A House with Two Rooms - The Advocates for Human Rights

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treatment appropriate to their status as unconvicted persons. 200 • All persons must be immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence. 201 • Any detained or arrested person who does not have a lawyer is, in all cases in which the interests of justice so require, entitled to have a lawyer of experience and competence commensurate with the nature of the offence assigned to him or her in order to provide effective legal assistance, without payment if the person lacks sufficient means to pay for such services. 202 • All persons arrested or detained, with or without criminal charge, have a right to prompt access to a lawyer, and in any case not later than 48 hours from the time of arrest or detention. 203 • All arrested, detained, or imprisoned persons are to be provided with adequate opportunities, time, and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception, or censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials. 204 • No one is to be imprisoned merely on the ground of inability to fulfill a contractual obligation. 205 Administration of Justice: Judicial Independence • The Government of Liberia should support amendment of the constitution of Liberia to include an explicit guarantee of judicial independence. 206 • A judicial code of conduct should be written, disseminated, and enforced. 207 • The Government of Liberia should ensure judges and lawyers receive appropriate training. 208 • The Government of Liberia should ensure that the term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions, and the age of retirement are adequately secured by law. 209 • The Government of Liberia should ensure that promotion of judges is based on objective factors, in particular ability, integrity, and experience. 210 • The Government of Liberia must ensure that judges are subject to suspension or removal only for reasons of incapacity or behavior that renders them unfit to carry out their duties. All disciplinary, suspension, or removal proceedings must be determined in accordance with established standards of judicial conduct. Decisions in disciplinary, suspension, or removal proceedings should be subject to an independent review. 211 • The Government of Liberia should ensure that all individuals appointed to judicial office are Potential Implementation Strategy: Reforming the Judiciary Relative to rebuilding confidence and trust in the judiciary, in a 2006 report the Liberian Governance Reform Commission suggested that a permanent judicial training institute should be established to address the training needs of all levels of the judiciary. 212 The Government of Liberia and international donors should continue to support efforts to establish such an institution. 434
appointed through the appropriate process of law and as their qualifications merit. Administration of Justice: Access to Lawyers & Legal Services • The Government of Liberia should ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within its territory and subject to its jurisdiction, without distinction of any kind, such as discrimination based on race, color, ethnic origin, sex, language, religion, political or other opinion, national or social origin, property, birth, economic, or other status. 213 • The Government of Liberia should ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons. The Liberian Bar Association should cooperate in the organization and provision of these services, facilities, and other resources. 214 • The Government of Liberia should ensure that lawyers: o are able to perform all of their professional functions without intimidation, hindrance, harassment, or improper interference; o are able to travel and to consult with their clients freely both within their own country and abroad; and o shall not suffer, or be threatened with, prosecution or administrative, economic, or other sanctions for any action taken in accordance with recognized professional duties, standards, and ethics. 215 • The Government of Liberia should support policies to assist prosecutors when appropriate in waiving prosecution, discontinuing proceedings conditionally or unconditionally, or diverting criminal cases from the formal justice system, with full respect for the rights of suspects and victims. For this purpose, the Government of Liberia should fully explore the possibility of adopting diversion schemes not only to alleviate excessive court loads, but also to avoid the stigmatization of pre-trial detention, indictment, and conviction, as well as the possible adverse effects of imprisonment. 216 Administration of Justice: Juvenile Justice • The Government of Liberia should ensure that prosecution of juvenile offenders is undertaken consistent with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice. 217 • Accused juvenile persons should be separated from adults and brought as speedily as possible for adjudication. 218 • Juvenile offenders should be segregated from adults and be accorded treatment appropriate to their age and legal status. 219 435 Chapter Fourteen
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A House with Two Rooms Final Report
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This report is dedicated to the peo
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The Advocates for Human Rights The
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Table of contents Acknowledgments x
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The Return 374 Chapter Fourteen. Re
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Lindquist & Vennum LLP Maslon Edelm
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Finally, The Advocates thanks our i
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Table of Acronyms ACANA African Cul
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3 Chapter One. Executive Summary Al
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also spoken. Liberia was partly sha
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The concentration of state power am
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factions as they emerged to contest
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thirteen years old. They dragged he
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or guiding children and others who
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are extremely high, but the realiti
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Addressing the legacy of conflict t
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Notes 1 TRC Diaspora Statement Rec.
