Guus Kouwenhoven

Guus Kouwenhoven[1], often misspelled as Gus Kouwenhoven or Guus van Kouwenhoven[2] (born 15 February 1942, 's-Hertogenbosch) is a Dutch arms dealer convicted for arms trafficking in Liberia during the presidency of Charles Taylor.

Augustinus Petrus Kouwenhoven
Born (1942-02-15) 15 February 1942
Netherlands
OccupationArms dealer

Deported from the US

In the 1970, Kouwenhoven was sentenced to two years in prison in the US after being caught in an FBI sting operation while attempting to sell 6 stolen artworks, including a Rembrandt. He served only 17 days and was deported from the US.[3]

Involvement in Liberia

Kouwenhoven started his career in Liberia in the 1980s as the manager of Hotel Africa[4] and later on headed the Oriental Timber Corporation (OTC), the main timber company in Liberia in the early 2000s, during the Liberian Civil War. The company was used as a cover for arms smuggling.[5][6] The United Nations issued an order in 2001 banning him from traveling because of arms trafficking.[6]

Trials

Kouwenhoven was arrested in the Netherlands on 18 March 2005 and stood trial at the Court of First Instance in The Hague, starting 24 April 2006, charged with arms smuggling and war crimes in Liberia in the 90s, for which the Dutch public prosecutors sought a 20-year jail sentence and a fine of €450,000. The court tried to summon Charles Taylor to testify against Kouwenhoven. On 7 June 2006 Kouwenhoven was sentenced to 8 years in jail for arms smuggling. The court did not find him guilty of war crimes. Both the public prosecutors and Kouwenhoven sought a higher court appeal and Kouwenhoven was released in March 2007 in anticipation of his new trial.[7]. The Court of Appeal in The Hague acquitted him of all charges on 10 March 2008 and sharply criticized the work of the prosecution.[8]

The prosecution appealed the acquittal to the Supreme Court on 20 March 2008. In April 2010 the Supreme Court ordered a re-trial at the court in Den Bosch.[9] In November 2014, the court in Den Bosch was to hear arguments for dismissal as there were no witnesses available to testify. The Prosecutor Cara Pronk-Jordan wished to have the earlier anonymous interviews used as evidence.[10] Kouwenhof fled to South Africa in December 2016, claiming medical grounds[5]. On 21 April 2017, Kouwenhoven was convicted in absentia to a 19 year jail sentence for illegal arms trafficking and complicity in war crimes in Liberia and Guinea.[11]

Kouwenhoven was arrested on a Dutch warrant on Friday 8 December 2017 at his home in Fresnaye, Cape Town, by the South African Police and appeared before the Cape Town Magistrate's Court from Tuesday 12 December 2017.[5][12] In February 2020 the magistrate ruled "with great regret" that Kouwenhoven could not be extradited to the Netherlands in terms of South Africa's Extradition Act because the offences were not committed in the Netherlands.[13]

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References
  1. see eg. http://www.haguejusticeportal.net/index.php?id=6412
  2. http://www.liberiapastandpresent.org/TaylorCharles/KouwenhovenGus.htm
  3. Howden, Daniel (18 May 2006). "Crimes against humanity: Anatomy of an arms dealer". Independent. Retrieved 15 December 2017.
  4. see eg. https://www.theguardian.com/world/2001/may/27/theobserver
  5. Behr, Mike (9 December 2017). "Gunrunner arrested in Cape Town for war crimes in Liberia". IOL. Retrieved 14 December 2017.
  6. "Taylor Made: The Pivotal Role of Liberia's Forests and Flag of Convenience in Regional Conflict" (PDF). Global Witness. 2001. Retrieved 14 December 2017.
  7. "Kouwenhoven vrij tot rechtszaak" (in Dutch). Reformatorisch Dagblad. 19 March 2017. Retrieved 14 December 2017.
  8. "Guus Kouwenhoven". Hague Justice Portal. Retrieved 14 December 2017.
  9. "Dutch Supreme Court quashes Court of Appeal decision in Guus K. case". The Hague Justice Portal. 20 April 2010. Retrieved 14 December 2017.
  10. "Anonymous witnesses lost case - Kouwenhoven kwijt" (in Dutch). De Telegraaf. 10 February 2017. Retrieved 14 December 2017.
  11. "Zakenman Kouwenhoven krijgt 19 jaar voor wapenhandel in Liberia" (in Dutch). Nederlandse Omroep Stichting. 21 April 2017. Retrieved 23 April 2017.
  12. Dolley, Caryn (14 December 2017). "Dutch arms dealer used 'blood money' to finance his lavish lifestyle in Cape Town, court hears". IOL. Retrieved 14 December 2017.
  13. Behr, Mike (23 February 2020). "Cape court rules that Dutch war criminal won't be extradited". Weekend Argus.
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