European Parliament resolution on the Special Court for Sierra Leone: the case of Charles Taylor
Date: 2005-02-24
Institutions: European Parliament
Subjects: EU relations, International Criminal Tribunal, Liberia, Nigeria, Sierra Leone, common foreign and security policy, crime against humanity, extradition, political figure, regional security, war crime

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1.12.2005

Thursday 24 February 2005

4. Welcomes the release of some political prisoners, but remains deeply concerned that other political
leaders, students and human rights activists remain in detention or are under house arrest after the royal
take-over;

5.
Stresses that press censorship and the severing of communications with the outside world prevent
public scrutiny of the army's actions and have put the Nepalis at greater risk of abuse, and asks for freedom
of the media and communications to be fully restored;

Expresses its deep concern at the great number of alleged unlawful killings, widespread torture, impun-
6.
ity and other human rights violations by both the security forces and the Maoists, and appeals to both sides
of the conflict to sign human rights accords as a first measure to curb the abuses which are giving rise to
anxiety and fear among the population;

7.

Calls for the suspension of all military assistance;

Calls on the Council to impose smart sanctions against the ruling elites in government and the mili-

8.
tary until democracy is restored in Nepal;

9.
Calls on the EU to review its assistance to Nepal, to scrutinise closely the final destination of all
assistance to Nepal in order to ensure that it serves its primary purpose of poverty alleviation, to address
the underlying causes of conflict in the country and to fund conflict resolution programmes;

10.
Urges the Council and the Commission to support a resolution on Nepal at the 61st session of the
UN Human Rights Commission, and urges the United Nations Commission on Human Rights to appoint a
Special Rapporteur to monitor the human rights situation in Nepal at its Geneva meeting in March 2005;

11.
Calls on both sides of the conflict to accept the deployment of human rights observers under the
auspices of the National Human Rights Commission and calls on the EU and the UN to offer technical and
financial assistance for this purpose;

12.
Calls on the Nepalese Government to allow the TRWO and the representative office of the Dalai
Lama in Kathmandu to resume operations, and expresses its concern that the closure might be interpreted
as a trade-off with China on the state of emergency;

13.
Instructs its President to forward this resolution to the Council, the Commission, King Gyanendra,
the Governments of India and the other SAARC member states, the United Nations High Commissioner for
Human Rights and the Secretary-General of the United Nations.

P6_TA(2005)0059

The Special Court for Sierra Leone: the case of Charles Taylor

European Parliament resolution on the Special Court for Sierra Leone: the case of Charles Taylor

The European Parliament,

— having regard to the Special Court for Sierra Leone, established through an agreement between the
United Nations and the Government of Sierra Leone pursuant to UN Security Council Resolution
1315 of 14 August 2000, with the aim of putting on trial those accused of war crimes, crimes against
humanity and violations of international law committed in Sierra Leone,

— having regard to international

thereto on war crimes,

law, particularly the Geneva Conventions and Additional Protocol II

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— having regard to the Comprehensive Peace Agreement which was concluded in Accra, Ghana, on
18 August 2003, with the aim of ending more than 14 years of internal armed conflict in Liberia,

— having regard to the Cotonou Agreement between the EC and ACP countries, which include Nigeria
and Liberia, and the commitment by parties to the Agreement to peace, security and stability, respect
for human rights, democratic principles and the rule of law,

— having regard to Rule 115(5) of its Rules of Procedure,

A. whereas Charles Taylor, former President of Liberia, ran an authoritarian regime in Liberia from 1997

until civil war broke out,

B. whereas 14 years of violence and misrule in Liberia have resulted in immense human suffering, particu-
larly among civilians, as well as gross human rights violations, massive displacement of populations,
and a breakdown of social and economic structures,

C. whereas the conflict in Liberia has also contributed to severely destabilising the whole West Africa sub-

region, creating a humanitarian crisis of tragic proportions,

D. whereas, on 7 March 2003, Charles Taylor was indicted by the Prosecutor of the Special Court for
Sierra Leone on 17 counts of crimes against humanity and war crimes, including murder, mutilation,
rape, sexual slavery and the recruitment of child soldiers,

