THERE has been widespread support for the setting up of a Special Tribunal for The Gambia by the Economic Community of West African States (ECOWAS).
A Gambian government statement welcomed the ECOWAS decision, adding: ‘This historic development marks a significant step forward for The Gambia, the region, and the international community.
‘It is the first time ECOWAS has partnered with a member state to establish an internationalised tribunal to prosecute crimes of such gravity committed within a member state’s territory.’
The Special Tribunal’s remit will cover human rights violations, torture and cruel and inhumane treatment, among other crimes, during the administration of former President Yahya Jammeh.
In 2018, after Jammeh had gone into exile in Equatorial Guinea, the government of President Adama Barrow established the Truth, Reconciliation and Reparations Commission (TRRC) to investigate and document gross human rights violations committed during Jammeh’s regime.
The TRRC collected extensive testimonies from victims, witnesses and perpetrators,
and in its November 2021 report, recommended reparations, institutional reforms and the
prosecution of individuals bearing the greatest responsibility for these atrocities.
Recognising that some crimes, such as torture, cruel and inhumane treatment, and other
international crimes, were not adequately addressed under domestic law, the Gambian government sought to establish an international tribunal.
In October 2022, The Gambia formally proposed a partnership with ECOWAS to create a Special Tribunal that integrates both domestic and international legal frameworks to ensure accountability and justice for victims.
It will be an independent institution, combining elements of both domestic and international law.
The Tribunal will have jurisdiction over international crimes as well as serious violations under Gambian law.
Its structure will include Gambian, ECOWAS and international judges, prosecutors and staff, along with international experts.
Barrow expressed deep gratitude to ECOWAS leaders for ‘approving this monumental decision.’
The Alliance of Victim-led Organisations (AVLO), which had recently submitted a petition to ECOWAS heads of state, also welcomed the decision.
It said in a statement: ‘This is truly a historic and groundbreaking step that would not have happened without our collective commitment to end impunity against human right violations.’
The former Executive Secretary of the TRRC, Baba Galleh Jallow, told Africa Briefing about the approval for setting up the Special Tribunal: ‘I think it has raised hopes among the victims’ community and all well-meaning Gambians that justice will be done.’
The Pan-African Alliance for Transparency and the Rule of Law (PATROL-AFRICA), in welcoming the ‘landmark decision’ to establish the Special Tribunal, said in a statement: ‘The Gambian government of President Adama Barrow has been resolute in trying to bring to justice to the Gambians that were terrorised during the period between July 1994 and January 2017 and were victims of crimes, such as torture, cruel and inhumane treatment, and other
international crimes, that were not adequately addressed under domestic law.
‘Indeed, the partnership between ECOWAS and the Gambian government is historic and both should be commended as it is the first time ECOWAS has partnered with a member state to establish an internationalised tribunal to prosecute crimes of such gravity committed within a member state’s territory.’
The statement added: ‘This development is a clear sign that the regional grouping is taking steps to end impunity in West Africa.
‘ECOWAS has always been at the forefront of bringing peace and stability to the region since its robust interventions in civil wars in Liberia and Sierra Leone in the 1990s and 2000s’
PATROL–AFRICA which focuses on fostering transparency and rule of law on the continent, said it would ‘place its unique and extensive expertise at the disposal of ECOWAS and The Gambian government should its network of experts be required in the setting up of the said Special Tribunal’.
The organisation called for international support for ‘the Gambian people as they embark on this historic journey in pursuit of accountability and rule of law in the Gambia and beyond’.
While based in The Gambia, the Tribunal will have the flexibility to hold proceedings in a third country if required for practical or security reasons.
