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| Film producer mounts legal challenge over Charles Taylor interview | Film producer mounts legal challenge over Charles Taylor interview |
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| A documentary film company is preparing to mount a legal challenge against the government’s refusal to allow Charles Taylor, the convicted former Liberian president who is serving a 50-year war crimes sentence in a British jail, to give an interview. | A documentary film company is preparing to mount a legal challenge against the government’s refusal to allow Charles Taylor, the convicted former Liberian president who is serving a 50-year war crimes sentence in a British jail, to give an interview. |
| The formal application by Spirit Level Film to subject Taylor to an on-camera interrogation about his political career highlights the strict regulations limiting access to inmates and raises questions about what constitutes legitimate public interest in such a notorious figure. | The formal application by Spirit Level Film to subject Taylor to an on-camera interrogation about his political career highlights the strict regulations limiting access to inmates and raises questions about what constitutes legitimate public interest in such a notorious figure. |
| The Ministry of Justice (MoJ) refused to allow the face-to-face interview to go ahead on the grounds that visits from the media are only permitted in “exceptional circumstances”, that the interview is not aimed at highlighting a miscarriage of justice and that the public interest grounds are not satisfied. | The Ministry of Justice (MoJ) refused to allow the face-to-face interview to go ahead on the grounds that visits from the media are only permitted in “exceptional circumstances”, that the interview is not aimed at highlighting a miscarriage of justice and that the public interest grounds are not satisfied. |
| Taylor, who pleaded not guilty to all 11 charges on his indictment, was convicted by the United Nations-backed special court for Sierra Leone, which was established to deal with the aftermath of the country’s decade-long civil war. | Taylor, who pleaded not guilty to all 11 charges on his indictment, was convicted by the United Nations-backed special court for Sierra Leone, which was established to deal with the aftermath of the country’s decade-long civil war. |
| Although president of neighbouring Liberia, he was found guilty in 2012 of aiding and abetting war crimes and crimes against humanity through support for rebels who carried out multiple atrocities, including amputations and beheadings, in Sierra Leone. | Although president of neighbouring Liberia, he was found guilty in 2012 of aiding and abetting war crimes and crimes against humanity through support for rebels who carried out multiple atrocities, including amputations and beheadings, in Sierra Leone. |
| The court was told that Taylor received “blood diamonds” in return for channeling weapons to the rebel Revolutionary United Front (RUF) and other factions. In the course of the trial, the British model Naomi Campbell and American actor Mia Farrow were called as witnesses by the prosecution. | The court was told that Taylor received “blood diamonds” in return for channeling weapons to the rebel Revolutionary United Front (RUF) and other factions. In the course of the trial, the British model Naomi Campbell and American actor Mia Farrow were called as witnesses by the prosecution. |
| Before Taylor’s trial, the UK agreed to incarcerate Taylor, if he was convicted, under an agreement with Holland and a number of west African states. | Before Taylor’s trial, the UK agreed to incarcerate Taylor, if he was convicted, under an agreement with Holland and a number of west African states. |
| Following an unsuccessful appeal against conviction, Taylor arrived in the UK late last year. Now aged 66, he is only the second former head of state to have faced judgment in an international court on war crimes charges; the previous occasion was when judges at Nuremberg convicted Karl Dönitz, the admiral who led Nazi Germany for a brief period following Adolf Hitler’s suicide. | Following an unsuccessful appeal against conviction, Taylor arrived in the UK late last year. Now aged 66, he is only the second former head of state to have faced judgment in an international court on war crimes charges; the previous occasion was when judges at Nuremberg convicted Karl Dönitz, the admiral who led Nazi Germany for a brief period following Adolf Hitler’s suicide. |
| Spirit Level Film has produced a series of interviews about prominent politicians and their leadership qualities entitled The Price of Kings. It has already completed films on Yasser Arafat, Shimon Peres and President Oscar Arias of Costa Rica. | Spirit Level Film has produced a series of interviews about prominent politicians and their leadership qualities entitled The Price of Kings. It has already completed films on Yasser Arafat, Shimon Peres and President Oscar Arias of Costa Rica. |
| Richard Symons, the firm’s founder and director, wants to make Taylor the subject of his next documentary. “It’s very easy to be seduced into thinking this is about a convicted war criminal but it’s about access to information that is of value to the public. | Richard Symons, the firm’s founder and director, wants to make Taylor the subject of his next documentary. “It’s very easy to be seduced into thinking this is about a convicted war criminal but it’s about access to information that is of value to the public. |
| “It’s about what is in the best interest of a democracy, in learning about the quality of the leader we should be looking for. It’s about access to knowledge and whether we deem that to be of public interest or not.” | “It’s about what is in the best interest of a democracy, in learning about the quality of the leader we should be looking for. It’s about access to knowledge and whether we deem that to be of public interest or not.” |
