Deputy Speaker Cllr. J. Fonati Koffa wants TRC implemented; Calls for Legal & Infrastructure Process setup to Embrace War Criminals Prosecution

Laws & Order

Deputy Speaker Cllr. J. Fonati Koffa wants TRC implemented; Calls for Legal & Infrastructure Process setup to Embrace War Criminals Prosecution

IPNews-Monrovia: On Monday February 15, war crimes trial of Gibril Massaquoi, 51, on allegations of war crimes and crimes against humanity, including murder and aggravated rape, allegedly committed during the second Liberian Civil War between 1999 and 2003, is scheduled to start in Monrovia.

Earlier this week, the Court in Finland, heard the case involving an International Non-governmental Organization (NGO) Swiss NGO Civitas Maxima and its Liberia-based sister organization, the Global Justice and Research Project (GJRP), a member group of self- procliamed Human rights fighter Hassan Bility.

The Pirkanmaa District Court, in Finland, at the beginning of the trial on Thursday, Fabuary 4, 2021, following years of delays for witnesses and the emergence of the COVID-19 Pandemic, began hearing into the case with claims and counter-claims ensuing between State Prosecutors and Defense lawyers over doubted charges brought against defendant Gibril Massaquoi.

Prosecutors in the war crimes trial of Gibril Massaquoi alleged last Friday that the defendant tried to influence witnesses in the case. State Prosecutor Tom Laitinen told presiding judge Juhani Paiho that a cleaner at the prison where Mr Massaquoi was being held in pretrial detention found handwritten notes in the restroom of the family meeting area, following a meeting Mr Massaquoi had with family on September 30.

“It turned out that these notes were written by Massaquoi and contained detailed instructions for the witnesses on the case,” Mr Laitinen said. The notes were submitted into evidence with the police pre-trial investigation materials which totalled 3800 pages.

As the uncertainties unfolds, IPNews inquired the government of Liberia, knowledge on the transfer of the Finnish trial to Monrovia come Monday, February 15, 2021. But unfortunately the government of Liberia seem not to be in the know of the transfer of the trial by Finnish authorities to Monrovia raising suspicion on the lack of ‘coordination, communication, and collaboration’, between Monrovia and Pirkanmaa on the transfer of the alleged war criminal.

As last minute consultations unfolds, Liberia’s Deputy House Speaker, Cllr. J. Fonati Koffa has spoken sharply on the implementation of the Truth & Reconciliation Commission (TRC) resolution, as supported by the United States Congress 1055.

The Liberian legal expert told IPNews in an exclusive interview that the issues of transitional justice is not necessarily hunting down perceived persons of Human Rights violations, but ensuring an established legal and infrastructure process supported by Liberians themselves to see that those bearing the greatest responsibility of War crimes are brought under the ambience of justice in other to set the stage for adherence to transitional justice and the rule of law.

Cllr. Koffa, who is now district No. 2 Representative of Grand Kru County, and Deputy Speaker, House of Representatives Liberia, stated that why it is the responsibility of the Liberian government to work with international established legal bodies yet Liberia cannot neglect its own ‘national soul’ to support and give full faith and effect to others.

Deputy Speaker Koffa stated that remedy to resolving Liberia’s long running issues of transitional justice is by giving full support to the Implementation of the TRC road-map highlighted by the United States Congress joint resolution 1055.

On the question of whether or not Liberia has the jurisdiction to tried International Human Rights’ Crimes, Deputy speaker Koffa, affirmed, however stated that neither him or the government is aware about the transfer within days the Finnish War crimes trial to Monrovia.

Justice Ministry officials in Monrovia remain silent up to press time on its knowledge over the transfer of War Crimes trial of a Sierre Leonenian man Gibril Massaquoui for war Crimes to Monrovia according to Finnish Judicial authorities.

Cllr. J. Fonati Koffa insist that while Liberia interposes no objection to the trial or other trials of International Human Rights nature, yet there are key issues of legal and infrastructural issues that Liberia needs to address in setting the stage for the trials of International crimes and crimes against Humanity.

“I don’t think the quest by Finnish authorities to transfer the trial of the Sierra Leonian man to Monrovia, is intended to embarrassed the government of Liberia. However, there is lack of infrastructure that needs to be address in other to give ‘free, fair, and transparent’ justice for both perpetrators and victims of war crimes and crimes against humanity. So than, I continue to say, Let’s follow the path of the TRC recommendation.” Deputy Speaker Cllr. J. Fonati Koffa stated.

Will the Trial in Monrovia fuel Tension Between Liberia & Sierra Leone:

On concern over the emergence of tension between neighboring Sierra Leone, and Liberia, with the hosting of Gibril Massaquoi, trial in Monrovia within two weeks, Cllr. Koffa, told IPNews certainly the governments of Sierra Leone and Liberia does not intend to shield war crimes and remain fully supportive of the international community quest to ensuring those held liable for the greatest war crimes and crimes against humanity are brought to justice.