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Priority Recommendations at a Glanc
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(UNHCR) should ensure that any repa
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individuals personally responsible
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eflect its history and people. Such
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31 Chapter Two
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hiStory and goalS Chapter Three. Di
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Commissioner Massa Washington, who
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39 Chapter Three Many national trut
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41 Chapter Three The TRC Diaspora P
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The majority of TRC statements from
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45 Chapter Three The report authors
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taking and is available for viewing
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geography and peopleS 1 Liberia is
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key featureS of liBerian culture Li
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Liberian settler politics from 1883
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President Tolbert. 76 Tolbert was a
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peace, security, unity and reconcil
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practices as superior to practices
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would have to make concessions to i
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statement giver reported how his ne
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targeted. For example, people with
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chickens, food, animals, and things
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televangelist Pat Robertson’s Fre
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33 The palava hut is a traditional
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Special Court for Sierra Leone, htt
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Press Secretary to Samuel K. Doe, i
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see also Herman J. Cohen, Assistant
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81 Chapter Five Human Rights Abuses
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military to shoot the mostly indige
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Human rights violations reported du
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around, all derisively gazing at th
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soldiers reportedly engaged in loot
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eleased. 63 Checkpoints and Curfews
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In 1984, this statement giver himse
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dorms and raped for several days be
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Ethnic Targeting Doe’s revenge ag
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and stripping billboards of Doe. 14
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government were another step on Lib
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34 The statement giver’s father d
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108 Adewale Maja-Pearce, The Press
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108
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110
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all groups committed human rights v
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faction for companionship and prote
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Statement givers noted the rewards
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We were on the road and some rebels
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Combatants used other methods to co
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BBC was careful not to broadcast di
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42 See TRC Diaspora Statement Recs.
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126
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128
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methods condoned, encouraged, or ev
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“Starvation of civilians as a met
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where there was “a wall running w
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were Kru, Sarpo, Lorma, or Bassa du
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plastic and my sister’s fingers w
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If you are a man and wear a red T-s
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Those responsible for the detention
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We didn’t want to leave Monrovia.
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The terroristic impact of the killi
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his bare hand and because of that,
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okered peace accords, 195 disarmame
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the woman was from. She replied tha
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Doe’s body for political reasons.
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Another statement giver stated that
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iSe of other factionS The years bet
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Statements and secondary sources re
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One day some men from the LPC came
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epresentatives selected by the vari
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families, 409 killing, 410 and seek
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Statements revealed that ECO-MOG pl
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Notes 1 stePHen ellis, tHe mAsk of
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96 TRC Diaspora Statement Rec. 1354
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Every Car Or Moving Object Gone: Th
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Report.aspx?ReportId=57838 (last vi
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180
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182
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Liberian treasury and had plenty of
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group supported by Guinea and forme
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homes and in public. A statement gi
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of being beaten while in detention.
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an informant, but was never brought
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Acts, such as murder, extermination
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publisher. After that, the reporter
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97 Children and Armed Conflict, sup
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200
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202
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Estimates of the number of child so
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ex-combatants interviewed by Human
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of the conflict, but in 1996, lost
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Use of Child Soldiers National Patr
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that they were never paid and relie
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He thought the commanders provided
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Some former child soldiers acknowle
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Another statement giver credited a
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21 Promises of Peace, supra note 7
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224
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226
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The statute creating the TRC also r
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Legal Systems The division of Liber
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of regulated labor. According to th
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the young woman that “trading sex
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context, but rather is a violation
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In addition to inflicting torture o
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One statement giver described an at
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A public hearing witness also testi
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The rebel who raped me was named An
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I was befriended by an elderly woma
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through the destruction of familial
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community displacement, as well as
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eceive adequate treatment following
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Notes 1 U.N. Div. for the Advanceme
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University (Sept. 23, 2008) (noting
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(transcript on file with the author
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204 Id. 205 See U.N. Country Team,
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262
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264
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egime, Libyans had also established
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Taylor. Côte d’Ivoire’s combin
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Endemic corruption during the civil
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A final complicating factor in the
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Liberia was the largest producer of
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at 4 (Nov. 2003), http://www.issafr
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certificates of origin from Liberia
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119 Liberia - UNOMIL Background, Au
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282
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284
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national seal with the motto “The
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government, the U.S. Navy sent two
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Nevertheless, diplomatic officials
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and shootings that resulted in deat
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intervene and that we didn’t do i
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$525,000 on June 21, 2000 and the s
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87 TRC Diaspora Statement Rec. 707.
