{"id":125156,"date":"2023-11-23T10:58:17","date_gmt":"2023-11-23T09:58:17","guid":{"rendered":"https:\/\/www.justiceinfo.net\/?p=125156"},"modified":"2023-11-30T22:46:20","modified_gmt":"2023-11-30T21:46:20","slug":"bai-lowe-tried-to-make-amends-for-something-beyond-repair","status":"publish","type":"post","link":"https:\/\/www.justiceinfo.net\/en\/125156-bai-lowe-tried-to-make-amends-for-something-beyond-repair.html","title":{"rendered":"\u201cBai Lowe tried to make amends for something beyond repair\u201d"},"content":{"rendered":"\n

The trial for crimes against humanity of Gambian Bai Lowe in Celle, Germany, is about to end. On the 16th<\/sup> and 17th<\/sup> of November, the prosecution and joint plaintiffs gave their closing statements. As a driver for former President Yahya Jammeh\u2019s death squad, the accused allegedly participated in the murder of enemies of the regime. The prosecution called for a life sentence, even though they acknowledged that Lowe played a minor role in the crimes and later helped reveal them.<\/strong><\/strong><\/p>\n\n\n\n\n\n\n\n

Over the past three years, Germany<\/a> has presented itself as a leading country for implementing international criminal law, conducting several trials dealing with crimes committed in Syria<\/a> and Iraq<\/a>. Now, another universal jurisdiction<\/a> trial is nearing its end, one that has taken Germany\u2019s justice efforts to the African continent. In the picturesque town of Celle in Northern Germany, Gambian national Bai Lowe is accused of crimes against humanity<\/a> and murder allegedly committed in his home country twenty years ago. On November 16, the prosecution gave their closing statements, urging the court to sentence Lowe to life imprisonment. The following day, the joint plaintiffs and their lawyers gave their final pleas. They, too, believe in Lowe\u2019s guilt \u2013 but emphasized that judging him would only be one step on a long road to justice for post-dictatorship Gambia.<\/p>\n\n\n\n

Lowe is alleged to have been a member of Gambian ex-dictator Yahya Jammeh\u2019s notorious death squad known as the \u201cpatrol team\u201d or \u201cJunglers<\/a>\u201d. According to the indictment<\/a>, \u201cthe aim of [the Junglers\u2019] operations was to intimidate the Gambian people and suppress the opposition.\u201d One of the victims was the prominent journalist Deyda Hydara<\/a>, whose son Baba Hydara<\/a> has joined the proceedings as a plaintiff. Lowe is accused of being the death squad\u2019s driver. He allegedly drove the killers to their missions. And in the killing of Hydara he is said to have steered the car next to his victim\u2019s vehicle while the others were shooting. The most important evidence against Lowe is an interview he gave in 2013<\/a> to the oppositional US-based Freedom Radio, where he described being present during the assassinations. In their final statement, the prosecution acknowledged that he had accidentally incriminated himself while trying to expose Jammeh\u2019s crimes \u2013 but concluded that this could not change the answer to the question if he was guilty in a court of law. \u201cHe tried to make amends for something that was beyond repair.\u201d<\/p>\n\n\n\n

\"Plaintiffs
Plaintiffs Omar Nyassi and Baba Hydara have both called for more trials to be held in Gambia, while Bai Lowe's trial is drawing to a close in Germany. \u00a9 Hannah el-Hitami<\/figcaption><\/figure>\n\n\n\n

Jammeh\u2019s rule of terror<\/h2>\n\n\n\n

It was no surprise that the prosecution saw Lowe\u2019s guilt as proven after 58 days of trial, during which his defense struggled to bring forward credible alibi witnesses or exculpatory evidence. What was less expected was that they gave him significant credit for playing just a minor role in Jammeh\u2019s crimes and for later making an effort to stop them. Over the course of the trial, several witnesses confirmed the major impact Lowe\u2019s interviews had on \u201cwaking Gambians up\u201d and \u201cdemystifiying Jammeh\u201d, which ultimately helped end his rule. In the very first minutes of her speech, federal prosecutor Xenia Schmitt insinuated that she did not see Lowe as a ruthless bad guy or evil mastermind. After mentioning the terror of Yahya Jammeh\u2019s regime, she acknowledged \u201chow difficult it is to stay out of such a system that eventually compromises, destroys, taints everything.\u201d The defendant had arranged himself with the idea that \u201ca driver is not a killer\u201d, she added. \u201cBut the law expects more from someone who wants to be acquitted of homicide.\u201c<\/p>\n\n\n\n

