26/04/2012 BBC World News

You are watching BBC News. We have live coverage from the Hague where

judges have started to deliver their verdict in the trial of the

former President of Liberia, Charles Taylor. He is 64 and

accused of war crimes and crimes against humanity. Fuelling the

brutal ten-year civil war in neighbouring Sierra Leone in the

1990s. Let's listen in. A report of the Committee of four on the

situation in Sierra Leone in August 1997, described the situation of

massive looting of property, murder and rates following the military

coup on 25th May 1997. The final report of the 16th meeting of the

chiefs of state in Abuja, Nigeria, in August 1997, a meeting in which

the Liberian representative participated, also described a very

bloody coup, followed by massive looting and finalisation of public

and private properties and the opening of the prisons by the junta.

In a speech to the nation on 18th June, 1997, the forces of the RUF

themselves apologised for the atrocities they had committed in

Sierra Leone, including killings and rapes. Following a coup on 29th

August, 1997, it was decided to place a total embargo on all

supplies of petroleum products, arms and military equipment to

Sierra Leone. Similarly, on the aid of October, 1997, the United

Nations Security Council decided to impose an embargo on arms and

ammunition to Sierra Leone. -- 8th October. These embargoes clearly

indicate that at the very least by August 1997, the gentle was

perceived by the international community as a threat to peace. --

at the junta. It was recognised that military support could

facilitate the crimes described above. The accused was evasive in

his testimony as to what and when he knew about the crimes being

committed in Sierra Leone. In light of these reports and considering

the fact that the accused received daily briefings from his national

security adviser about the international situation, and was a

member of the committee of five, we find that as early as 1997 Charles

Taylor was informed in detail of the crimes committed during the

chunter period, including murder, abduction of civilians including

children, rape, amputation and looting. After 1997, the media

coverage of the RUF crimes and terror Campaign against the Sierra

Leoneans and the civilian population increased. There are

reports from international organisations, non-governmental

organisations and newspapers, indicating evidence, describing the

atrocities committed by the RUF troops after the intervention at

the end of the gentler Government. -- JUN Government. These reports

indicate that it was public knowledge that the forces committed

the following crimes, unlawful killings, sexual violence, physical

violence, looting, conscription and use of child soldiers, abduction,

terrorism and other atrocities. The accused himself admitted that by

April 1998, if someone was providing support to the RUF he

would be supporting the group engaged in a campaign of atrocities

against the civilian population of Sierra Leone. At that time, as the

accused testified, there were news reports of a horrific campaign

being waged against the civilian population in Sierra Leone. In a

statement dated July 1998, the accused are strongly condemned the

continuing rebel activities in Sierra Leone as well as the

horrendous atrocities that were being committed there. -- the

accused condemned the rebel activities. We find the accused was

aware of the crimes committed by RUF forces against civilians,

including murder, abduction of civilians including children, wrote,

amputations and looting, as early as August 1997 when he became

President. -- rape. Summary of legal findings. The indictment

charges the accused with individual criminal responsibility relating to

article 61 of the statute, for the crimes referred to in articles two,

three and four of the statute, alleged in the indictment. The

chamber has found that the crimes charged under council one to 11 of

the indictment were committed, and it now turns to the responsibility

of the accused for these crimes. Responsibility pursuant to article

63 of the statute. The indictment charges that the accused is

individually, criminally responsible for the crimes referred

to in articles two, three and four of the statute, as alleged in the

indictment by virtue of holding position of superior responsibility,

and exercising command and control over subordinate members of the RUF

and Liberian fighters. It is alleged that the accused is

responsible for the criminal acts of his subordinates, in that he

knew or had reason to know that the support and it was about to commit

such acts or had done so. -- the support of it. The accused failed

to take reasonable measures to prevent this or punish the accused

thereof. There was a subordinate relationship with the perpetrators

of the crimes. Article 63 holes the superior responsible if the

superior knew or had reason to know that his or her support and it was

about to commit crimes forbidden by the statute and failed to take

necessary and reasonable measures to prevent or punish the

perpetrators. It must thus be demonstrated that the superior had

effective command and control over his subordinates, that is the

material ability to prevent or punish the offence. The trial

chamber is of the view that the accused had substantial influence

over the leadership of the RUF and to a lesser extent the other group.

However, that substantial influence over the conduct of others fell

short of effective command and control, as demonstrated by the

evidence. The evidence establishes that from 1990 to March 1997, Foday

Sankoh was the sole leader of the RUF and did not take orders from

the accused. When Foday Sankoh was arrested in 1997, he ordered

another to take hold off the RUF and take orders from the accused.

