Count 5 indictment sees Correa of conspiring to commit torture, and was dropped after the prosecution raise the absence of witness Darboe.
Correa faces six counts of torture including conspiracy to commit torture. He is also the only the third person—and first foreign national – to be prosecuted by the U.S. for torture committed abroad.
But, according to the prosecutor’s application, the witness is serving a member of the Gambia Armed Forces, and he is currently on deployment. But the defence team did not object to this application. Therefore, the federal judge Christine M. Arguello dismissed the count. 5.
Early hours of 8 a.m., the proceedings started in the absence of Correa, but the judge Arguello later insisted for Correa's appearance and instructed her clerk to enquire with the Court Marshals about his whereabouts. Later on, 8:24 a.m., Correa entered the courtroom, wearing a black suit. He had dreadlocks and was wearing reading glasses. He appeared to be of average height with a psychically fit. Sat surrendered his four defence team, consisting of 3 men and one woman.
Count 5 stated that the defendant, Michael Sang Correa together with others both known and unknown to the grand jury did, while specifically intending to inflict severe physical pain and suffering (other than pain or suffering incidental to lawful sanctions) commit and attempt to commit torture, while acting under color of law, by committing and causing and aiding and abetting others to commit acts against another person known to the grand jury (referred to herein as Victim 4) within their custody and physical control, and further, the defendant, Michael Sang Correa, together with others both known and unknown to the grand jury, did knowingly and intentionally aid, abet, counsel, command, induce, and procure each other's participation in the commission of said offense.
After the dismissal of count 5, the court then begins with jury selection—and opening statements from the prosecutors and defence attorneys follows. If time permits, the prosecution will be the first witness.
Meanwhile, Correa was a an alleged former “jungler,’’ a paramilitary group from The Gambia that operated between 1994 and 2016, under the reign of the ex-dictator Jammeh. The group widely known to work outside its security structures—has since engaged in extrajudicial killings, forced disappearances, sexual abuse, and torture.
The historic trial is being followed by human rights organisations both in the Gambia aboard, victims groups, state legal practitioners and CSOs and Gambian –who views the trail as a great step towards achieving accountability and justice in the Gambia.
