In Gambia, efforts are underway to establish an international court to prosecute crimes committed during the regime of former dictator Yahya Jammeh, who ruled the country from 1994 to 2017 and currently lives in exile in Equatorial Guinea.
A “Truth and Reconciliation” Commission in Gambia heard from 400 witnesses regarding the crimes committed during Jammeh’s reign, leading to a government white paper to implement the commission’s recommendations, including the creation of a hybrid justice court. A committee of experts began work on February 29 to lay the foundations for this future court.
According to the law analyzed by parliamentarians, the hybrid court will be established in two stages. The law to create the prosecutor’s office, which will not be Gambian, will be examined and voted on in March, with the goal of initiating investigations promptly. Subsequently, the Hybrid Court will be established, integrating the office of the investigating magistrate.
Simultaneously, a technical committee, composed of 12 members from various organizations, has begun an eighteen-week work plan to study the legal and financial aspects of the future court. The aim is to be prepared for the ECOWAS summit in July.
Consensus has already been reached on several key points. The court’s headquarters will be in the Gambian capital, Banjul, and its judges will be a mix of Gambians and foreigners, appointed by the ECOWAS presidency after a selection committee review.
However, a significant challenge remains: Yahya Jammeh is a refugee in Equatorial Guinea, raising obstacles to possible extradition. Despite Equatorial Guinea not being an ECOWAS member, its partnership with the regional organization could pressure Malabo to hand over the former president.
The court is expected to have jurisdiction to hold trials outside Gambia, meaning Jammeh could be tried abroad if necessary. The Gambian Ministry of Justice has stated that he will be physically present during the trial, ruling out a trial in absentia.