The trial finds that the accused gave the advice to this man and to

his successor, but the evidence does not establish that either of

them was subordinate to the accused, nor that the accused had effective

command and control over the RUF during their respective 10 years.

Similarly, the trial chamber finds that the accused gave guidance,

advice and direction to Johnny Corona when he was leader of the

RUF. But the evidence does not establish that he was in control of

the RUF. With regard to the fighters, the trial chamber finds

that even if they were sent to Sierra Leone by the accused, there

is not sufficient evidence to find beyond a reasonable doubt that they

remained under the effective command and control of the accused

once in Sierra Leone. The trial chamber accordingly finds that the

prosecution failed to prove beyond reasonable doubt that the accused

is individually, criminally responsible under Article 63 for

the crimes referred to in articles two, three and four of the statute

as alleged in the indictment. Joint criminal enterprise. The indictment

charges the accused with the crimes referred to in articles two, three

and four of the statute, as alleged in the indictment, which crimes

amounted to or were involved with a common plant, design or purpose in

which the accused parties are -- participated. As discussed earlier,

the trial chamber found that the prosecution failed to prove that

any of the three alleged meetings in Libya, Burkina Faso as well,

where the common plan is said to have been established, it took

place. While the trial chamber found that the accused provided

significant operational and military support to the RUF,

particularly after he became President of the Liberia, the

evidence does not establish that this support was provided pursuant

to a common plan in the context of the joint criminal enterprise.

Accordingly, the trial chamber finds that the prosecution has

failed to prove beyond a reasonable doubt that the accused is

criminally responsible by virtue of having participated in a common

plan, design or purpose to commit the crimes alleged in the

indictment. Responsibility under 61 for aiding and abetting. The

indictment charges of the accused, that he'd individually responsible

according to article 61 of the statute for aiding and abetting the

crimes referred to run articles two, three and four of the statute, as

alleged in the indictment. -- in articles. The prosecution alleges

that by providing assistance, encouragement and moral support,

the accused's acts had a substantial effect on the

perpetration of the crimes in the indictment and that he had the

clear intent to act in support of those crimes. The Defence denies

that the accused is responsible for aiding and abetting the commission

of any of the crimes charged in the indictment. Aiding and abetting

requires that the accused gave practical assistance, encouragement

or moral support, which had a substantial effect on the

perpetration of a crime. The trial chamber finds beyond reasonable

doubt that the accused provided arms and ammunition, military

personnel, operational support, moral support and on-going guidance

to the RUF and Liberian fighters for military operations during the

indictment period. The heading his commission of crimes intrinsic to

the RUF war strategy. Before turning to the various forms of

assistance provided by the accused, the trial chamber considered the

RUF's war strategy. Throughout the period, the strategy of the RUF was

characterised by a campaign of crimes against the Sierra Leoneans

and civilian population. It included murders, rapes, sexual

slavery, looting, abductions, forced labour, child soldiers,

amputations and other forms of physical violence and acts of

terror. These crimes were inextricably linked to how the RUF

achieved their political and military objectives, in particular

under the leadership of Sam Buttery, the RUF pursued a policy of

committing crimes in order to achieve gains at any civilian cost

and also politically to attract the attention of the international

community and to heighten their negotiating stance with the Sierra

Leone Government. That their operations were given titles such

as Operation no living thing, and operations Benno -- spare no soul,

made explicit the tent of the RUF to raise the campaign of terror

against civilians as part of their strategy. As for the various forms

of assistance provided by the accused, they are as follows. Arms

indictment period, the accused, directly or through intermediaries,

supplied or facilitated the supply of arms and ammunition to the RUF.

The accused has sent a small but regular supplies of arms and

ammunition and other supplies to the RUF from late 1997 to 1998,

through his subordinates and substantial amounts of arms and

ammunition to the RUF from 1998 to He does it tasted much larger

shipments from third-party states the -- he facilitated. And a

shipment in November, December, 1998.

During the indictment period, these arms were used by the RUF, and

alliances and Liberian fighters in military operations. And in various

other operations, in 1998. And in the Freetown invasion in 1999, and

attacks on the outskirts in the western area in late January, early

February, 1999. These operations involved widespread and systematic

attacks on the civilian population and the commission of crimes. The

chamber finds the provision and facilitation of this ammunition

constituted practical assistance, which had a substantial effect on

the perpetration of crimes and the during the indictment period.

Military personnel. The accused also provided military personnel to

the RUF, a group of 20 fighters who had been integrated. These fighters

fought in August, September, 1998, as part of a group of 200 fighters.

