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B N W: Biafra Nigeria World News |
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ECOWAS court may try Charles Taylor
THE Community Court of Justice of the Economic Community of West African States (ECOWAS) yesterday in Abuja indicated its readiness to try ex-President Charles Taylor of Liberia if any Liberian or any national of the West African sub-region files applications in the court.
Such applications would be on the roles played by the former president during his rule in Liberia and in the several conflicts within the sub-region.
Speaking at the beginning of the court's new legal year at its Abuja premises, the president of the court, Justice Hansine Donli, stated:
"Apart from the fact that the court was established to adjudicate on basic principles of the rule of law, generally, the protocols and the Treaty of ECOWAS stated clearly that the Community is enjoined to ensure that the rights of the people are safeguarded according to the provisions of the African Charter on Human Rights.
"Therefore, anywhere there are established breaches against a particular former president, anyone can seek redress".
Justice Donli did not say whether the protocol establishing the court allows for the trial of individuals for war crimes.
However, she said such applications could be filed in the court after a ratification of the decision of ECOWAS Council of Ministers by the Heads of States and Governments of the 15-member countries during the ECOWAS Summit held usually between November and December.
"The court plays a dual role in the adjudication of matters before it. Its competence is either to determine contentious matters or consultative, by way of advisory opinion as provided by Articles 9 and 10 of the ECOWAS Protocol", she said.
Earlier in July, the ECOWAS Council of Ministers, at its 52nd session, endorsed the expansion of the powers of the court to allow individuals direct access of litigation in the sub-regional court as against the earlier position of mandating member states to file suit to the court on behalf of their citizens.
She said: "Furthermore, going by Article 10 of the Protocol, the court expresses legal questions
relating to the interpretation of the provisions of the Treaty. Audience before the Court is only opened to the institutions and member states that may institute contentious cases in the court and individuals through their states.
"Presently, the protocol is going through a comprehensive review which aims at institutionalising direct access of individual to the court, thereby broaden its competence to include cases of human rights violation and provide for the execution of the court's decisions.
"Approved by the ECOWAS Council of Ministers during its 52nd ordinary session, this draft will be adopted by the authority of Heads of States and Government during the next ECOWAS Summit."
She added: "The adoption of the draft of the decision of the Council of Ministers will mark a turning point in the evolution of the Court by conferring on it the possibility of playing an important role in the West African integration process".
The president, who added that the current legal year is due to end on July 15, 2005, charged its staff to work tirelessly towards achieving excellence as all acts of indiscipline would not be condoned.
"We must all aim at achieving excellence. We are here to see to it that the rule of law prevails. This is the most appropriate channel for the people of the sub-region to ventilate whatever grievances they have within their member countries. They are not supposed to go to war among themselves", she stated.
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