A federal judge in Colorado has declined to dismiss multiple criminal charges against former Jungler, Michael Sang Correa, who belonged to exiled Gambian dictator’s henchmen, now living in Denver. Correa faces seven torture-related counts for his alleged involvement in a 2006 coup attempt against then-President Yahya Jammeh in The Gambia.

In December, Correa moved to dismiss his 2020 indictment, arguing that prosecuting him for crimes committed outside the United States violated his constitutional right to due process. However, U.S. District Court Senior Judge Christine M. Arguello denied the motion, stating that Correa was on notice that his alleged conduct violated U.S. law and that torture is universally condemned.

Lindsay Bailey, a staff attorney with the Center for Justice and Accountability, representing multiple of Correa’s alleged victims, supported the judge’s decision, stating that Correa’s decision to come to the U.S. opened him up to prosecution.

Correa’s indictment alleges that he participated in the torture of six victims who were suspects in the coup attempt against Jammeh’s government. The indictment describes brutal acts of torture, including beatings, dripping molten plastic onto extremities, extinguishing cigarettes on victims’ bodies, electrocution, and stabbing.

Under the Torture Act, a person in the United States can be imprisoned for up to 20 years for acts of torture committed outside the country. Correa argued that there was no nexus between him and the U.S., as the alleged crimes had nothing to do with the United States. However, the judge ruled that Correa’s decision to flee The Gambia and remain in the U.S. established a sufficient enough connection for the justice system.

Correa also argued that the Torture Act itself is unconstitutional, but the judge found that his objections did not hold merit.

The case is considered unique, as there is no previous case addressing whether the prosecution of a noncitizen for crimes committed entirely within the jurisdiction of another sovereign state complies with the Due Process Clause. Correa’s trial is set to proceed in Colorado.