These 20 fighters were later incorporated into a battalion, part

of a group of 1000 fighters who participated in the invasion of

Freetown and committed crimes during the course of military

operations in December 1998, generally 1999. The accused

organised and sent former fighters and civilians who had retreated to

Liberia, back to Sierra Leone to fight in the Freetown operation, in

December 1998. Moreover, the accused sent 150 fighters as

reinforcements who participated in the attack in those districts in

late 1998. The charge chamber finds that the practical assistance

provided by these military personnel sent by the accused had a

substantial effect on the commission of crimes by the RUF,

during the course of military operations. Operational support in

the Prix indictment period, radio operators and equipment were sent

to Sierra Leone, and fighters trained by the radio operators, in

radio communications, with the knowledge of the accused. The RUF

continued to benefit into the indictment peered from the enhanced

communications capacity, which resulted from this assistance.

However, as the acts of the accused took place prior to the indictment

period, the chamber has not taken that into account in determining

criminal responsibility. The chamber found the accused also

provided operational support to that indictment period, including

giving satellite phones, and facilitating communications through

the communications network, providing them with access to radio

communications, equipment, in Liberia, allowing the use of the

radio station for communications, and the transmission of messages to

RUF forces, warning them of impending attacks which the accused

must have known about. This communications support provided

practical assistance for the crimes committed during the course of the

military operations throughout the endowment period. The accused also

provided financial support, including funds of up to $20,000 at

a time, on multiple occasions, for the purchase of arms. The accused

also kept diamonds and money in safe keeping for them. The accused

also provided a guest house for them in Monrovia used by the RUF to

facilitate the transfer of arms and funds from the accused to the RUF,

and the delivery of diamonds to the accused. The chamber considers that

the provision of the guest house by the accused as a base of operation

for procurement and a way station for arms and ammunition, provided

practical assistance for the commission of crimes committed

during the course of military operations. The accused provided

other forms of support, including the provision of security escorts,

facilitation of access through checkpoints, assistance with

transport of arms and ammunition by road and by air, safe haven and

medical support for treatment of wounded fighters in Liberia, as

well as provision of goods such as food, clothing, cigarettes, alcohol

and other suppliers to the RUF. The accused also sent herbalists for

fighters, to protect them against bullets, and bolster their

confidence. Liberian forces also assisted the unit with the capture

and return of deserters, to Sierra Leone. The provision of such

support, in addition to the military support provided,

constituted practical assistance, which had a substantial effect on

the commission of crimes committed during the course of military

operations. Encouragement and moral support. The chamber has considered

the ongoing communications and consultation between the accused

and the leadership, and the ongoing advice and encouragement that the

accused provided to them. He advised Foday Sankoh to participate

in the 1986 peace talks to obtain arms and ammunition. Instruct the

RUF to open a training base in 1998, to construct an airfield. He

instructed them to capture and hold a particular district for diamonds

and two secured arms and ammunition. The chamber has taken into account

the position of the authority of the accused as an elder statesman

and President of Liberia, the deference accorded to him by the

leadership, and their reliance on his guidance, and the fact his

advice was generally heeded by them. Taken cumulatively and having

regard to the military support provided by the accused, the

chamber finds that the practical assistance encouragement, and moral

support provided by the accused had a substantial effect on the

commission of crimes during the course of military operations in

Sierra Leone. The accused. The essential mental element required

for aiding and abetting is that the accused knew that his acts would

assist the commission of a crime by the perpetrator or that he was

aware of the substantial likelihood that his acts would assist the

commission of a crime by the perpetrator. In cases of specific

intent crimes, such as acts of terrorism, the accused must be

aware of the specific intent of the perpetrator. As discussed

earlier,... That judge talking about the

considerable influence Charles Taylor had in Sierra Leone. Let us

go to the Hague to find out exactly where we stand in terms of how many

charges Charles Taylor has been found guilty of so far. Our

correspondent is there. Did remind us of where we stand in

terms of the guilty or not guilty verdict?

We have still to hear any verdicts officially declared, there are 11

charges in all. The presiding judge has spent two hours going through a

very detailed account of the war in Sierra Leone, and the extent to

which Charles Taylor, former President of Liberia, was involved

in arming and supporting the rebels led by Foday Sankoh, as alleged by

the prosecution. At heart is the prosecution case that Charles

Taylor had ultimate responsibility for the activities and operations

of the RUF in Sierra Leone in the 1990s. We have heard the presiding

judge say that, while Charles Taylor had substantial influence

over the RUF, it fell short of command and control. He said the

chamber, the prosecution had failed to prove there was a common plan,

and failed to provide, to prove command responsibility. But, they