A House with Two Rooms - The Advocates for Human Rights

Amnesty
for Sierra Leone’s statute to grant it jurisdiction over crimes committed in Liberia
during the conflict, and using International Criminal Court facilities as a more secure
mechanism to try perpetrators, as in the case of Charles Taylor.
• The Government of Liberia must ensure that any grants of amnesty do not benefit perpetrators
who violated international humanitarian law or who committed crimes against humanity, as
specified in the TRC Act. 285
• The process for requesting and the criteria for granting amnesty should be developed in
consultation with civil society and victims groups. Criteria should be transparent and widely
disseminated in a form that is accessible to all Liberians.
• The Government of Liberia must ensure that any grants of amnesty or clemency do not
prejudice victims’ right to reparation or the right to know. 286
Vetting
• The Government of Liberia must ensure
that public officials and employees who
are personally responsible for violations of
human rights do not continue to serve in state
institutions. 287 A vetting process is particularly
important given that many individuals who
participated in human rights violations may
not realistically be subject to prosecution.
• The Government of Liberia must ensure that
persons formally charged with individual responsibility for serious crimes under international
law are suspended from official duties during criminal or disciplinary proceedings. 288
• In undertaking vetting processes, the Government of Liberia should prioritize personnel
reform in the military, law enforcement, intelligence services, the judiciary, and other
institutions that are designed to uphold the rule of law. 289 Because vetting processes are
already under way with regard to the military and police, attention should rapidly focus on
the judiciary and the legislature.
• Any vetting process for government office holders and personnel should be carried out under
a legal mandate, be individualized, guarantee fundamental due process of law, involve a fair
hearing, utilize a preponderance of the evidence standard, and entail a right to appeal. 290 In
any vetting process, a preliminary assessment of whether an individual was appointed in
accordance with law should be undertaken, as that determination may eliminate the need
for a vetting process because individuals who were illegally appointed can be immediately
451
Chapter Fourteen
Potential Implementation Strategy: Vetting
Because of the deep divisions in Liberian
society, the widespread involvement in
conflict activities, and the fundamental lack
of civic trust, it may be useful to engage a
non-Liberian entity to implement a vetting
process.