Lowe appeared in court in a dark red sweater that matched the robes of the prosecution. As always, he exchanged buoyant handshakes with his defense lawyer and his translator. He seemed relaxed, as he listened to Schmitt and her colleague Ms. H\u00f6fer described the indicted crimes and the context in which they took place, basing many of the established facts on the findings of the Gambian Truth, Reconciliation and Reparations Commission (TRRC)<\/a>. \u201cJammeh\u2019s rein was marked by a devastating human rights situation from the very beginning,\u201d they explained. Anyone who was an actual or perceived threat to the president\u2019s power could become a target of his security forces: the National Intelligence Agency, the police and the Junglers. The result was an \u201catmosphere of fear and a loss of trust in state institutions and society\u201d that made impossible any kind of organised or substantial opposition against the regime.<\/p>\n\n\n\n

In the eyes of the prosecution, Jammeh\u2019s regime waged a widespread and systematic attack against a civilian population: the prerequisite for crimes to be considered crimes against humanity. It was widespread because it took place throughout the country and \u201churt or killed a multitude of Gambian citizens.\u201d Its systematic nature lay in the death lists and killing squads, the president\u2019s hateful speeches against the opposition as well as the prevalence of torture and total impunity for any state actors\u2019 crimes.<\/p>\n\n\n\n

Two murders and three attempted<\/h2>\n\n\n\n

It is against this backdrop that they placed the alleged crimes of Bai Lowe: the attempted murder of lawyer Ousman Sillah, the murder of journalist Deyda Hydara and injury of his passengers in 2004, and the murder of Dawda Nyassi in 2006. Regarding Sillah, Schmitt described how Lowe drove the Junglers to his mansion on the 25th<\/sup> of December 2003. There, Sanna Manjang and Bora Colley got out of the car and shot the lawyer until they believed him dead. \u201cThe defendant was waiting in the car and had already gotten ready to drive. He drove the perpetrators away from the scene.\u201d Sillah survived the attack, but had to give up his work and leave the country. Until today, he suffered from the physical and mental consequences of the attack.<\/p>\n\n\n\n

Other victims were not as lucky. According to the prosecution, Jammeh had developed a personal hatred towards Hydara, who did not tire of criticizing him in his weekly column \u201cGood morning Mr President\u201d. \u201cA lot of courage and faith is necessary to pursue proper journalistic work under such circumstances,\u201d said Schmitt. People like Jammeh \u201cwho surround themselves with an aura of grandeur do not like taking advice from others.\u201d She described how Jammeh ordered the Junglers through their leader at the time, Tumbul Tamba, to kill Hydara. On the 16th<\/sup> of December 2004, the journalist was on his way home from the 30-year anniversary party of his newspaper The Point. He was driving home his colleagues Ida Jagne<\/a> \u2013 who has joined the Celle trial as a plaintiff \u2013 and Niansarang Jobe, when a car approached from behind and flashed its lights. Hydara slowed down to let it pass, but the passengers started firing shots at him, killing him on the spot and injuring the two women in the car. The prosecution considers them victims of attempted murder.<\/p>\n\n\n\n

Finally, the prosecutors summarized the murder of Dawda Nyassi, a former Gambian soldier who Jammeh saw as a potential threat, after he had gone to Liberia to support warlord Charles Taylor. In 2006, the Junglers were instructed to kill him. They arrested him and tied him to a tree near the airport, then shot him and buried him in an unknown location. Nyassi\u2019s eldest son Omar is one of the plaintiffs in the case. \u201cWe cannot bring him back, but we want his soul to rest in peace, and for that we need to know where he is buried and when he was killed\u201d, he said the next day in his closing statement.<\/p>\n\n\n\n

\u201cJust\u201d a driver<\/h2>\n\n\n\n

What all these crimes have in common, the prosecution believes, is that Bai Lowe was the one driving the Junglers \u2013 and in Nyassi\u2019s case their victim, too \u2013 to the crime scenes and back. He did not kill anyone with his own hands. In fact, he may never have even left the car, said Schmitt, quoting Lowe as saying: \u201cI was always in the car. I never got off. My feet did not even touch the ground and I never turned off the engine.\u201d But still they consider him a co-perpetrator, because he was a member of the team and carried out \u201ca task that was indispensable for the success of the crime.\u201d Schmitt observed how often Lowe mentioned that he was \u201cjust\u201d a driver in the interviews he gave to Freedom Radio journalist Pa Nderry Mbai and later to journalist Fatou Kamara. She believes that he was \u201ca man with values and a sense of justice\u201d who convinced himself that driving was not killing. The prosecution, however, could not agree with that conviction.<\/p>\n\n\n\n

