CommentaryPiper Hendricks [International Justice Project Director, World Organization for Human Rights USA]: "Last Friday, February 5, 2010, while preparing for what has been called the "snowpocalypse" here in Washington, DC, we at Human Rights USA learned that the Court in our civil case against Charles Taylor, Jr. ("Taylor Jr.") had awarded a total of $22.4 million in damages to our five clients for the atrocities they endured at the hands of Taylor Jr. and the Anti-Terrorism Unit (ATU) forces under his command. As we shared the exciting news with our clients, colleagues, and the media, we faced the question: "What does this decision mean? What does it mean to the plaintiffs — to the legal community — to potential defendants — and to the world?"
Allow me to address each of these questions in turn, after a quick practitioner's tip to any law students reading this commentary. As a lawyer, it is extremely important to ensure that your clients understand the implications of filing a lawsuit. To the fullest extent possible, your clients understand the potential risks and repercussions to them and potentially their families as well as the potential benefits. And where you have international clients who, naturally, may not be familiar with the American legal system, it is important to explain the time frame for filing, their role if the case goes to trial, the nature of a final judgment, and the process of enforcing a judgment. We have discussed the timeline of these events with our clients multiple times over the course of the case. So when we called last Friday with the news, our clients understood that the paper saying they were owed $22.4 million dollars did not mean they would have that money in their pockets come Monday morning.
For our clients, this order is a victory in and of itself. Throughout the case, our clients have understood there are two types of victories to be won: psychological victories and tangible victories. Having the courage to tell their stories and file the case in court was a major psychological victory for our clients. The opportunity to face Taylor Jr. in person or testify by video conference before the Court was also a significant psychological victory. And Friday's recognition by a United States entity of the egregious nature of the brutal acts our clients suffered at the hands of a US citizen and the lasting impact those acts have had was yet another psychological victory. As the order states, "Mr. Taylor's horrific and repeated actions, as detailed in the complaint and testified to by the plaintiffs, are a chilling example of man's inhumanity to man, to borrow a phrase from Robert Burns. Such actions, because they were designed to strip the plaintiffs of their humanity and dignity, deserve the strongest judicial condemnation […]."
Now that we have a tangible order, our next step is to turn it into a tangible victory. Any amount we are able to collect in enforcing the judgment can begin to cover the financial burdens our clients face because of Taylor Jr. and offer a better chance of making the most of the lives they now lead. Regardless of the results of recovery efforts, however, nothing will detract from the major psychological victories our clients are already celebrating.
For the legal community, this case provides additional precedent for cases brought under the Alien Torture Statute (ATS) and the Torture Victims Protection Act (TVPA). In Friday's order, Judge Jordan states that damages under both the ATS and TVPA should be determined by reference to federal law. The Court awarded both compensatory and punitive damages under these statutes and in significant sums, which courts in future cases will consult for reference.
To potential defendants — others who believe they could mistreat fellow humans in this manner and never be held accountable — this award will serve as a deterrent. Though some in this country may not have closely followed the cases against Taylor Jr., many in other countries did. As violent conflicts continue in other countries, including several in Africa, those who thought they could violate human rights with impunity are forced to rethink as the number of violators held accountable around the world continues to rise.
For the world, this case, like each case to address such brutal atrocities, strengthens the voice of the international community in condemning violations of human rights. With Friday's ruling, the United States says even more loudly — and potential violators hear even more clearly: "No! We will not tolerate disrespect for the life of fellow human beings. No! We will not allow torture or other forms of cruel treatment." Cases under the ATS and TVPA have addressed human rights violations in many parts of the world – from the Philippines and Peru to El Salvador and, now, Liberia. This ruling enforces the message that those who violate the rights of others will be held accountable.
African newspapers covered the criminal and civil cases against Taylor Jr. and their online comment boards remained active throughout both cases. An article on AllAfrica.com regarding the February 5 ruling prompted debate regarding the role of the United States courts in holding accountable a US citizen acting abroad and how quickly the plaintiffs would "wait before [they] see one penny." In response, "s.waylee" posted a comment that sums up the significance of this case more fittingly than anything else I have read. Copied verbatim, s.waylee wrote:
my brother, the victims got no problem waiting to be compensated even up to 20yrs but the fact that the court has reconised the many wickness taylor and his son carry out against innocent liberian have proved that there is justic in the world. the decision of the court is not only about money but it is a victory to every victims liberian anywehre in the world. brovo to america, brovo to icc and brovo to all peaceful liberian. let heaven bring peace unto us once again and never our children witness the pains of sorrow ever in our country history."