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300
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302
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families fled to avoid attack when
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homes. One statement giver describe
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Everyone Scattered When the rebels
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abies and ran to the bush as fast a
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helped me and paid for everything.
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Liberians engaged in an array of ta
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compound was later forced to go to
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Physically crossing the border was
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One statement giver who escaped Lib
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Guinea, and Côte d’Ivoire, and r
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statement givers as the reason they
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were rounded up and held in “conc
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change left many who arrived in Bud
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This leads [him] and others to use
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[A], you’re still living. We will
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here with my children and step-chil
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families are now leaders in governm
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Refugees entering the United States
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Some asylum seekers have been unabl
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life after reSettlement The length
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plane tickets, which we would later
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“Even your younger brother will t
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in a university. We are looked at a
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given rise to problems within the h
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y learning the material. 413 Additi
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Liberians also reported concerns ab
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For example, foreign medical profes
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association websites in the United
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matter, for-profit businesses), cer
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yet typical, trauma by the time the
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actually moved out of state. I know
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inter-tribal mixing occurs than eve
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A researcher interviewing Liberians
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Several statement givers and interv
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Alliance of Liberia (PAL), and the
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After the establishment of peace in
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Notes 1 See Steven Vertovec, The Po
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ehind the back, tied at the elbow s
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Refugee Registration, UNHCR news st
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had arrived after 2003 were allowed
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Page 418 and 419: liBeria’S international legal oBl
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Page 424 and 425: • Given the extent of the Liberia
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Page 430 and 431: on the Rights and Welfare of the Ch
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Page 436 and 437: person’s choice, the government s
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Page 442 and 443: the victims concerned where the con
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Page 446 and 447: Personal Integrity & Dignity: The R
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Page 474 and 475: or injury. 308 • The Government o
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Page 488 and 489: encourage research on the causes, n
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Page 492 and 493: men; • The Government of Liberia
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financing of reasonable buffer stoc
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Section ix. recommendationS related
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the United States Government take t
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Asylee-Refugee Parity Liberian refu
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• The United States Government sh
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to ensure that Liberians are able t
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concluSion The Liberia TRC Diaspora
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Notes 1 An Act to Establish the Tru
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66 Convention on the Rights of the
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156 Id. Principle 15.2. 157 Convent
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231 by the Minnesota Lawyers Intern
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Principle 24(b). 287 Id. Principle
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nl/~mtrapman/xgasten/nizw/WHODeclar
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Commissions 31-32 (2006); U.N. Prin
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512
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514
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Bachelor of Arts in political scien
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518
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520
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II. Sources of International Law Ar
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Bill of Rights.” 27 In turn, this
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• to the highest attainable stand
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iv. Specific Application of Interna
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iii. The Convention against Torture
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D. Regional Human Rights Instrument
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(i.e., complaints) may also be sent
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due to the national emergency. In s
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Conventions I-IV that apply only in
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treaties include the Convention on
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• International Convention on the
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U.N.T.S. 171 [hereinafter ICCPR]; I
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114 Id. art. 25, 26. 115 Human Righ
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201 The date following the treaty o
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550
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552
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The Organization of African Unity (
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d. Asylum from Persecution The poli
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origin, fortune, birth or other sta
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Notes 1 u.s. Committee for refugees
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48 Id. art. 26. 49 1951 UN Refugee
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564
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566
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Standing Mediation Committee to bri
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May 2001 - U.N. Security Council re
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572
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574
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1. Background to the TRC 2. Designa
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Advisory Committee resources, Minne
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as stated herein, consistent with t
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C. Recommendations, if appropriate,
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584
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586
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588
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590
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that rich information about the dia
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governmental organizations, law fir
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596
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598
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Table 3. Participation of Statement
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602
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604
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Photo Legend Chapter One Page 1: TR
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Page 266: Ghana’s Atlantic coast.
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610
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A House with Two Rooms - The Advocates for Human Rights

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