ECLI:NL:RBSGR:2006:AY5160 - Rechtbank 's-Gravenhage - Veroordeling voor illegale wapenleveranties en oorlogsmis...

Uitspraak

Judgment

DISTRICT COURT OF THE HAGUE

CRIMINAL LAW SECTION

THREE-JUDGE DIVISION

(SENTENCE)

Public Prosecutor's Office number 09/750001-05

The Hague, 07 June 2006

The District Court of The Hague, giving judgment in criminal proceedings, has delivered the following sentence in the criminal case of the public prosecutor against the defendant:

[defendant]

born in [place of birth] on [date of birth],

with no permanent home or address known in this country,

permanent address: [address],

at present detained at the Penal Institution Haaglanden, Penitentiary Complex Scheveningen,

Unit 2 in The Hague.

1. The court hearing.

The hearing took place during the court sessions of 01 July 2005, 29 September 2005, 23 December 2005, 17 March 2006, 24 April 2006, 25 April 2006, 26 April 2006, 27 April 2006, 28 April 2006, 01 May 2006, 02 May 2006, 03 May 2006, 04 May 2006, 08 May 2006, 10 May 2006, 11 May 2006, 12 May 2006, 24 May 2006 and 07 June 2006.

The defendant, represented by defense counselors, mr. I.N. Weski, mr. L.C. van Walree and mr. F.J.E. Hogewind, lawyers in Rotterdam, appeared in court and was examined at the hearing, with the exception of 24 May 2006.

Based on the charges on the writ of summons under count 1A principle charge, 2A principle charge, 3A principle charge, 4 and 5, the public prosecutors mr. T. Polescuk and mr. J.J.A. Lucas demanded the defendant to be sentenced to a prison sentence of 20 years, less the period spent in pre-trial detention, and a fine of EUR 450,000.00, alternatively a prison sentence of 1 year, based on the charges on the writ of summons under counts 4 and 5.

Furthermore, in accordance with the list of seized and not returned items that were seized from the defendant and numbered 1 through 54 - to be named hereafter seizure list, a copy of which has been included in this sentence - the public prosecutors demanded these items be returned to the defendant.

The public prosecutors also announced their intention to commence proceedings in due time to demand for a confiscation order as referred to in article 36e of the Penal Code.

2. The indictment.

After a further description of the indictment was given at the court hearing of 17 March 2006 - pursuant to article 314a of the Code of Criminal Procedure - the defendant was accused of the charges as mentioned below.

COUNT 1A

that he, at (one) (or more) points in time in or around 1 December 2000 through 1 March 2001, at least in the year 2000 and/or 2001, and/or (also) in or around the period from 1 January 2002 through 31 December 2002, in Gueckedou, at least in Guinea, together and in conjunction with (an) other(s)

(each time) violated the laws and practices of war,

while from that offense/those offenses (each time) death or severe bodily harm of (an) other(s) was to be feared and/or

that offense/those offenses (each time) involved inhuman treatment and/or

that offense/those offenses (each time) involved looting and/or

while that offense/those offenses (each time) resulted in the death of (an) other(s)

and/or

that offense/those offenses (each time) involved rape and/or

that offense/those offenses (each time) resulted in severe bodily harm of (an) other(s)

and/or

that offense/those offenses (each time) involved acts of violence with united forces against one (or more) person(s) or acts of violence against a dead, sick or wounded person,

which implies that he, the defendant, (as) president of Oriental Timber Company and/or owner and/or director of Royal Timber Company, and/or (one or more) of his co-perpetrator(s), being Charles Taylor and/or [P1] (alias [alias P1]) and/or [P2] and/or [P3] and/or [P4] and/or [P5] and/or [P6] and/or [P7] and/or [P8] and/or (one or more) other(s) (person(s) who has/have remained unknown until the present) then and there (each time)

contrary to international common law (in particular the common law ban on attacks carried out without making any distinction between soldiers or civilians) and/or torture and/or inhuman treatment and/or rape and/or looting and/or acts of violence with regard to (a) civilian(s) and/or personnel of the armed forces that had laid down arms and/or (a) person(s) who had been put out of action by imprisonment or another cause) and/or

the stipulations set out in the article 130 of the Geneva Convention on the Treatment of Prisoners of War ("Third Geneva Convention" 1949) and/or

the stipulations set out in the "common" article 3 of the Geneva Conventions dated August 12, 1949,

as (a) member(s) of and/or participant(s) to, at least belonging to, one of the combating parties in an (international or non-international) armed conflict on the territory of Liberia and/or Guinea

