{"id":81884,"date":"2021-09-09T11:03:49","date_gmt":"2021-09-09T09:03:49","guid":{"rendered":"https:\/\/www.justiceinfo.net\/81884-gambie-rapport-final-trrc-corbeille.html"},"modified":"2021-11-26T10:39:08","modified_gmt":"2021-11-26T09:39:08","slug":"gambia-truth-commissions-final-report-binned","status":"publish","type":"post","link":"https:\/\/www.justiceinfo.net\/en\/81884-gambia-truth-commissions-final-report-binned.html","title":{"rendered":"Gambia: \"We want Truth Commission\u2019s final report binned\""},"content":{"rendered":"\n

On September 30, the Gambian Truth Commission should submit its final report. But the party of former dictator Yahya Jammeh has made it clear, after the 4 September announcement of its alliance with current president Adama Barrow\u2019s party, that the goal is to scrap all the work done by the Commission over the past three years.<\/strong><\/strong><\/p>\n\n\n\n\n\n\n\n

For almost two decades, a Gambian newspaper, The Point, has been publishing in its top left corner a question: \u201cWho killed Deyda Hydara?\u201d Hydara was a founder of the newspaper. And finally,  in July 2019, Malick Jatta<\/a>, a member of the hit-squad operating on the orders of former president Yahya Jammeh, confessed before the Truth Reparation and Reconciliation Commission (TRRC)<\/a> that he took part in the operation that killed the journalist in December 2004. Since then, The Point changed its headline to: \u201cJammeh killed Deyda Hydara\u201d.<\/p>\n\n\n\n

On September 6, barely two days after Jammeh\u2019s Alliance for Patriotic Reorientation and Construction Party (APRC) announced it has signed a coalition agreement with Barrow\u2019s National Peoples\u2019 Party (NPP) for the December presidential polls, The Point\u2019s front page<\/a> captured the Gambian contradiction: a box still saying \u201cJammeh killed Deyda Hydara\u201d and a lead story announcing the controversial alliance that could lead to \u201cJammeh\u2019s return\u201d.<\/p>\n\n\n\n

On September 30, the Commission\u2019s final report should be submitted to Gambia\u2019s president and since it should charge those who bear the greatest responsibility for past crimes, it is expected to indict Jammeh. \u201cGiven the fact that we have known [Jammeh\u2019s party] anti-TRRC position, I wonder how President Barrow will prosecute his own ally when the TRRC recommends it,\u201d Gambian academic Sait Matty Jaw told Justice Info.<\/p>\n\n\n\n

Amnesty for Jammeh?<\/h2>\n\n\n\n

The agreement signed between the party of current president Barrow and Jammeh\u2019s party was not made public. But APRC\u2019s wishes have always been public: Jammeh\u2019s return and amnesty, with all benefits afforded to a former head of state, is their primary demand.    <\/p>\n\n\n\n

For the APRC, evidence from 2,600 statements and 393 witness testimonies during the last two and a half years before the country\u2019s Truth Commission is a propaganda scheme designed to defame ex-president Jammeh.\u00a0In July, the party staged a protest in Banjul where they handed a petition to the country\u2019s justice minister Dawda Jallow for delivery to Barrow. Its content was never made public. But two things were clear<\/a>: they wanted the government to negate the Commission's recommendations and free a former minister, Yankuba Touray<\/a>. In July, Touray was sentenced to death for his role in a murder.<\/p>\n\n\n\n

When the TRRC's final report is out, let it be put in a wastepaper basket just like the Constitutional Review Commission report.<\/p><\/blockquote>\n\n\n\n

\u201cWhen the TRRC's final report is out, let it be put in a wastepaper basket just like the Constitutional Review Commission report,\" said Fabakary Tombong Jatta after submitting APRC\u2019s petition against the Truth Commission to Justice Minister Dawda Jallow on July 26 this year. Jatta became APRC\u2019s leader after Jammeh departed for Equatorial Guinea, where he has been living in exile since 2017. <\/p>\n\n\n\n

Jammeh\u2019s party spokesperson Dodou Jah told Justice Info that key among their conditions for supporting the NPP is to ensure \u201cthe unconditional return of the former president\u201d. <\/p>\n\n\n\n

\u201cThe worst betrayal on earth\u201d<\/h2>\n\n\n\n

\u201cThe evidence lies in the fact that neither [Barrow] nor NPP nor APRC has had the guts to disclose their obnoxious memorendum of understanding publicly since they claimed to have signed it on September 2,\u201d activist Madi Jobarteh told Justice Info. \u201cRather, this criminal agreement has been kept away from public view and knowledge because they know it represents the worst betrayal on earth.\u201d<\/p>\n\n\n\n

When the Truth Commission concludes its work, its founding Act says it must submit its final report to the president, to the United Nations Secretary General and to regional and international organisations. Within six months, Gambia\u2019s president is expected to issue a position paper stating what he will do. According to its Act, the Truth Commission can grant amnesty to individuals, excluding crimes \u201cwhich form part of a crime against humanity\u201d.  <\/p>\n\n\n\n

\u201cIf Gambia failed to act, ICC could step in\u201d<\/h2>\n\n\n\n

\u201cInternational law is very clear that governments have a legal duty to investigate and prosecute torture and crimes against humanity, and that these crimes can\u2019t be amnestied. The Gambian Supreme Court decision denying immunity to Yankuba Touray suggests that the court might not look favourably on attempts to shield government officials from prosecution,\u201d Reed Brody of International Commission of Jurists told Justice Info.  <\/p>\n\n\n\n

\u201cCourts in countries like Argentina, El Salvador and Uganda have refused to allow amnesties,\u201d said the American human rights lawyer who is working with Jammeh\u2019s victims. \u201cAny amnesty also wouldn\u2019t stop other countries whose citizens were murdered, such as Ghana, Nigeria, and Senegal, or indeed any country with jurisdiction, from undertaking an investigation. Nor would it stop the International Criminal Court (ICC) from investigating. The new prosecutor Karim Khan has said that \u2018justice must happen<\/a>\u2019 for Jammeh-era crimes. So, if Gambia failed to act, the ICC could step in.\u201d<\/p>\n\n\n\n

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TRRC 28.05.21 https:\/\/t.co\/Ce5v2RLK1i<\/a> via @YouTube<\/a> Inspiring, powerful submissions at the end of the hearing stage of the Gambia\u2019s @TRRC_Gambia<\/a> . Lead counsel Essa Faal\u2019s submissions deserve attention. \u201cJustice must happen\u201d. I agree.<\/p>— Karim A. A. Khan KC (@KarimKhanQC) May 30, 2021<\/a><\/blockquote>