| In their letter to the MoJ, lawyers for Spirit Level say that other leaders, including Tony Blair and President Putin, have agreed to participate in future films. The letter explains: “Face-to-face interviews are a crucial element of the films as the demeanour of the leader under questioning reveals characteristics which can otherwise be missed. The purpose of the films is to allow the viewers to learn about how power works and how it goes wrong.” | In their letter to the MoJ, lawyers for Spirit Level say that other leaders, including Tony Blair and President Putin, have agreed to participate in future films. The letter explains: “Face-to-face interviews are a crucial element of the films as the demeanour of the leader under questioning reveals characteristics which can otherwise be missed. The purpose of the films is to allow the viewers to learn about how power works and how it goes wrong.” |
| It points to the complexity of Taylor’s electoral appeal, citing his 1997 campaign under the slogan ‘He killed my ma, he killed my pa, but I will vote for him’ – a ballot overseen by the UN that resulted in him winning a landslide victory. | It points to the complexity of Taylor’s electoral appeal, citing his 1997 campaign under the slogan ‘He killed my ma, he killed my pa, but I will vote for him’ – a ballot overseen by the UN that resulted in him winning a landslide victory. |
| Symons added: “We want to educate the public about the qualities of leadership; how character traits feed into decisions.” | Symons added: “We want to educate the public about the qualities of leadership; how character traits feed into decisions.” |
| Gavin Millar QC, who is considering launching a legal challenge of the MoJ’s refusal on behalf of Spirit Level, told the Guardian: “Albert Speer [Hitler’s armaments minister] gave a lot of time to talk to journalists such as Gitta Sereny [for her biography of the Nazi official]. In the modern era we would expect a camera to be there. It’s a speaking record. Taylor did give evidence at his trial but this would be in a different context.” | Gavin Millar QC, who is considering launching a legal challenge of the MoJ’s refusal on behalf of Spirit Level, told the Guardian: “Albert Speer [Hitler’s armaments minister] gave a lot of time to talk to journalists such as Gitta Sereny [for her biography of the Nazi official]. In the modern era we would expect a camera to be there. It’s a speaking record. Taylor did give evidence at his trial but this would be in a different context.” |
| However, the MoJ rejected the film-makers’ arguments. In its letter, it states that regulations do not “contemplate that visits will be permitted solely to enable prisoners to contribute to political or general debates”. It continues: “There would be a high level of distress and anger from victims (or relatives of victims) of his crimes if the interview were … broadcast.” | |
| Filmed prison interviews have been permitted before. In 2012, following a protracted court case, the BBC was allowed in to interview Babar Ahmad, a terrorism suspect who at that stage had been held in prison for seven years without trial and was facing extradition to the US. | Filmed prison interviews have been permitted before. In 2012, following a protracted court case, the BBC was allowed in to interview Babar Ahmad, a terrorism suspect who at that stage had been held in prison for seven years without trial and was facing extradition to the US. |
| The application to interview Taylor has also focused attention on the detention conditions of the former African leader who has applied to be transferred from Frankland prison, in Durham, to Rwanda so that he can serve his sentence closer to home and family. Other defendants convicted by the Sierra Leone tribunal are serving their sentences in Rwanda. | The application to interview Taylor has also focused attention on the detention conditions of the former African leader who has applied to be transferred from Frankland prison, in Durham, to Rwanda so that he can serve his sentence closer to home and family. Other defendants convicted by the Sierra Leone tribunal are serving their sentences in Rwanda. |
| John Jones QC, Taylor’s lawyer, confirmed to the Guardian that the former president has agreed to be interviewed after being approached by Spirit Level Film. It was not, he added, “something he had actively sought out”. | John Jones QC, Taylor’s lawyer, confirmed to the Guardian that the former president has agreed to be interviewed after being approached by Spirit Level Film. It was not, he added, “something he had actively sought out”. |
| Tamsin Allen, the solicitor for Spirit Level Film, said: “It can’t be that interviews are only allowed when prisoners are raising allegations of miscarriages of justice. There’s provision in the MoJ’s own policy documents for other public interest reasons. There’s also an obligation under Article 10 [of the European convention on human rights] to allow freedom of expression.” | Tamsin Allen, the solicitor for Spirit Level Film, said: “It can’t be that interviews are only allowed when prisoners are raising allegations of miscarriages of justice. There’s provision in the MoJ’s own policy documents for other public interest reasons. There’s also an obligation under Article 10 [of the European convention on human rights] to allow freedom of expression.” |
| A spokesperson for the MoJ said: “We have received the application and it was considered in accordance with the relevant prison service policy. It is not appropriate to comment further at this stage.” | A spokesperson for the MoJ said: “We have received the application and it was considered in accordance with the relevant prison service policy. It is not appropriate to comment further at this stage.” |
| According to MoJ policy, journalists may have access to prisoners on only two grounds: either where it relates to highlighting alleged miscarriage of justice or where “there is some other sufficiently strong public interest in the issue sought to be raised during the visit and the assistance of that journalist is needed”. | According to MoJ policy, journalists may have access to prisoners on only two grounds: either where it relates to highlighting alleged miscarriage of justice or where “there is some other sufficiently strong public interest in the issue sought to be raised during the visit and the assistance of that journalist is needed”. |