CHARLES TAYLOR ARRIVED IN THE NETHERLANDS FOR TRIAL

Yesterday evening, the Special Court for Sierra Leone transferred Mr. Charles Taylor (58) to the detention centre of the International Criminal Court (ICC) in The Hague for the purpose of using the facilities of the ICC during his trial, in accordance with the Memorandum of Understanding (MOU) concluded by the ICC and the Special Court on 13 April 2006.
Taylor is held responsible for atrocities during the civil war in neighbouring country Sierra Leone in the nineties of the last century, causing the death of around two hundred  thousand people.

The special court for Sierra Leone was so afraid for tension in Liberia possibly caused by a trial in the region, that they asked a foreign power to organise the court case. The Dutch already indicated that the trial can be organised in The Netherlands, but that Taylor needs to leave after the trial. Guilty or not-guilty. After England assured that Taylor can serve his time there, the transport of Taylor to The Hague was dealt within no-time.

The trial will be conducted by a Trial Chamber of the Special Court sitting in The Hague.  The ICC will not conduct the trial of Mr Taylor. Under the terms of the MOU, the ICC will provide courtroom services and facilities, detention services and facilities and related assistance.  All costs will be paid in advance by the Special Court, through a Trust Fund established by the ICC Registrar.  This arrangement will not affect the functioning of the ICC. 

On 29 March, the then President of the Special Court, Justice A. Raja N. Fernando, sent a letter to the President of the ICC, Judge Philippe Kirsch, requesting the use of the ICC facilities in order to conduct the trial.  In his letter, Justice Fernando, having consulted within the Special Court and with external parties, referred to concerns about the stability in the region should Mr Taylor be tried in Freetown. 

The ICC sought the views of States Parties on this matter. The Assembly of States Parties subsequently conveyed to the ICC its acceptance of the request of the Special Court for Sierra Leone. Thereafter, the MOU was signed by Judge Kirsch on behalf of the ICC and by Mr Lovemore Munlo,  SC, Registrar of the Special Court.

The ICC and the Special Court are independent institutions.  The ICC was established by an international treaty, the Rome Statute, to which 100 States are party.  The Special Court is an independent tribunal established jointly by the United Nations and the Government of Sierra Leone.

It is still unclear when the process again Taylor will start. According to the temporary public prosecutor of the Special Court for Sierra Leone, the court case will have to be an example of ‘handling international criminal cases efficiently.’  The court does not have its own budget, but is dependant on contributions from UN-member states. The Netherlands is one of the most important contributors.

The judges, public prosecutors, lawyers and also the witnesses all have to come from Freetown to The Hague. A spokesman of Human rights Watch emphasised the necessity of in-depth information and communication, so victims can deal with the traumas. He pleas for websites, and radio- and TV-programs about the Charles Taylor court case.  more features

June 22 , 2006