“Im not sure the government of Sierra Leone is in favor of war criminals, neither am I assure of the Sierra Leonian government attitude towards the trial. Certainly yes l, former President Charles Taylor was prosecuted for crimes committed in Sierra Leone, however, the most important thing is ‘we cannot forget Liberia war crimes for crimes committed in other countries’. While a crimes is crimes; if we are to entertain these things especially on our soil, let us ensure that those who cause atrocities in Liberia are brought under the ambience of Justice and let’s follow that path Legislatively to do that in Liberia.”

” I’m not aware that the Legislature have had any oversight in this transfer of the trial, neither am I aware that the Executive has had negotiations on this matter. However, i would hope that a Finnish court seating in Finland cannot transfer a case of such nature to the Liberian authorities with out knowledge of the Liberian authorities. Thats would be mind-bucking. But even if you do, what is purpose of the trial. Is it a short trial or a trial to make someone feel good? Or an attempt for sustainable justice to ensure that all those who bear the greatest responsibility of war crimes and crimes against humanity are brought to justice? And when you do that, the Liberia TRC implementation just cannot be forgotten.” Cllr. J. Fonati Koffa recommended.

At the beginning of the trial on Thursday, Fabuary 4, 2021, following years of delays for witnesses and the emergence of the COVID-19 Pandemic, began with claims and counter-claims ensuing between State Prosecutors and Defense lawyers over doubted charges brought against defendant Gibril Massaquoi.

Prosecutors in the war crimes trial of Gibril Massaquoi alleged Friday that the defendant tried to influence witnesses in the case. State Prosecutor Tom Laitinen told presiding judge Juhani Paiho that a cleaner at the prison where Mr Massaquoi was being held in pretrial detention found handwritten notes in the restroom of the family meeting area, following a meeting Mr Massaquoi had with family on September 30.

“It turned out that these notes were written by Massaquoi and contained detailed instructions for the witnesses on the case,” Mr Laitinen said. The notes were submitted into evidence with the police pre-trial investigation materials which totalled 3800 pages.

Mr Massaquoi’s lawyer Kaarle Gummerus dismissed the importance of these notes, arguing that his client had been in a state of panic at the time, and that the intention of the notes was to remind people of the events in the early 2000s, not to ask them to lie.

The final day of the first week of the trial in Pirkanmaa District Court in the Finnish city of Tampere was dominated by Mr Massaquoi’s defence. Lead lawyer Gummerus said the case relied heavily on written evidence – news articles, United Nations reports, the 2009 report by the Truth and Reconciliation Commission of Liberia (TRC) Report, and other documents that Gummerus said paint a picture of a man who had no reason – or time – to be involved in atrocities in Liberia.

“We want to bring the entire context to for everyone to see, to show there are many moving parts,” Mr Gummerus said.

Sierra Leonean Gibril Massaquoi, 51, is charged with war crimes and crimes against humanity, including murder and aggravated rape, allegedly committed during the second Liberian Civil War between 1999 and 2003. A former colonel and spokesman in the Sierra Leonian rebel group the Revolutionary United Front (RUF), Mr Massaquoi was an informant in the case brought against Liberia’s former president Charles Taylor at the Special Court for Sierra Leone which eventually convicted Mr Taylor and several other top leaders. Mr Massaquoi moved to Finland in 2008 after the Northern European country signed a law allowing the settlement of informants such as him.

The prosecution against Mr Massaquoi relies on testimonies gathered during the pre-trial investigation carried out by Finland’s National Bureau of Investigation (NBI) in between 2018 and 2020. The NBI was initially alerted of Mr Massaquoi’s alleged past by Swiss NGO Civitas Maxima and its Liberia-based sister organization, the Global Justice and Research Project (GJRP).

Earlier Olon Thursday, Mr Massaquoi’s defense lawyers argued that these organizations may have played a role in influencing witnesses’ narratives. “We ask the court to consider how the witnesses have become involved in the investigation,” the defensce lawyers said. “It appears that the majority of them are either directly or indirectly involved with either Civitas Maxima or the GJRP.”

On Friday, the prosecution rejected these claims, saying that witnesses were also found by NBI investigators. “There are 55 individuals who were found entirely independently of these organizations,” prosecutor Laitinen said. “We plan on hearing 20 of those witnesses in this trial.”

The narratives of Mr Massaquoi’s alleged involvement in committing and overseeing atrocities are consistent, Mr Laitinen said. “Regardless of what way the witnesses were found, the common factor is that their stories of Massaquoi’s guilt are very similar,” he said.

Friday was the first day in the trial to feature direct questioning between prosecution and defence, with both interjecting to question the other’s evidence.

Defence lawyers argued that newspaper stories submitted into evidence show that Mr Massaquoi was not in Liberia at the time of the alleged crimes. They also said the absence of Mr Massaquoi’s name in the extensive testimonies that made up the 2009 Truth and Reconciliation Commission Report showed that he could not have committed the crimes.

The prosecution challenged the trustworthiness of the media stories that the defense was relying on to establish that Mr Massaquoi was not in Liberia when the alleged crimes took place. Prosecutor Laitinen repeatedly questioned the validity of the media reports, saying that a number of them could have involved journalists not seeing Mr Massaquoi in person, meaning that he could have been anywhere when those interviews were done.
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