Gambiaj.com – (COLORADO, United States) – This time, Michael Sang Correa argued his federal indictment for torture was filed beyond the statute of limitations; and for the third time this year, a U.S. federal judge has refused to dismiss multiple criminal charges against Michael Sang Correa, a former member of The Gambia’s notorious “Junglers” death squad under ex-dictator Yahya Jammeh. Correa, now living in Colorado, faces charges of torture committed in his home country, in a case that marks a rare use of U.S. law to prosecute international human rights abuses.
On Monday, U.S. District Court Senior Judge Christine M. Arguello rejected Correa’s latest bid to throw out a seven-count indictment accusing him of torturing suspects following an attempted coup against Jammeh in 2006. Correa’s alleged role as part of an armed unit tasked with suppressing dissent included acts of extreme violence, such as beatings, electrocution, and burning victims with cigarettes and molten plastic, according to the charges.
This week’s ruling centered on Correa’s argument that his prosecution violated the statute of limitations. His defense team contended that the federal indictment came 14 years after the alleged crimes, far exceeding the typical five-year limit for federal offenses. They argued that prosecutors wrongly applied provisions of the USA PATRIOT Act, which extends the statute of limitations for offenses linked to terrorism.
Correa’s attorney, Matthew K. Belcher, pointed to the PATRIOT Act’s focus on terrorism, arguing that it should not apply to non-terrorism offenses like torture. Citing a recent U.S. Supreme Court ruling in a separate case, the defense asserted that Congress designed the statute’s extensions to prosecute terrorism-related acts, not broader crimes.
However, Judge Arguello sided with the prosecution, concluding that Congress did not limit the statute of limitations’ extension to terrorism alone. She emphasized that the law’s language clearly encompasses acts of torture, allowing the charges against Correa to proceed.
“Given this lack of ambiguity, the Court will not second guess Congress’s intention,” Arguello wrote in her decision on Sept. 23.
The ruling marks the third time the court has dismissed Correa’s attempts to halt the case. Earlier this year, Judge Arguello ruled that Correa had sufficient notice of potential prosecution under the Torture Act of 1994, which allows the U.S. to hold individuals accountable for acts of torture committed abroad. In a separate decision in September, the judge found that the absence of two witnesses from Africa, whose travel to the U.S. had been blocked, did not undermine Correa’s right to a fair defense.
Correa was indicted in 2020 after being arrested in Colorado, where he had been living since leaving The Gambia. His prosecution is one of the few under the Torture Act, which allows for prison sentences of up to 20 years for individuals found guilty of committing torture outside the United States.
The case against Correa stems from his involvement in the aftermath of the 2006 coup attempt against Jammeh, during which he allegedly tortured six individuals. Human rights organizations, including TRIAL International, have hailed the prosecution as a critical step toward justice for victims of Jammeh’s brutal regime.
Correa’s trial is scheduled for April 2025.
