The
seemingly long road to end culture of impunity in the country and even possibly
beyond, has been drawn with filing of charges and issuant of arrest warrant for former
officials of the Jammeh regime, perceived to have caused serious atrocities in
the country.
The
decision by the Office of the Inspector General of Police, through the police
prosecution unit, led by Inspector Saja Sanyang at the Banjul magistrates’
Court presided over by Isatou Janneh-Njie, has effectively started the course
to justice for victims of the alleged culprits some of whom now lives in exile
spread in various countries in various capacities.
However,
the arrest warrant issued made provisions for arrest and surrender of the
accused persons wherever they may be to the court, preferably the High Court
for trial as it’s the court with jurisdiction for determination of the charges
pressed against them.
This
begs the question as to how the accused persons clearly known to be now living
in exile could be arrested and surrender to the High Court of The Gambia, for
the fact that the arrest warrant in issued did not spelt out how they ought to
be brought before the court or does it mean procedures to that effect has been
made with relevant authorities at both domestic and international level.
This
invoked the issue of the need for Gambia to have extradition treaty with countries
for the arrest and extradition of the accused persons concerned. The use of International Police Service
called ‘’INTERPOLL’’ could be another effective methods at the disposal of the
court and the country in general, towards putting an end to the culture of
impunity. That is for the accused persons to be tried and prove their innocence
or guilt, in line with their fundamental rights under both domestic and
international laws (presumption of innocence).
Moreover,
extraditing fugitives of law is more acceptable and preferred than the use of
kidnapping and abduction from the host country.
Such practices are not accepted in what many called ‘Modern globalised
world’ as it did not only undermine the territorial independence and
sovereignty of the victim state, but also violation of Vienna Convention on Law
of treaty.
Extradition
means giving or handing over a person from host state to requesting state for
the purpose of criminal trial or punishment, which he/she is alleged to have
committed. Different countries have various policies and laws governing such
extradition, depending on the nature and circumstances of the case involved.
Generally
most countries across the globe consider some of the following issues before
extraditing an individual or group accused therein;
That
whether the extradition documents are in order, whether the person named in the
extradition request is the person charged with the crime, whether the person
has been charged with a crime in the requesting state, whether the person is a fugitive
from the requesting state among other issues are usually examined for
consideration.
We
hope such outlined procedures are observed in the case at hand, as far as the
desire to achieve objectives of ending impunity in the country is concerned.
The
Alleged offenders included;
Set
one; Ousman Sonko-former Minister of Interior, Lt Yusupha Sanneh, Sgt Sainey
Jammeh Aka Chess, Saikou Jallow, Lt Micheal Sang Correa, Captain Micheal Jatta,
Major Sanna Manjang, Major Mustapha Sanneh and Borra Colley.
They
were alleged to have in the year 2006 in Foni, West Region of the Gambia,
within the jurisdiction of the court,
murdered the following persons;
Daba
Marena- former Director General of defunct National Intelligence Agency (NIA)
now State Intelligence Service (SIS), Manlafi Corr- member of the Gambia Armed
Forces, Ebou Lowe- Member of the said Armed Forces, Alieu Ceesay-also member of
the said Armed Forces, Alpha Bah-also member of the said Armed Forces, one
Julia and Masireh Jammeh-believed to be step sister of former president Jammeh.
The
accused persons were also alleged to have taken part in the murder of Deyda
Hydara, co-founder and managing editor of The Point Newspaper in December,
2004. The Magistrate was said to have in addition to issuant of arrest warrant,
made an order instructing the police and
all security apparatus in the country to arrest the accused persons wherever
they may be and produce them before the court to stand trial. The
general public is also assigned to report the sighting of any of the accused
persons to the nearest police station for their immediate arrest.
Set
two; Sanna Manjang and Kawsu Camara (Bombardeir), were alleged to have killed
journalist Deyda Hydara, co-founder and managing editor of the Point Newspaper,
in December 2004, by shooting him with a gun on his forehead
The
charge sheet alleged among others that the accused persons committed the said
offence, while working under the Gambia
Armed Forces during the former regime of Yahya Jammeh, hence the Magistrate made an ordered for them to be arrested
anywhere they might be and be brought to The Gambia to face justice.