(repeatedly) committed an attack on someone’s life and/or physical violence, at least mutilation and/or cruel (inhuman) treatment and/or torture and/or rape, and/or looting, with regard to (one) (or more) person(s) who were (at that time) not (no longer) directly participating in the hostilities (being (a) civilian(s) and/or personnel of the armed forces that had laid down arms and/or he/she who had been put out of action by imprisonment or another cause),

attack(s) on someone’s life and/or physical violence, at least mutilation and/or cruel (inhuman) treatment and/or torture and/or rape and/or looting, which (among other matters) implied that the aforesaid member(s), at least the afore-mentioned person(s), together and in conjunction with others, (each time) deliberately,

- by using AK 47's (Automat Kalashnikov 47) and/or RPG's (Ruchnoi Protivotankovye Granatamy, also referred to as Rocket Propelled Grenade or Russian Powerful Gun) and/or one or more GMG's (General Machine Gun) and/or mortars and/or other fire weapons, fired (at random) at the town of Gueckedou, without making any distinction between soldiers of civilians, while knowing that this (type of) attack(s) would cause excessive loss of human lives, injuries of civilians and/or damages to civilian targets and/or

- aimed and/or fired at (one) (or more) civilian(s) and/or personnel of the armed forces that had laid down arms and/or he/she who had been put out of action by imprisonment or another cause and/or

- set fire to (a) house(s) where (one) (or more) civilian(s) and/or personnel of the armed forces that had laid down arms and/or he/she who had been put out of action by imprisonment or another cause were still staying and/or

- cut off the head(s) of three, at least one or more civilian(s) and/or (members) (of) (the) personnel of the armed forces that had laid down arms and/or he/she who had been put out of action by imprisonment or another cause and/or (subsequently) threw (one) (or more) baby/babies against walls and/or threw (one) (or more) baby/babies into wells and/or

- forced (one) (or more) civilian(s) and/or personnel of the armed forces that had laid down arms and/or he/she who had been put out of action by imprisonment or another cause to gather in (one) (their) house(s) and/or (subsequently) threw (a) grenade(s) inside

as a consequence of which the afore-mentioned civilians and/or personnel of the armed forces that had laid down arms and/or he/she who had been put out of action by imprisonment or another cause died and/or experienced (severe) bodily harm and/or

- raped (a) woman/women and/or (a) child/children

and/or

- plundered possessions of (one) (or more) civilian(s) and/or personnel of the armed forces that had laid down arms and/or he/she who had been put out of action by imprisonment or another cause and/or (of) (members of) the armed forces;

(Article 8 Criminal Law in Wartime Act)

alternatively, as far as the above might or could not lead to a conviction:

that Charles Taylor and/or [P1] (alias [alias P1]) and/or [P2] and/or [P3] and/or [P4] and/or [P5] and/or [P6] and/or [P7] and/or [P8] (one or more) other(s) (person(s) who has/have remained unknown until the present)

at (one) (or more) points in time in or around the period of 1 December 2000 through 1 March 2001, at least in the year 2000 and/or 2001, and/or (also) in or around the period from 1 January 2002 through 31 December 2002, in Gueckedou, at least in Guinea, together and in conjunction with (an) other(s), at least alone

(each time) violated the laws and practices of war,

while from that offense/those offenses (each time) death or severe bodily harm of (an) other(s) was to be feared and/or

that offense/those offenses (each time) involved inhuman treatment and/or

that offense/those offenses (each time) involved looting and/or

while that offense/those offenses (each time) resulted in the death of (an) other(s) and/or

that offense/those offenses (each time) involved rape and/or

that offense/those offenses (each time) resulted in severe bodily harm of (an) other(s) and/or

that offense/those offenses (each time) involved acts of violence with united forces against one (or more) person(s) or acts of violence against a dead, sick or wounded person,

which implies that Charles Taylor and/or [P1] (alias [alias P1]) and/or [P2] and/or [P3] and/or [P4] and/or [P5] and/or [P6] and/or [P7] and/or [P8] (one or more) other(s) (person(s) who has/have remained unknown until the present) then and there (each time)

the stipulations set out in the article 130 of the Geneva Convention on the Treatment of Prisoners of War ("Third Geneva Convention" 1949) and/or

the stipulations set out in the "common" article 3 of the Geneva Conventions dated August 12, 1949,

as (a) member(s) of and/or participant(s) to, at least belonging to, one of the combating parties in an (international or non-international) armed conflict on the territory of Liberia and/or Guinea

