Economy

ECOWAS approves special court to prosecute Gambia's military-era crimes

Date: Dec 17, 2024

The Economic Community of West African States (ECOWAS) has approved the establishment of a special hybrid court to prosecute crimes committed during Gambia's military dictatorship under former leader Yahya Jammeh.

The decision was made during a weekend summit in Abuja, Nigeria, marking a significant milestone in Gambia’s transitional justice process.  

Jammeh’s rule from 1996 to 2017 was characterised by widespread human rights abuses, including arbitrary detention, sexual violence, and extrajudicial killings. The move comes nearly three years after Gambia's Truth, Reconciliation, and Reparations Commission (TRRC) recommended the prosecution of Jammeh and 68 other officials.  

The establishment of the court faced significant delays, attributed by Gambian government officials to the need for extensive consultations and drafting of legal statutes. However, critics argue that political factors played a role, particularly following President Adama Barrow's alliance with Jammeh’s former party in the 2021 elections. This alliance was seen as a potential obstacle to expediting justice for victims.  

Despite the setbacks, the recent approval has reinvigorated efforts to deliver justice. The Gambian government introduced two key bills earlier this year—the TRRC Bill and the Special Prosecutor’s Office Bill—to facilitate prosecutions. Although these bills have been passed by the National Assembly, a special prosecutor has yet to be appointed, a step expected in the coming weeks.  

The court's operational details remain unclear, including the potential extradition of Jammeh, who has been in exile in Equatorial Guinea since 2017. Public opinion in Gambia is divided, with some advocating for his trial outside the country to avoid tensions, given his lingering support among certain groups.  

Meanwhile, three of Jammeh’s alleged accomplices have faced trials abroad, with convictions in Switzerland and Germany and another trial scheduled in the United States. It remains uncertain whether they will be extradited to face additional charges in Gambia.  

The decision has been widely welcomed by victims and civil society groups. Survivors of Jammeh’s regime have expressed relief, viewing the court as a critical step towards accountability and justice. However, Jammeh's supporters remain opposed, reflecting the complex socio-political dynamics in the country.  

--ChannelAfrica--

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