Correcting President TaylorCorrecting President TaylorIn these trying times, we need to describe as clearly as we can, what it is that President Charles Taylor is doing wrong. Let’s start with the closures of the independent radio stations. We are the ones who need the independent radio broadcasts and the online news services that the Star Radio and other media outlet provided. That is only our need. That need may, however, not suffice as a reason for demanding that the facilities remain open, if such demand contravenes the law. Therefore the next question is, were the closures done according to the law?
That question was brought up by one of the last reporters to speak directly with President Charles Taylor. Taylor was asked why he did not seek court actions against the radio stations if he was so sure they were in breach of the law. Taylor replied that the manner in which the stations were operating was such a crime that it was more patriotic to stop the crime before going to the courts. That sounds like a decent thing to do – if we can agree that a crime was being committed. But we cannot seek such agreement by popular vote. It is the function of the courts to make such determination.
We will get to the nature of the crime, as Taylor perceived it. For now, it appears to me that President Taylor saw this "crime" coming for a while. In order words, he had time to go to court as a means of stopping the "crime" since it appears that the actions that he described as a crime spread over a period of time which conceivably spans the legal tenure of those news organizations. What I am trying to get at is that there was time to stop the so-called crime through the courts, and perhaps the only reason the courts were circumvented is that a crime could not be proven then or now.
Due process means that when a crime is alleged – especially when an action, such as an arrest, is taken in good faith to stop and record the possible crime – the court system must be involved at the earliest possible moment. To that end judges have been awaken in the middle of the night to review the possible issuance of search or arrest warrants. The judge does not leave the rubber stamp under the door mat for approving search and arrest warrants. The intent for involving another branch of the government in the pursuit of justice is to minimize the possibility that one branch or person could conceivably be blinded by his own zeal or prejudice and thereby deny a citizen his rights under the law. This is also called checks and balances.
Now, let’s apply this to the "crime" of broadcasting, as President Taylor perceived it. I am not even sure whether the Liberian ministry of justice was the agency that sought the closures and recommended an indictment against the operators of these facilities. I am still not certain that a written indictment was handed down. President Taylor seemed so bent on closing down these facilities that he is the only player on the attacking side. State functionaries such as judges and the justice ministry officials can barely catch their breath in trying to keep up with President Taylor. So they have not been able to play their usual role of retroactively applying the seal of approval to questionable actions by the over-active President Taylor.
The legislature is another organ with monitoring duty in the quest for justice. The lawmakers can have special sessions to prepare resolutions aimed at preventing abuse of power or urging restraint in a brewing conflict, or individual members can voice their opinions as a counterweight to an overbearing president. In the case of President Taylor however, all those with mandated constitutional duties to ensure justice seem mesmerized by his ability to fulfill all these otherwise disparate functions in obvious contempt for authorities that might limit his vengeful reach.
And this is exactly what happens in the absence of any determination by those entrusted with the duty of upholding the rights of the people. President Taylor says that the Star Radio will not be allowed on the airwaves as long as he is president of Liberia. That statement predicts and, in fact, guarantees the outcome of any court action that may be brought against the operators of the radio stations. So, do we still await some court action? We shouldn’t.
Now we have stepped into some uncharted territories. Does the Catholic Church have the right to close their own private schools to protest the closure of their radio station? I don’t think any constitution would have forecast this much intimidation and the resultant mass capitulation as we are witnessing. So what’s the point of still searching the pages of the Constitution for guidance? The Constitution will become relevant only when Taylor is out of our way. Taylor thinks we are stupid. But with every passing day of this kind of abuse, who can credibly argue that he is not right? – Tarty Teh [Washington, D.C., March 22, 2000]
Copyrighted © Tarty Teh 2000
