Controversy Erupts Over Appointment of Cllr. Massaquoi as Executive Director of War and Economic Crimes Court Office

MONROVIA – The appointment of Cllr. Jonathan Massaquoi as Executive Director of the Office for the Establishment of War and Economic Crimes Court has sparked controversy due to his prior legal representations of war crimes indictees. He is also accused of filing lawsuits against human rights defenders and institutions advocating for justice and the court’s establishment.

Created through Executive Order 131 on May 2, 2024, the Office for the Establishment of War and Economic Crimes Court is tasked with creating the eventual court “in harmony with international models that have been used for similar trials of war crimes.” The office will also “liaise with international partners” to source funding for the court.

Over the weekend, the Coalition for the Establishment of War and Economic Crimes Court in Liberia (CEWAECCL) and the Human Rights Community of Liberia issued a press statement expressing their deep concern over Cllr. Massaquoi’s appointment. According to the war and economic crimes court advocates and human rights defenders, Cllr. Massaquoi’s past legal representation of individuals accused of war crimes, including Madam Agnes Reeves Taylor and Sierra Leonean national Gebril Massaquoi, raises serious ethical and moral questions about his ability to lead a court tasked with bringing justice to victims and survivors of Liberia’s civil wars.

Madam Agnes Reeves Taylor, wife of former Liberian President Charles G. Taylor, faced charges in the UK for alleged war crimes committed during Liberia’s civil conflicts. Cllr. Massaquoi served as her legal counsel during these proceedings. Additionally, he represented Gebril Massaquoi, accused of atrocities in Liberia, in a Finnish court. The coalition and human rights groups argue that his role in defending these individuals contradicts the interests of justice and the pursuit of accountability for wartime atrocities.

“Cllr. Massaquoi, representing Madam Agnes Reeves Taylor, instituted multiple lawsuits against human rights defenders, institutions, and people who have been genuinely fighting for the establishment of the war crimes court for many years,” stated the release signed by Adama Dempster, a human rights and justice campaigner.

The release further stated: “The coalition and the human rights community wish to raise these concerns in the interest of truth and justice on the grounds that a man who represents the interest of alleged perpetrators of gross human rights violations and war crimes against the victims and survivors of the same atrocities cannot at the same time represent them in the same jurisdiction.”

The coalition and the human rights community stated that they were also taken aback by the “rushed endorsement” of Cllr. Jonathan Massaquoi’s appointment by US Congressman Chris Smith. “The coalition and human rights community wish to state that while Liberia seeks further US government support to end the culture of impunity, the coalition believes Congressman Chris Smith’s neutrality will further support accountability and promote the rule of law,” they stated.

The human rights coalition expressed dismay that despite civil society organizations being considered as the moral guarantors with the responsibility to monitor and campaign for the full implementation of the report, they were not consulted by the President before making the crucial decision on the appointment. “The coalition and human rights community believe this appointment comes with deep controversy; as such, the President should rescind this appointment and call for a stakeholders dialogue to show his openness and good intentions going forward in the interest of truth, justice, and national healing,” they added.

Cllr. Massaquoi’s Response

In response to these criticisms, the Office of the War and Economic Crimes Court of Liberia defended Cllr. Massaquoi’s appointment, citing constitutional protections regarding the right to legal counsel and the non-interference in lawyer-client relationships. They argued that Cllr. Massaquoi’s past representations do not disqualify him from serving in a public capacity, highlighting international precedents where defense attorneys have transitioned into high-profile legal roles without controversy.

The Office reaffirmed Cllr. Massaquoi’s integrity and professionalism over his fifteen-year legal career, asserting his commitment to upholding ethical standards in his new role. They expressed readiness to engage with civil society organizations genuinely committed to accountability and the rule of law in Liberia.

The Office noted that the claim by the war and economic crimes court advocates and human ritghts defenders contradicts Article 21 (i) of the Constitution.

“Today, we hear Human Rights Advocates, who should be moral guarantors of the Constitution of Liberia in the protection of the fundamental rights of all citizens, including the right to equal opportunity for work and employment, and not only Accra Peace Accord of 2003, petitioning the Government of Liberia to openly violate Article 21 (1) only because of self-aggrandizement and appeasement, and not on the merit of any moral and ethical breach,” the Office stated.