The self-incriminating interviews were \u201cthe central pieces of evidence\u201d for the prosecution, said Schmitt. She went on to explain why the prosecution did not believe Lowe\u2019s statement in court<\/a> that he had lied about being present during the crimes to make his account more credible, that he had merely heard all those stories from his colleagues. The interviews were authentic, the prosecution believes, because of the amount of \u201cmarginal details and subjective feelings\u201d Lowe described in them. He quoted direct speech and \u201cjumped back and forth in the story without losing the overview of the temporal classification.\u201d And he always \u201cdifferentiated precisely between hearsay and what he witnessed himself.\u201d The interviews, the prosecutors acknowledged, \u201cexposed a multitude of atrocities to the public for the first time.\u201d And they also ended up putting Lowe in the dock. In 2017, the Swiss police became aware of the interviews and contacted the German authorities to arrange an interrogation with Lowe, who was living in Germany. They were interested in him as a witness against Gambia\u2019s former interior minister Ousman Sonko<\/a>, who was in pre-trial detention in Switzerland and whose trial is expected in 2024. Lowe did not agree to testify at the time, but the German police became aware of his interviews and started investigating against him.<\/p>\n\n\n\n

\u201cCriminal investigations need to begin in the Gambia\u201d<\/h2>\n\n\n\n

Lowe listened to the prosecution\u2019s closing statement without any visible reaction, sometimes exchanging muffled conversations with his personal translator. After the prosecutors requested a life sentence for crimes against humanity, Lowe left the court room, slightly grinning as he often does, but seemingly in a rush. The next day he appeared in a bright blue track suit to hear the final pleas of the joint plaintiffs Omar Nyassi and Baba Hydara. Their lawyers Patrick Kroker and Peer Stolle addressed the question why this trial should take place in Germany, when there is a transitional justice process happening in Gambia itself. \u201cGambian civil society and some of the state institutions have been dealing intensely with the crimes of the Jammeh era, but there is still a lack of criminal prosecution\u201d, said Stolle, adding that he hoped the Celle trial would have a positive effect on trials in the country itself. Kroker added that justice played a crucial role on Gambia\u2019s path to democracy. Unlike in South Africa, the Gambian truth commission was not meant as an alternative to criminal prosecution, he said. \u201cThere shall be no truth at the expense of justice.\u201d<\/p>\n\n\n\n

Kroker\u2019s client Omar Nyassi agreed that the trial was an important step to justice. But he urged the international community and the Gambian government \u201cto bring all criminals to justice. Only then we can live in peace.\u201d Finally, it was Deyda Hydara\u2019s oldest son\u2019s turn to speak. He honored his father saying that as a journalist, he refused to be silenced. \u201cEach week in his column \u2018Good morning Mr President\u2019 he spoke critically about what was wrong in the country. He knew that was dangerous, he told us so, and he was right.\u201d Hydara looked Lowe straight in the eye when he said that a team of Junglers including the accused killed his father \u201cin cold blood\u201d. Lowe, who looked back at him, slightly shook his head to that and mumbled something incomprehensible.<\/p>\n\n\n\n

\u201cI know Bai Lowe was not the one who planned to kill my father, that he was only a little man,\u201d Hydara added. \u201cI know it was Jammeh who wanted my father killed and gave the order to murder him and rewarded the Junglers for completing the murder.\u201d Therefore, he would not rest until Jammeh himself \u2013 who lives in exile in Equatorial Guinea since he was forced out the country in January 2017 \u2013 was brought to justice, he said. For him, the trial in Celle could \u201csend a strong message to the Gambian government that it is time for justice. Criminal investigations need to begin in the Gambia. Victims should not have to go abroad to seek redress.\u201d<\/p>\n\n\n

\r\n\t\t\t\t\t\r\n\t\t\t
Recommended reading<\/div>\r\n\t\t\t
\"Baboucar<\/div><\/a>\r\n\t\t\t\r\n\t\t\tGambian trial in Germany: I posed as a \u201cJungler\u201d, defendant says\r\n\t\t<\/a>\r\n\t\t\r\n\t\t\t\t<\/div>\n","protected":false},"excerpt":{"rendered":"

The trial for crimes against humanity of Gambian Bai Lowe in Celle, Germany, is about to end. On the 16th and 17th of November, the prosecution and joint plaintiffs gave their closing statements. As a driver for former President Yahya Jammeh\u2019s death squad, the accused allegedly participated in the murder of enemies of the regime. […]<\/p>\n","protected":false},"author":83,"featured_media":125138,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2801],"tags":[4116,3311],"ji_location":[2509,2239],"class_list":["post-125156","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-universal-jurisdiction","tag-bai-lowe-en","tag-junglers-en","ji_location-gambia","ji_location-germany"],"acf":[],"yoast_head":"\n\u201cBai Lowe tried to make amends for something beyond repair\u201d<\/title>\n<meta name=\"description\" content=\"The trial of Bai Lowe for crimes against humanity committed in The Gambia is about to conclude in Germany. 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