ECOWAS Court Postpones Historic Hearing of Lutheran Church Massacre Case After Liberian Gov. Asked for More Time To “Prepare” May 31, 2024 CRIME WATCH

ECOWAS Court Postpones Historic Hearing of Lutheran Church Massacre Case After Liberian Gov. Asked for More Time To “Prepare” May 31, 2024 CRIME WATCH The 1990 St. Peter’s Lutheran Church Massacre is among the brutal killings of Liberia’s civil wars. MONROVIA – A historic trial between survivors of the infamous St. Peter’s Church massacre and the Liberian government at the ECOWAS Community Court of Justice in Abuja, Nigeria, has been postponed after the Liberian government requested more time to prepare for the case.

This marks the third postponement on the government’s request, following previous delays in November 2022 and January 2023. Due to its late response to the survivors' allegations through their lawyers last February, the court granted the government's request for additional time. As the government faces backlash, Cllr. Augustine C. Fayiah, Liberia’s new Solicitor General, justified their latest request by informing the court via a virtual hearing that he and other state lawyers had just assumed their duties following personnel changes at the Justice Ministry by President Joseph Boakai. Cllr. Fayiah stated that they had not yet familiarized themselves with the case.

“We inherited the case just about two days ago,” said Cllr. Fayiah, accompanied by Cllrs. J. Adolphus D. Karnuah and Joel E. Theoway, the other new government lawyers. “And so, we thought that we should read the case file, familiarize ourselves with the facts, and prepare to appear before your honors.” However, Natalie Reid, the lead lawyer for the four massacre victims challenging the government, objected to the request.

“The Republic has had ample time to prepare their oral submission to the court,” said Reid. “This hearing has been rescheduled multiple times. The honorable counsel for the respondent was appointed months ago. Therefore, the applicants will not consent to the adjournment request.” Justice Edward Amoako Asate, President of the court, overruled Reid’s objection. “As much as we agree that your clients have waited long and the file has been with the Attorney General’s department, it is only fair to allow new counsel to familiarize themselves with the case,” said President Asate. “So, we are granting the request and adjourning the matter to the 2nd of July for hearing.” Adama Dempster, a pro-justice advocate, criticized the Liberian government for its lack of preparedness.

“These postponements show the Liberian government’s unreadiness to respond to war crimes-related cases outside of Liberia,” said Dempster. This marks the first time a Liberian government has been sued over human rights abuses during either of the country’s two civil wars (1989-2003). The suit is also the first against the government related to the massacre, where over 600 people were brutally killed 34 years ago. Only one person, Moses Thomas, a former commander for the Special Anti-Terrorist Unit (SATU), has been held accountable, albeit civilly, by the U.S. District Court for the Eastern District of Pennsylvania in 2022. He was ordered to pay $84 million, a judgment he has since questioned.

The massacre survivors and victims are represented at the ECOWAS Court by U.S. justice advocates, including the Center for Justice and Accountability, the Institute for Human Rights and Development in Africa (IHRDA), the U.S. law firm Debevoise & Plimpton, the Liberian-based Global Justice and Research Project, and the San Francisco-based legal team. Reid previously told the court that the victims had waited long for justice, accusing the government of failing to investigate and prosecute the massacre’s perpetrators.

“The victims, survivors, and families of the Lutheran church massacre deserve justice,” said Reid. “We are here because, for nearly 34 years, Liberia has failed to investigate one of the worst atrocities of the civil war, prosecute the perpetrators, and provide redress to victims.” The hearing coincides with President Boakai's recent executive order to establish an office for war and economic crimes courts. A search for the office head is underway, with presidential secretary Kula Fofana stating that work is progressing behind the scenes and that the president would soon act on the matter. Experts note the significance of the Lutheran church massacre trial, as it aligns with Liberia’s ongoing efforts toward justice.

“This case is no different from other war-related crimes cases being considered for prosecution if a war crimes court is established in Liberia,” said Dempster. “Given the current efforts to establish a war crimes court, it would be more efficient to handle these cases rather than expending much energy at the ECOWAS court.” Dempster urged President Boakai to expedite the office setup, emphasizing the extensive work needed to establish the court.