Africa-Press – Gambia. The Secretary General of the Gambia Bar Association (GBA), Counsel Abdoulie Fatty, has confirmed that the newly established subregional court has the mandate to hear the Jammeh-era-crimes.
According to him, ECOWAS Hybrid Court will have the legal mandate to hear and determine cases of torture and other serious human rights violations committed during the regime of former President Yahya A.J.J. Jammeh.
Fatty made the statement during a media engagement jointly organized by the GBA, the Ministry of Justice, and the Gambia Press Union (GPU). He explains that the Hybrid Court, which blends domestic and international legal frameworks, is equipped to handle cases stemming from the 1994 to 2017 period, when Jammeh was in power.
“The Hybrid Court has the jurisdiction to prosecute crimes such as torture, enforced disappearances, and crimes against humanity committed under the Jammeh regime,” Fatty stated. “While the Truth, Reconciliation and Reparations Commission (TRRC) was ongoing, the GBA had already started engaging with international experts as far back as 2019 to lay the groundwork for future prosecutions.”
Fatty clarified that the TRRC’s mandate extended beyond fact-finding, as it was also empowered to recommend individuals for prosecution. He drew parallels with the model adopted by Senegal, which partnered with the African Union to create a special tribunal capable of trying foreign nationals for crimes committed within Senegalese jurisdiction—a precedent he said inspired Gambia’s own efforts.
“The TRRC report recognized that crimes like torture are international crimes. However, these are not currently defined under Gambian domestic law, hence the need for international collaboration through the Hybrid Court,” he explained.
Also speaking at the event, Senior Counsel Mariama Singateh, representing the Attorney General and Minister of Justice, revealed that the TRRC made a total of 265 recommendations. Of the 68 cases initially recommended for prosecution, 67 is moving forward.
Singateh further disclosed that D20 million was allocated for reparations to victims identified by the TRRC.
Looking ahead, Secretary General Fatty expressed optimism that the special prosecutor appointed to lead prosecutions before the Hybrid Court will be an independent, non-Gambian legal expert. He suggested that the deputy prosecutor, however, may be a Gambian, allowing for a balance of local and international expertise.
Modou S. Joof, Secretary General of the Gambia Press Union, reaffirmed the media’s critical role in the post-TRRC process. He noted that the GPU has conducted training sessions to equip journalists with the tools necessary to report on future prosecutions and developments relating to the Hybrid Court.
The establishment of the Hybrid Court marks a significant step in The Gambia’s transitional justice journey, offering hope to victims and accountability for alleged perpetrators of past abuses.
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