E. whereas Taylor continues to reside in Nigeria, citing head-of-state immunity from prosecution, despite
the fact that, on 31 May 2004, the Appeals Chamber of the Special Court for Sierra Leone rejected
Charles Taylor's claim to immunity from prosecution,

F. whereas the Government of Nigeria was crucial

in helping to bring about the end of civil war in

Liberia; whereas Charles Taylor accepted the Nigerian Government's offer of asylum on 6 July 2003,

G. whereas in October 2003 the United Nations Security Council expressed its concern about Charles
Taylor's ongoing efforts from exile to destabilise Liberia and West Africa, thus breaking the previous
agreement with Nigeria to grant him asylum, under which he committed himself to abstaining from
any involvement in Liberian politics,

H. whereas,

in August 2004, the United Nations Security Council

imposed a travel ban upon current

Liberian officials for their alleged roles as couriers for Charles Taylor in Nigeria,

I. whereas, in September 2004, the Special Representative of the Secretary-General of the United Nations
testified before the United Nations Security Council that: ‘Charles Ghankay Taylor's shadow still looms
over Liberia; unless he is brought before the Special Court for Sierra Leone, many ordinary Liberians
will not be persuaded that the peace process is sustainable’,

J. whereas, in addition to voluntary contributions in excess of USD 30 million from Member States to the
creation and working of the Special Court for Sierra Leone, the European Union has itself supported
the Special Court for Sierra Leone to the tune of EUR 800 000,

K. whereas elections in Liberia are currently scheduled for October 2005 and the outcome may be deter-

mined on the basis of fear of Charles Taylor's return rather than hope for the future,

L. whereas peace and stability in the Mano River Union countries of Liberia, Sierra Leone and Guinea have
proved indivisible, with a threat to one country damaging the chances of positive development in all,

M. whereas Charles Taylor remains a threat to international peace and security and undermines European

efforts to support sustainable peace and development in West Africa,

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N. whereas impunity for Taylor would defy international law, be an affront to Taylor's innumerable victims

and undermine the establishment of a lasting peace in the region based on the rule of law,

O. whereas the people of Sierra Leone are entitled to see justice done in the case of Charles Taylor by a fair

trial before the Special Court for Sierra Leone,

P. whereas international law clearly states that war criminals must be tried at all times and that states are

obliged to extradite people suspected of having committed war crimes,

Q. whereas the UNHCR's Executive Committee Note on the Exclusion Clauses of the Geneva Conventions
has clearly stated that ‘if the protection provided by refugee law were permitted to afford protection to
perpetrators of grave offences, the practice of international protection would be in direct conflict with
national and international law, and would contradict the humanitarian and peaceful nature of the con-
cept of asylum’,

R. whereas Nigeria has ratified the Geneva Convention, which states that those that have committed war

crimes may not be granted refugee status,

Calls on the Government of Nigeria to act in the continued interests of the Liberian peace process and
1.
in support of the rule of law by surrendering Charles Ghankay Taylor forthwith to the jurisdiction of the
Special Court for Sierra Leone;

2.

Calls on the United Nations Security Council to consider this issue as a matter of urgency;

Calls on the UN, the EU and Member States to build international pressure in order to bring about

3.
Charles Taylor's extradition;

4. Welcomes the Liberian transitional government's decision to freeze the assets of former president
Charles Taylor and his associates;

Calls on the EU to keep supporting the 2003 peace agreement between Liberia's three warring factions

5.
and the upcoming presidential and parliamentary elections scheduled for October 2005;

Demands that all states in the region refrain from any action that might contribute to instability in

6.
neighbouring countries;

7.
Instructs its President to forward this resolution to the Council, the Commission, the governments of
the Member States, the Chief Prosecutor of the Special Court for Sierra Leone, the Co-Presidents of the ACP-
EU Joint Parliamentary Assembly, the African Union, the UN Secretary-General, the Secretary-General of
Ecowas and the Governments of Liberia and Nigeria.