WHEREAS, The objective and mandate of the TRC, as set forth in Article
IV, Sec 4 of the TRC Act of 2005, shall be to promote national peace, security,
unity and reconciliation; and
WHEREAS, Article VIII, of the TRC Act grants the TRC other functions
and powers necessary to fulfil its mandate; and
WHEREAS, Sub-section 27 of the aforesaid Article establishes the office of
the Special Magistrate and empowers the TRC to:
"...a) Gather, by means it deems appropriate, any information it considers
relevant, including the ability to request reports, record, documents or any
information from any source, including governmental authorities, and to compel
the production of such information as and when necessary..."
"The Special Magistrate shall:
(b)
(i)...shall issue or cause to be issued a warrant of search and seizure, warrant
of arrest for contempt, subpoenas, and citations to procure information and
testimonies in furtherance of the work of the TRC; to visit any establishment
or place without giving prior notice and to enter upon any land or premises for
any purpose which is material to the fulfillment of the TRC's mandate and in
particular, for the purpose of obtaining testimonies which may be vital to the
work of the TRC.
(ii)Shall conduct hearings for contempt of the Special Magistrate,
whilst contempt of the TRC itself shall be held before the Supreme Court of
Liberia in manner and form as contempt of the Supreme Court is conducted,
provided that appeals from the decisions and actions of the TRC do not operate as
a stay of any proceedings of the TRC.
(iii)Investigate and interview any individual, group or members of
organizations or institutions in public or private at the TRC's discretion,
including administering oaths during investigation for the taking and making of
statements, the falsity of which is punishable for perjury;
(iv)Compel attendance of any person before the TRC or any of its staff
for the purpose of assisting the TRC in the conduct of its work, and may
publish a warrant, subpoena, or citation after diligent efforts have been
exhausted to no avail in making a personal service; reasonable financial
allowances, at the discretion of the TRC, shall be made to facilitate the
attendance o f victims, perpetrators, witness, petitioners, informants or other
persons needed by the TRC in pursuit of its work; to call upon any person to
meet with the Commission or its staff, or to attend a session or hearing of the
TRC.
(v)Request information from the relevant authorities of foreign
countries and to gather information from victims, witnesses, government
officials and others in foreign countries;
Section 28. Any person who willfully obstructs or
otherwise interferes with the work of the TRC or any of its members or officers
in the discharge of their functions under this Act, commits an offence and
shall be liable upon conviction to a fine not less than US$300.00 and not more
than US$500.00 or its Liberian dollar equivalent for the first offence, a term
of imprisonment not less than six months or both fine and imprisonment
depending on the gravity of the offence.
THE TRC HEREBY DECLARES:
1.In consideration of the national reconciliation objectives of the
TRC, and the sound discretionary authority it enjoys, the Commission will spare
no effort utilizing persuasion and moral suasion, etc. to ensure the voluntary
compliance or attendance of witnesses to the TRC process.
2.The TRC will resort to the use of its compulsory process such as
subpoenas, warrants or arrest as a matter of last resort when all other efforts
shall have failed or where such compulsory process is the best option under the
circumstances.
PUBLISHED BY AUTHORITY OF THE TRC ON THIS 31st DAY OF MARCH, A.D. 2008
SIGNED:
Jerome J Verdier, Sr.(Cllr)
CHAIRMAN, TRC