Set
three; Lt. Col Nuha Badjie, Major
Momodou Jarju, Captain Michael Jatta, WO1 Fans Nyabally, Staff Sergeant
Sulayman Sambou, WO2 Malick Manga and Corporal Saikouba Jarju, all members of
the Gambia Armed Forces, were alleged to have in 2013, murdered Col; Ndure
Cham- former Chief of Defence Staff (CDS) of the Gambia Armed Forces.
Particulars
of offence in count one stated that, the eight accused persons in the year
2013, at Tintinba Forest in Foni, West Coast Region of the Republic of The
Gambia, unlawfully conspired amongst themselves to wit murder; thereby
committed an offence.
Particulars
in Count two reads; the eight accused
sometimes in the year 2013, in the cited
place and region, with malice
aforethought, jointly and unlawfully caused the death of
Col; Ndure Cham by shooting him
with a gun and buried his carcass at
Tintinba Forest, thereby committed an offence.
The
prosecutor Inspector Saja made similar
application for the arrest and surrender of the accused persons in court and
for the matter be transferred to the
High Court. The application was granted by the presiding magistrate to that effect.
Set
four; However, this involved only Major Sanna Manjang on multiple
charges of murder though he is currently
on the run, hence the application for his arrest and surrender by the said
police prosecutor under the cited laws of the Gambia, which was granted by the
magistrate.
The
accused Sanna Manjang was alleged to have in 2006, in Foni and diverse places
in the Gambia, with malice aforethought,
unlawfully caused the death of one
Haruna Jammeh and
dropped his carcass
in a well within the Fonis, thereby committed an offence.
Major
Manjang was also alleged to have in 2006, in Yundum and diverse places in the
Gambia, with malice aforethought,
unlawfully caused the
death of one Dawda
Nyassi, by shooting
him with a gun
on his
head, thereby committed an offence.
Set
five; The police prosecutors further filed charges against the following nine
accused persons for allegations of beheading two of Gambian American citizens
under the Jammeh regime.
They
are General Sulayman Badjie, Colonel Solo Bojang, Lt. Nuha Badjie, Major
Momodou Jarju, Captain Mustapha Sanneh, Captain Michael Jatta, Staff Sergeant
Sulayman Sambou SBN, WO1 Nfansu Nyabally and Corporal Saikouba Jarju.
They
are accused of murder and conspiracy to
commit murder. The police Prosecutors accused them of unlawfully conspiring
amongst themselves to wit commit murder that,
some times in the month of June 2013, in
Kanilai, West Coast Region of the Gambia, With malice afore-thought unlawfully caused the death of Ebou Jobe and Alhagie Mamud Ceesay, by beheading them with
a machete, thereby committed the offence.
Similar application for arrest warrant and
surrender of the accused persons was made by the police prosecutor and it was
granted by the presiding magistrate.
Set
six; Sanna Manjang, Captain Mustapha
Sanneh, W01 Nfansu Nyabally and
Ismaila Jammeh were also
charged in absentia before the
said Magistrate. They were alleged to have
some time in the Month of April 2006, in Foni, West Coast Region of The
Gambia, conspired amongst themselves and caused the death of Ndogo Mboob, by
shooting him with a gun and threw his carcass or remains inside an old well,
thereby committed the offence charged.
The
cited police prosecutor applied for bench warrant be issued against them and
for the matter be transferred to the High Court. The application was granted.
However,
indications are that more charges against officers alleged to have commit
similar offences, are likely to be pressed against them by the police
prosecution unit, depending on findings from such investigations.
This
Article forms part of the Newsletter edited and produced by The Advocate.
By
Sanna Jawara, Chief Executive Officer-The Advocate, LLB, MA candidate Criminal
Justice and Human Rights Law.
