Press
release
Sarjo
Cham, brother of former MP Mahawa Cham, supported by ANEKED and Lead Counsel
Deji Ajare, filed a complaint before the Economic Community of West African
States (ECOWAS) Court of Justice. The complaint targets the Government of
Gambia for the violations suffered by Mahawa Cham as related to his enforced
disappearance and the violations suffered by his family as a consequence of Mr.
Mahawa Cham’s forced disappearance
Mahawa
Cham, a former member of the National Assembly and fierce critic of the Yahya
Jammeh regime was abducted alongside Saul Ndow in 2013, allegedly on direct
orders of Yahya Jammeh. Mahawa Cham was instrumental in coordinating
demonstrations in Dakar, particularly following the unlawful execution of nine
death-row inmates in The Gambia in August 2012 on orders of Yahya Jammeh.
Since
2013 and despite the change to the Adama Barrow government, the appeals made by
Sarjo Cham, the credible evidence that has surfaced through journalists
investigating and testimonies, and persons involved being identified, no
judicial investigation has been conducted nor initiated by the Gambian
government.
Au
contraire, on 10th August 2019, following recommendations from the Minister of
Justice, Abubacarr B. Tambadou, Omar A. Jallow, a member of the Junglers-a
death squad operating under Yahya Jammeh- was released from custody after
confessing before the Truth, Reconciliation and Reparations Commission (TRRC)
to participating in the forced disappearance of Mahawa Cham.
“The Gambia recently filed against Myanmar at
the ICC for the crimes against humanity committed, including extrajudicial
killings and forced disappearances. The Minister of Justice, Abubacarr B.
Tambadou was even quoted as saying that he wanted to ‘send a clear message to
Myanmar and to the rest of the international community that the world must not
stand by and do nothing in the face of terrible atrocities that are occurring
around us’. We call on the government of The Gambia to act by the same standard
and show the world that the country takes the human rights violations of its
citizens seriously,” Sirra Ndow, ANEKED Gambia Country Representative said.
The complaint marks an attempt to hold the
Gambian government responsible for its failure to respect, protect and fulfil
the fundamental rights of Mahawa Cham and Sarjo Cham; and to hold it
accountable for the continuous denial to an effective judicial remedy,
including the right to full and effective investigation and thereafter
prosecution of those responsible for the disappearance and feared death of
Mahawa Cham.
“Enforced disappearance is a grave crime
against humanity. It hurts not only those who disappeared but also members of
their families who are constantly in doubt as to the status of their
disappeared kin. Nothing short of proper justice – which answers the throbbing
questions of where were their loved ones taken, what happened, why and holding
those responsible to account- can bring closure for such persons. The actions
and inactions of the Gambian government with regards to getting justice in
cases of enforced disappearances under the Yahya Jammeh administration are not
only reprehensible, morally indefensible, they are insensitive violations of
Gambia’s international obligations,” Deji Ajare, Lead Counsel, Sterling Centre
for Law & Development said.
The
filing of the complaint was immediately followed by the filing of a petition on
6th December 2019 by 18 victims against the decision of the Minister of
Justice, Abubacarr B. Tambadou to release the Junglers on 10th August 2019,
following their confessions to the crimes against humanity committed on orders
of Yahya Jammeh before the TRRC.
