sierra leone: failure to support special court will undermine au, says amnesty

News Release Issued by the International Secretariat of Amnesty International
AI Index: IOR 10/004/2003 (Public)
9 July 2003

On the eve of the African Union (AU) summit in Maputo, Amnesty
International calls on all African governments to fulfil their obligations
under international law and to cooperate fully with the Special Court for
Sierra Leone.

"African governments meeting in Maputo should state publicly their
commitment to cooperate with the Special Court; failure to do so will
undermine the integrity of the AU," Amnesty International said.

The Special Court has indicted Liberian President Charles Taylor for
"bearing the greatest responsibility" for war crimes, crimes against
humanity and other serious violations of international humanitarian law.

Although President Taylor was in Ghana, a member state of the African Union
(AU), when the indictment was made public, the Ghanaian authorities failed
to arrest him and either surrender him to the Special Court or pursue the
case under Ghana's own legal system, as they were required to do under
international law.

In the last few days, the Government of Nigeria is reported to have offered
"asylum" to President Taylor in Nigeria, with the implication that the
Nigerian authorities will not arrest President Taylor and either surrender
him to the Special Court or open an investigation with a view to
determining whether to open criminal or extradition proceedings in Nigerian
courts.

Amnesty International has written to both President John Kufuor of Ghana
and President Olusegun Obasanjo of Nigeria expressing the organization's
dismay at their failure to cooperate with the Special Court and to fulfil
their obligations under international law.

Both countries, as a party to the Geneva Conventions, are under an
obligation to bring to justice in their own courts those who have committed
or ordered grave breaches of the Conventions, to extradite them to another
country willing and able to do so or transfer them to an international
criminal court. No one, regardless of their status - including a head of
state - has immunity for the most serious crimes under international law.

In addition, the Constitutive Act of the AU commits all member states to
cooperate in promoting and ensuring respect for human rights, democratic
culture, good governance and the rule of law. Through the Act, African
governments pledge and express their determination "to promote and protect
human and peoples' rights, consolidate democratic institutions and
culture", to "encourage international cooperation taking due account of the
Charter of the United Nations and to promote peace and security".

Amnesty International is concerned that, despite legally-binding
obligations under the Act and other international humanitarian and human
rights treaties to which many AU member states are parties, there appears
to be a reluctance by some members of the AU to fulfil these obligations,
including by cooperating fully with the Special Court for Sierra Leone.

" The fundamental principles of justice articulated in the Act and other
international standards will remain rhetoric unless African governments
fully cooperate with the Special Court," Amnesty International said.

The United Nations Secretary-General and Security Council have repeatedly
expressed their support for the Special Court for Sierra Leone and have
called on all states to cooperate fully with the court.

Amnesty International believes that cooperation by all member states of the
AU with the Special Court, including by arresting any person indicted by
the Special Court who enters their territory, will not only fulfil the will
of the international community that impunity for war crimes, crimes against
humanity and other grave crimes comes to an end but will also deter further
human rights abuses in Africa.

More information on the African Union -
http://amnesty-news.c.tclk.net/maabeYzaaY5ucbdTYAHb/
More information on Sierra Leone -
http://amnesty-news.c.tclk.net/maabeYzaaY5udbdTYAHb/

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