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 VII, Section 26 of the TRC Act grants the TRC general
functions and powers necessary to fulfil its mandate; and
WHEREAS, Sub-section 26(g) thereof provides that the TRC shall recommend
"...amnesty under terms and conditions established by the TRC upon application of
individual persons making full disclosure of their wrongs and thereby
expressing remorse for their acts and/or omissions, whether as an accomplice or
a perpetrator, provided that amnesty or exoneration shall not apply to
violations of international humanitarian law and crimes against humanity in
conformity with international laws and standards;" and
WHEREAS, Sub-section 26(j) thereof, authorizes the TRC to make
recommendations to the Head of State with regard to:
"i. Reparations and rehabilitation of victims and perpetrators in need
of specialized psychosocial and other rehabilitative services;
ii.Legal, institutional and other reforms;
iii.The need for continuing investigations and inquiries into particular
matters at the discretion of the TRC; and
iv.The need to hold prosecutions in particular cases as the TRC deems
appropriate;"
THE TRC HEREBY DECLARES:
1.Recommendation for amnesty will be made only in favor of an
individual or group of persons for any act, wrong or crime committed between
the period 1979 and October 2003 or before, upon request and upon the making of
full and truthful disclosure of all material fact, in expression of remorse,
pertaining to the act, wrong or crime for which amnesty is sought or pertaining
to the actions, deeds or activities of the individual during the period 1979 to
2003 or any preceding period in Liberian history as the TRC is mandated to
cover.
2.Recommendations for reparation will not be individual-driven. It
will target a whole community, village, town, district, county, institution or
a group of individuals. Reparations will be considered only in extreme cases of
individual need, within the exclusive discretion and wisdom of the Commission,
for physical, health, mental, psychosocial and other rehabilitative services
and needs without which a reasonably normal life will not be possible.
3.Prosecution and other justice mechanisms will be recommended for all
individuals who by commission or omission committed acts, wrongs and crimes
amounting to violations of human rights, including violations of international humanitarian
laws, international human rights law and crimes against humanity as determined
by the Commission.
4."Individuals" as used above shall apply to all persons who committed
the aforesaid acts; who directly or indirectly aided and abetted the commission
of the said acts, as well as those who exercised leadership in commanding, and
authoritative positions in administration, in the field, on the battle front or
in policy and strategy board rooms; all persons who by the proper exercise of
their legal, moral, political, financial support, authority and influence alone
or in concert with others as a single unit or group, warring faction, military
or political grouping, etc. could have exposed, condemn, decry, prevented or
arrested the human carnage and economic crimes in Liberia from 1979 to 2003 and
during any preceding period relevant to the TRC mandate, but neglected to do
so.
5.The TRC will recommend prosecution for any individual fitting the
above categorization who knowingly ignores or disregards the TRC process, is in
contempt of the TRC, exhibits an impenitent, haughty and unremorseful posture,
and thereby manifesting insensitivity to the national cravings for national
reconciliation and healing, and to the need for accounting and ownership for
ones past deeds to build a new society founded on justice and the rule of law
to forever combat impunity in Liberia.
PUBLISHED BY AUTHORITY OF THE TRC ON THIS 31ST DAY OF MARCH A.D. 2008
SIGNED:
Jerome J Verdier, Sr
CHAIRMAN, TRC
