Gibril Massaquoi was a lieutenant colonel and spokesman for the inner circle of the Revolutionary United Front (RUF) during the Sierra Leone Civil War. He also served as an assistant to Foday Sankoh, the founder of the rebel group. Following his testimony at the Special Court for Sierra Leone (SCSL), Massaquoi and his family were granted asylum in Finland in 2008.
During the First Liberian Civil War in March 1991, fighting spilled over into neighboring Sierra Leone when the RUF invaded the country in an attempt to overthrow the government. Both civil wars in Liberia and Sierra Leone resulted in the deaths of hundreds of thousands of civilians. Characterized by widespread atrocities, reports detail instances of sexual violence, mass killings, amputations, torture, cannibalism, and the recruitment and use of child soldiers.
Impact on Rights Protected by the African Charter
The atrocities committed during the conflicts in Liberia and Sierra Leone directly violated several provisions enshrined in the African Charter on Human and Peoples’ Rights (ACHPR), also known as the Banjul Charter. Adopted in 1981, the Charter outlines fundamental rights that African states are obligated to respect and protect. Below are key rights impacted by these events:
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Right to Life (Article 4): The widespread killings and massacres in both countries blatantly violated the right to life. Reports documented entire villages being wiped out during military offensives.
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Prohibition of Torture and Inhuman Treatment (Article 5): Victims of the conflicts were subjected to torture, mutilations, and other forms of cruel, inhumane, and degrading treatment, including sexual violence and forced cannibalism.
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Rights of Women and Children (Article 18): The mass rape of women and the recruitment of child soldiers were significant violations of protections for vulnerable groups. The Charter explicitly calls for the protection of the rights of women and children.
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Right to Physical and Mental Health (Article 16): Physical mutilation and sexual violence left survivors with long-term physical and psychological scars, further undermining their right to health.
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Right to Freedom and Security (Article 6): Arbitrary detentions, forced labor, and kidnappings deprived civilians of their liberty and personal security.
Massaquoi’s Trial and Transitional Justice
Due to suspicions of his involvement in mass atrocities, Finnish authorities arrested Massaquoi on March 10, 2020. He was charged with crimes including murder, sexual violence (including aggravated rapes), recruitment and use of child soldiers, and aggravated violations of human rights during a state of emergency.
The trial began in Finland on February 1, 2021, and moved to Liberia for site visits between February 23 and April 7, 2021. Hearings continued in Sierra Leone in May 2021 before returning to Tampere, Finland, for final deliberations.
On February 16, 2022, Massaquoi was released from custody, followed by his acquittal on April 29, 2022, after the court found reasonable doubt regarding the accusations against him.
Legal Challenges and Gaps
Massaquoi’s acquittal underscores the challenges of prosecuting crimes of mass atrocities, particularly when evidence is difficult to verify due to the passage of time and political instability in post-conflict settings. His collaboration with the SCSL as a key informant helped secure convictions against others, including Charles Taylor, who was convicted of aiding and abetting war crimes in Sierra Leone. However, this collaboration shielded Massaquoi from prosecution in Sierra Leone despite allegations of involvement in abuses.
The Role of the African Human Rights Framework
The ACHPR remains a critical instrument in guiding post-conflict justice in Africa. The African Commission on Human and Peoples’ Rights has emphasized the need for accountability for gross human rights violations to ensure peace, reconciliation, and respect for human dignity. Prosecutions like Massaquoi’s are essential to signal that impunity will not be tolerated, even when suspects collaborate with international courts.
Continued advocacy for the application of human rights standards enshrined in the ACHPR is crucial for healing and justice in West Africa. Efforts must prioritize the rehabilitation of survivors and ongoing accountability for war crimes to prevent future violations.
