The son of former Liberian leader Charles Taylor has gone on trial in the US. Prosecutors say Charles “Chuckie Taylor Junior led a unit that tortured and executed government opponents in Liberia between l999 and 2003. The case is the first test of a US law that allows prosecution of citizens who commit torture overseas. Charles "Chuckie" Taylor, Junior was born while his father was living in Massachusetts, Chuckie Taylor is a United States (US) citizen. He spent much of his youth in the United States, joining his father in Liberia after his father won the 1997 presidential elections.
Shortly after Charles Taylor, Sr. took office, he established the Anti-Terrorist Unit (ATU), an elite pro-government military unit. Taylor, Senior appointed Chuckie Taylor to head the unit, which he did throughout most of his father's presidency, from 1997 to 2003.
Taylor, Senior is currently on trial in The Hague, charged with war crimes and crimes against humanity committed in neighboring Sierra Leone. It is the first international war crimes trial of an African president and is being conducted by the United Nations-backed Special Court for Sierra Leone. The charges against Taylor are based on his alleged role as a major backer of rebel forces in Sierra Leone and on his alleged responsibility for Liberian forces fighting in support of the Sierra Leonean rebels.
How did Chuckie Taylor come to be indicted by the US Department of Justice for torture committed in Liberia?
Chuckie Taylor was taken into US custody on March 30, 2006 after attempting to enter the United States from Trinidad at Miami International Airport. This was the day after his father was surrendered for trial to the Special Court for Sierra Leone.
Taylor, Jr. was initially charged with using a US passport obtained through false statements, namely lying about his father's identity. In September 2006, Chuckie Taylor pleaded guilty to the passport violation. He was scheduled to be sentenced on December 7, 2006, which could have led to his release soon thereafter. One day prior to the sentencing, however, he was indicted on torture charges.
With Chuckie Taylor in US custody, Human Rights Watch and other human rights organizations called for an investigation with a view to his prosecution for torture and war crimes committed in Liberia. This request was made because an investigation was believed to be not only crucial for victims in Liberia, but also necessary to demonstrate the US commitment to apply laws prohibiting human rights violations committed abroad. Human Rights Watch also submitted a memorandum to the Department of Justice regarding serious abuses in which Chuckie Taylor is implicated to underscore the need for an investigation.
What is the law under which Chuckie Taylor is being prosecuted?
The US federal extraterritorial torture statute, 18 USC § 2340A, makes it a crime for US citizens or anyone present in the United States, regardless of whether they are a US citizen, to commit torture abroad, or to attempt or conspire to commit torture abroad. The law applies regardless of the nationality of the victim. Penalties can be a fine and/or imprisonment of up to 20 years, or if the victim dies as a result of the torture, imprisonment for a term of years, life imprisonment, or death. Life imprisonment is the maximum penalty sought in the prosecution of Chuckie Taylor for torture.
The extraterritorial torture statute, which has been unique in its jurisdictional reach, was passed in 1994 to implement US obligations as a state party to the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. In 2007, however, federal law with regard to genocide was amended to enable the government to bring charges against any person in the United States no matter where the genocide took place. A law criminalizing the recruitment of child soldiers in similar circumstances also has been proposed and has received support, although it has not yet been passed.
Despite the extraterritorial torture law's passage over fourteen years ago, Chuckie Taylor's trial is the first prosecution under the law.
What are the charges against Chuckie Taylor?
Chuckie Taylor is indicted for torture committed in Liberia while he headed the ATU. The original indictment charged Taylor with one count of torture and one count of conspiracy to torture under 18 USC § 2340A (see question three for a description of this law), and one count of using a firearm during the commission of a violent crime under 18 USC § 924. While this indictment was based on the alleged torture of a single victim, six more victims have been added in superseding indictments. The most recent indictment, issued in November 2007, charges Chuckie Taylor with five counts of torture, one count of conspiracy to torture, one count of using a firearm during a violent crime, and one count of conspiracy to use a firearm during a violent crime.
The nineteen-page November 2007 indictment details a range of specific incidents of torture in support of the charges, a number of which allegedly took place at an ATU base in Gbatala, Liberia. The allegations include that between 1999 and 2003, Chuckie Taylor either committed, or attempted or conspired to commit: executions; beatings; imprisoning a group of individuals in a hole in the ground; burning victims with cigarettes, molten plastic, wax, an iron, and scalding water; mutilating victims' genitals and other body parts; and shocking victims with an electrical device.
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