(repeatedly) committed an attack on someone's life and/or physical violence, at least mutilation and/or cruel (inhuman) treatment and/or torture and/or rape, and/or looting, with regard to (one) (or more) person(s) who were (at that time) not (no longer) directly participating in the hostilities (being (a) civilian(s) and/or personnel of the armed forces that had laid down arms and/or he/she who had been put out of action by imprisonment or another cause),

- aimed and/or fired at (one) (or more) civilian(s) and/or personnel of the armed forces that had laid down arms and/or he/she who had been put out of action by imprisonment or another cause and/or

- raped (a) woman/women and/or (a) child/children

and/or

the above mentioned crime(s)

were deliberately abetted (each time) in or around the period from 1 January 1999 through 31 December 2002 in Buchanan and/or Monrovia and/or (in) Lofa County and/or (elsewhere) in Liberia and/or in Gueckedou, at least in Guinea

by the defendant, together or in conjunction with (an) other(s), at least alone, by means of gifts and/or promises and/or abuse of authority and/or violence and/or threat and/or deception and/or by providing the occasion and/or means and/or information,

which implies that he, the defendant, (as) president of Oriental Timber Company and/or owner and/or director of Royal Timber Company, and/or his co-perpetrator(s), then and there (each time) intentionally

- sold and/or supplied (a load of) weapons, being one or more AK-47's (Automat Kalashnikov 47) and/or one or more RPG's (Ruchnoi Protivotankovye Granatamy, also referred to as Rocket Propelled Grenade or Russian Powerful Gun) and/or one or more GMG's (General Machine Gun) and/or ammunition that belonged to the above mentioned arms, and/or mortars to Charles Taylor and/or the government of Liberia and/or (its) armed forces, at least to armed forces active in Liberia, and/or

- placed his/their (own) staff member(s) employed by the companies Oriental Timber Company (OTC) and/or Royal Timber Company (RTC) at the disposal of the (armed) conflict and (subsequently) deliberately let them join in the fight with their (own) weapons and/or ammunition (being one or more AK-47’s and/or one or more RPG's and/or one or more GMG’s and/or one or more mortars) (obtained) from OTC and/or RTC, and/or

- threatened to dismiss or suspend (indefinitely) his/their (own) staff member(s) employed by the companies Oriental Timber Company (OTC) and/or Royal Timber Company (RTC) if this/these staff member(s) refused to participate in the (armed) conflict and/or

- placed one (or more) helicopter(s) and/or (a) truck(s) and/or (a) (pick-up) truck(s), at least one or more vehicles, at the disposal of Charles Taylor and/or the government of Liberia and/or (its) armed forces, for the benefit of the transport of armed forces and/or weapons and/or ammunition and/or food and/or clothing and/or uniforms, at least goods for use by the (armed) conflict and/or combatants, and/or

- placed a RTC camp, in any case a (meeting) place, at the disposal of Charles Taylor and/or the government of Liberia and/or (its) armed forces, at least to armed forces active in Liberia, and/or

- supplied and/or gave money and/or cigarettes and/or marihuana, at least (a) controlled drug(s) to the members of the armed forces of Charles Taylor and/or (of) (the government of) Liberia and/or to the staff members of OTC and/or RTC who were put at their disposal for the purpose of the conflict, at least to the armed forces active in Liberia, and/or

- given (an) instruction(s) and/or (an) order(s) with regard to the use of (heavy) weapons and/or battle methods to the members of the armed forces of Charles Taylor and/or (of) (the government of) Liberia and/or to the staff members of OTC and/or RTC who were put at their disposal for the purpose of the conflict, at least to the armed forces active in Liberia, which instruction(s) or order(s) implied (among other matters) that heavy weapons had to be used and/or that in the shortest possible time as much as possible should be destroyed (also expressed by the phrase "enter, destroy and escape") and or that nobody should be left alive (also expressed by the phrase "no baby on target") and/or to set fire to houses and/or to order the armed forces to plunder anything they wanted;

(Article 8 Criminal Law in Wartime Act in conjunction with article 47 of the Penal Code)

More alternatively, as far as the above might or could not lead to a conviction: