The conviction of former Gambian Interior Minister Ousman Sonko in Switzerland for crimes against humanity on 15 May 2024 is historical in many ways. However, the decision by the Swiss Federal Criminal Court’s (FCC) to dismiss all charges of sexual violence casts a shadow over this landmark verdict. Ousman Sonko was found guilty of three murders, multiple acts of torture, illegal deprivations of liberty in conditions amounting to torture, all committed between 2000 and 2016 during the Yahya Jammeh dictatorship. However, the Swiss court failed to hold Ousman Sonko responsible for multiple rapes committed in the early 2000s and in 2006. While confirming that they had taken place, the court ruled that one of the two survivors of rapes could not be considered as part of the civilian population that was under attack and that they were individual acts committed outside the systematic attack against the population. It therefore had no jurisdiction to prosecute them.
TRIAL International believes that the FCC’s reasoning reflects a lack of understanding of the context of over two decades of repression in The Gambia, particularly with regard to sexual violence. The Yahya Jammeh’s regime was characterized by a widespread gender-based violence enabled by a well-conceived policy of protection, normalization and impunity of high-ranking officials, including Ousman Sonko. Although there is a culture of silence around such acts in The Gambia and therefore not many victims come forward for fear of stigma and retaliation, the victims in this case are emblematic examples, and by no means isolated incidents, of this sophisticated system in which sexual and gender-based violence was used as a weapon of repression. As emphasized in the final report of the Truth, Reconciliation and Reparations Commission (TRRC)[1], the grave and repeated acts of sexual violence should not have been read outside the political context of the country at the time.
In the Gambia, The Alliance of Victim-Led Organisation (AVLO), The Women’s Association for Victims’ Empowerment (WAVE) and Women in Liberation and Leadership (WILL) – react in one voice: “Not convicting Ousman Sonko is a big blow to and a setback in the fight for justice for victims and survivors of sexual and gender-based violence (SGBV) and civil society actors working with them in The Gambia. In a context where it is a daily struggle to get victims to come forward, this will push them further into the darkness where impunity will thrive. Regrettably, this could also potentially have an impact on the accountability processes that we are preparing the ground for in the Gambia”.[2]
Indeed, the dismissal of these charges is not only a failure to deliver justice to the two plaintiffs; it is a failure to acknowledge the systemic use of sexual violence as a tool of oppression. The FCC’s decision reinforces the dangerous narrative that sexual violence is a private matter and that it does not enter within the justice-seeking scope of international criminal law. On 15 May 2024, the court missed a critical opportunity to overcome the patriarchal biases that are still present in international case law.
According to Annina Mullis and Caroline Renold, lawyers of the two plaintiffs affected by this decision, “it is yet another example of the general disregard for gender-based and sexualized violence. Instead of recognizing the structural aspects of the widespread sexual and gender-based violence in The Gambia during the rule of Yahya Jammeh, the FCC rejected all evidence requests submitted to demonstrate the systematic nature of SGBV in the country and yet at the same time deemed the charges brought by our clients against the defendant as outside the political. Our clients will of course appeal this decision.”
TRIAL International recalls that this issue remains persistent when it comes to the prosecution of international crimes and that sexual violence and survivors of such acts remain largely invisible in courts, perpetuating a culture of impunity. The organization works tirelessly to ensure justice for victims and survivors of sexual violence, including in Bosnia and Herzegovina and the Democratic Republic of the Congo.
The Organization remains steadfast in its commitment to fight for justice for all survivors of international crimes, including those of sexual violence and will continue to support the plaintiffs in their quest for justice.
[1] The 2021 TRRC final Report, Volume 10: “Sexual and Gender-based violence” is available for download here: https://www.moj.gm/downloads
(Geneva, 15May 2024) – Ousman Sonko, Gambian former Minister of Interior, was convicted today of crimes against humanity by the Swiss Federal Criminal Court (FCC). The FCC found him guilty of multiple crimes committed between 2000 and 2016, under the rule of Gambian ex-President Yahya Jammeh, and sentenced him to 20 years in prison. Mr. Sonko is the highest-ranking official ever convicted in Europe for international crimes under the principle of universal jurisdiction. His was also the second trial for crimes against humanity in Swiss judicial history.
In its verdict delivered today, the FCC found Ousman Sonko guilty of the killing of a perceived political opponent in 2000; of torture and illegal detention in connection with a coup plot in March 2006; of the killing of a politician in 2011 and of deprivations of liberty as well as acts of torture – including one killing – of peaceful demonstrators in 2016. The FCC further ordered Mr. Sonko to pay compensation to the plaintiffs, according to the harm suffered.
Ramzia Diab Ghanim, one of the ten plaintiffs in the case, comments today’s verdict: “This decision gives us the closure we had been waiting for long and shows that there is no hiding place for anyone who perpetrated international crimes in The Gambia, not even the highest-level individuals. However, I am disappointed that the Court failed to recognize that sexual violence is also an attack against us civilians.”
Despite this historic conviction, the Court abandoned all sexual offense charges related to 2000 onwards and 2006. Without judging that they did not take place, the Court considered that, in 2000 onwards, they were isolated from the context of attack directed against the civilian population and thus could not constitute crimes against humanity. The Court also found that electric chocs imposed on the genitals should be not considered as sexual violence but as torture. TRIAL International regrets this decision and will continue to support the plaintiffs, should they decide to appeal these aspects.
Indeed, the parties may contest the judgment by lodging an appeal with the Court of Appeals of the FCC.
The conviction was made possible thanks to Swiss law, which recognizes universal jurisdiction for certain serious crimes under international law, allowing for the prosecution of such crimes, regardless of where they were committed and of the nationality of either suspects or victims.
TRIAL International supported nine plaintiffs who traveled to Switzerland in January 2024 to be heard by the court. As the trial was held in German, the organization has advocated strongly, but largely in vain, for the proceedings to be translated and made accessible to victims and the Gambian population. TRIAL International also ensured the regular publication of summaries of the hearings throughout the proceedings.
“Today’s conviction sets a historic precedent in the fight against impunity worldwide”, stated Philip Grant, Director of TRIAL International. “This verdict not only brings justice to the victims of these heinous crimes but also sends a strong signal to high-level perpetrators across the globe, including ministers: justice can catch up with you”, he added.
This conviction is another step on the long road to justice for all victims of the atrocities committed during Jammeh’s 1994-2016 reign of terror. It was the second trial based on the principle of universal jurisdiction for crimes committed in The Gambia. The first was the case of Bai L., a former member of a paramilitary unit known as the “Junglers”, created by the former president. He was sentenced by a German court to life imprisonment for crimes against humanity in November 2023. Another alleged member of the same death squad, Michael Correa, is scheduled to go on trial in the USA in September 2024. He is charged with torture and conspiracy to commit torture.
Recognizing Ousman Sonko’s role in the abuses committed during Jammeh’s dictatorship not only contributes to reducing impunity for the violations committed in The Gambia during Mr. Jammeh’s regime, but may also spur domestic prosecutions, propelling the transitional justice process initiated in 2017. In December 2021, the final report of The Gambia’s Truth Reconciliation and Reparations Commission’s concluded that Jammeh and 69 of his associates, including Ousman Sonko, had committed international crimes or grave human rights violations and called for their prosecution. The Gambian government published an implementation plan in May 2023. On 22-23 April 2024, the Gambian National Assembly thus passed a Special Prosecutor’s Office Bill and a Special Accountability Mechanism Bill. The Acts will have to be signed by the President before entering into force.
Examination of the March 2006 charges in relation to the persecution of journalists
(acts of torture, false imprisonment and sexual violence committed as crimes against humanity)
As part of an attempted coup d’état in March 2006, Ousman Sonko is being accused, as an accomplice of a group of perpetrators, of having tortured various people, including members of the army, politicians and journalists, of having illegally deprived them of their freedom, as well as of having committed a rape in Banjul, The Gambia.
18 and 22 January 2024 – Days 9 & 11
The plaintiff called to testify has been a Gambian journalist since the 1990s. In the 2000s, he occupied a senior position at national renowned newspaper “The Independent”. In March 2006, The Independent published several articles to report on the attempted coup against Yahya Jammeh’s government.
The plaintiff recalled having been arrested at the end of March 2006. Without explanations on the reasons for his arrest, he was transferred to the National Intelligence Agency’s (NIA) headquarters, where he had to endure terrible acts of torture at the hands of the Junglers. On one occasion, he met Ousman Sonko and NIA staff there.
Upon his release on bail at the end of April 2006, he had to go to several hospitals, but the doctors refused him treatment out of fear, as it was clear that he had been tortured. He consequently fled to Senegal with his pregnant wife. He suffered severe physical and psychological trauma from what he went through. His whole family is traumatized, including his son.
At The Independent, everyone was persecuted, the question was not if someone was going to be arrested but when. According to the plaintiff, torture and tyranny started with the Jammeh regime.
23 January 2024 – Day 12
The plaintiff called to testify is a Gambian journalist since the 1990s. In 2006, he was occupying a senior position at the national renowned newspaper “The Independent” as well as within the Gambia Press Union (GPU). He was arrested at the end of March 2006, after the newspaper published several critical articles, discussing the coup attempt against Yahya Jammeh. In 2017 and 2022, he was elected as a parliamentarian for the UDP Party.
The police officers who arrested him at his workplace, first drove him to the Police Intervention Unit’s headquarters, where he saw many of his colleagues. He was then brought to the National Intelligence Agency, where he was detained for several weeks and interrogated about the articles he wrote. He suffered physical injuries and psychological trauma from the violence he went through.
At some point, he was taken before a panel, including Ousman Sonko, then Inspector General of Police (IGP). He was explained that he was targeted as journalist, especially one working for this newspaper.
At the time, the political situation was terrible. According to the plaintiff, The Gambia was hell between 1994 and 2016: Jammeh was a tyrant, justice was selective and unfair, the parliament was not free.
Procedural highlight
Upon hearing’s resumption on 23 January 2024, the defense filed a written affidavit from Ousman Sonko’s former wife dated 22 January 2024. According to the defense, this document highlights the accused’s personality especially in private.
The Prosecutor argued that the document was irrelevant for the defense but would not oppose to include it in the casefile if it was important to the accused.
The plaintiffs deferred to the court as to the admission of this document in the proceedings, however stressed that it had no significance in Swiss legal practice and that hearing her as witness was neither necessary nor recommended given her proximity to the accused and defense team and her attending of the trial.
The Court accepted the document into the casefile.
Interrogation of Ousman Sonko on the examination of the March 2006 charges
(acts of torture, false imprisonment and sexual violence committed as crimes against humanity)
23 January 2024 – Day 12
Ousman Sonko was called to testify and confronted with the outcome of the investigation as well as to the plaintiffs’ additional statements made before the Court, with regards to the above-mentioned charges.
The accused explained that the Gambian police was a respected force. He repeated that he only had non-operational duties as Inspector General of Police (IGP) and that the National Intelligence Agency (NIA) was never under his control. All investigative panels were set under the NIA and upon Yahya Jammeh’s orders. He contested the TRRC’s conclusions stating that he was responsible, as IP, for the torture of people allegedly involved in the coup attempt.
Amongst other statements, the accused affirmed that, on 21 March 2006, he was a member of the investigative panel for the first time, only as an observer, when the interrogations had already started. He visited it once or twice. His presence was required to release people, apologize for their arrest and detention. He had no knowledge of any acts of torture and it was not in his power to prevent them.
23-24 January 2024 – Days 12-13: Evidence requests, procedural decision and trial suspension until March 2024
The 23rd of January 2024 marked the termination of all the parties’ hearings. In accordance with the procedural code, the parties were then given the opportunity to request additional evidence.
The Prosecutor and the plaintiffs recalled that several persons could still be heard to prove the existence of a system of repression in The Gambia in the 2000s, and that the casefiles of two recent Gambian cases in other countries could be added as evidence.
The defense criticized TRIAL International’s support of the plaintiffs as well as the independence of the lawyers vis à vis the organisation.
On 24th of January 2024, the parties were invited to reply.
The defense’s arguments against TRIAL International were considered to be diversionary tactics, who withdrew its request.
The Court accepted some evidence material into the casefile.
However, the hearings of additional witnesses were rejected. It also refused to include documents from other cases and rejected all the requests of the defense.
The Court informed the parties that the phase of presentation of evidence is closed and that the closing arguments will take place during the reserve week of 4-8 March 2024. (date subject to change)
>> This summary of the third week of the proceedings of the Ousman Sonko’s trial, lists the most important points discussed during the hearings. TRIAL International does its best to summarize as accurately as possible what was said. The organization cannot be held responsible for any errors or omissions. <<
(15-19 January 2024, Federal Criminal Court, Bellinzona, Switzerland)
Examination of Ousman Sonko’s responsibility over Baba Joe’s murder in 2011
Ousman Sonko is accused of having intentionally killed Baba Jobe – a former member of the National Assembly – in Banjul in October 2011, in complicity with a group of perpetrators. He contested all the charges brought against him in relation to this event.
> Ousman Sonko contested all the charges brought against him in relation to this event.
A witness, who was heard during the investigative phase by the Swiss prosecuting authorities in 2021 in The Gambia, was called to testify upon the prosecution’s request. He was a prison guard (assistant to David Colley, General Director of prisons, at Mile 2 prison) and was responsible for guarding prisoner Baba Jobe, who was hospitalized in October 2011.
He confirmed that, upon orders from his superior, he granted a group of Junglers access to Baba Jobe’s hospital room, who subsequently killed him.
The witness also stated that inmates were picked up in Mile 2 prison, mostly by Junglers, and that when they were brought back it was clear that they had been tortured.
The witness recalled that David Colley, his superior, would provide day-to-day reports to Ousman Sonko every morning over the phone, which was denied by the accused. He did not admit either to having given any order about Baba Jobe’s murder to Colley.
15-17 January 2024 – Days 6 to 8
Examination of Ousman Sonko’s responsibility over the deprivation of liberty, torture and cruel detention conditions of protesters from April 2016 onwards
Ousman Sonko is being accused, in complicity with a group of perpetrators, of having tortured several political opponents and illegally depriving them of their liberty in the context of a political demonstration organized in April 2016 in Banjul. Within this context, Ousman Sonko is in particular suspected of having tortured and then killed one of the organizers of the demonstration.
> Ousman Sonko contested all the charges brought against him in relation to the torture, the deprivation of liberty and the cruel detention conditions of protestors in April 2016.
The plaintiffs and the Prosecutor requested witnesses to testify, who had both testified before the TRRC in 2020.
During the hearing, the first witness – requested by the plaintiffs –, who was a prison guard, confirmed that he had worked in the Mile 2 jail under Jammeh’s presidency, where he was himself imprisoned later. Mile 2 was not a clean place, where air did not circulate well. The little food detainees received was making them sick. In the security wing of Mile 2, political detainees were not detained at the same place as other inmates. The witness heard that the Junglers and the NIA had access to detainees. They allegedly came during the night so that no one would know what was going on. The witness confirmed having seen acts of torture being committed in Mile 2 when he was himself detained. He added that he had never seen Ousman Sonko in prison.
The second witness – requested by the Prosecutor –, was among the protesters arrested during the demonstration that took place on 14 April 2016. He declared having seen Ousman Sonko as well as other security officials at the NIA. There, the arrestees were strongly beaten and pressured into signing pre-written statements. He was then imprisoned. The witness then detailed the acts of torture and humiliations the arrestees went through. He personally also had to endure acts of a particular cruelty.
He was then brought before a panel which included Ousman Sonko, the MA Director and the NIA Director of Operations. Before this panel, visibly injured, he was again threatened. He was then transferred to other prisons, where he was ill-treated, without medical treatment and often without access to a lawyer or his family.
On the political and human rights’ context in The Gambia, the witness explained that, under Yahya Jammeh, opposition members or journalists would either be imprisoned or forced to leave the country. The judicial power was under the influence of the President and proceedings were partial.
Procedural highlight
The filing of additional material related to the illegal execution of nine Mile 2 inmates in 2012 (Gambian newspaper articles, videos, etc.) was discussed at the resumption of the hearing. In the Prosecutor and the plaintiffs’ views, this material supports the fact that a systematic and planned policy of oppression had been set up by the Gambian authorities. The material highlights the interaction amongst various state actors – and particularly the role of Ousman Sonko – within Yahya Jammeh’s government to implement the policy. The defense argued, that the filing of the material should be rejected as the inmates’ executions at stake were lawful, hence, cannot be the demonstration of a systematic or generalised attack against the civilian population.
> The Court subsequently ruled in favor of the plaintiffs and the prosecutor by accepting to add new evidence to the casefile.
17 and 18 January 2024 – Days 8 and 9
Examination of Ousman Sonko’s responsibility over the deprivation of liberty, torture and cruel detention conditions of protesters from April 2016 onwards as crimes against humanity
Ousman Sonko is being accused, in complicity with a group of perpetrators, of having tortured several political opponents and illegally depriving them of their liberty in the context of a political demonstration organized in April 2016 in Banjul. Within this context, Ousman Sonko is in particular suspected of having tortured and then killed one of the organizers of the demonstration.
First, two plaintiffs were called to provide their statements.
Both plaintiffs who were called to testify in relation to the April 2016 events are former members of the UDP (opposition party under Jammeh), who were strongly engaged in the activities of the party from an early age.
They were arrested and subsequently tortured in April 2016 and kept in detention for several months afterwards.
The first plaintiff to testify explained being arrested in April 2016 and brought to the Police Intervention Unit headquarters (PIU HQ) along with others. She was then taken to Mile 2 prison and to the National Intelligence Agency (NIA)’s premises. She described the torture and humiliation she went through as well as detailed the squalid detention conditions. Detained political opponents were treated like animals. She still suffers from severe physical damages.
The second plaintiff to testify explained that she was arrested on 14 April 2016 and taken to the PIU’s HQ, where she was hurt and humiliated. Along with other arrestees, she was brought to Mile 2 and then to the NIA premises. There, she was blindfolded and submitted to torture. During her time in Mile 2 she didn’t have access to a doctor or a lawyer and detention conditions were very poor.
A third plaintiff, who endured similar offenses in April 2016 onwards, had been fighting for justice in the proceedings against Ousman Sonko for several years. Indeed, in June 2017, she filed a complaint against him in Switzerland for the acts of torture she endured back then. Sadly, she passed away before having been able to tell her story before the Court.
Subsequently, Ousman Sonko was called to testify on the 14 April 2016 events.
He denied having been present at the Police Intervention Unit’s headquarters or taken part in the investigation panel at the NIA. He reiterated that the Junglers had not been under his supervision.
Notes that seem to be incriminating evidence were found in his suitcase by the police in 2017. He stated that the content was only partly true, even if he admitted it was his handwriting.
Further, he stated that in April 2016 protesters were not arrested because of their political opposition but because the demonstration had taken place illegally. So, the arrests were merely a security matter.
While he recognized the bad detention conditions at the time, Ousman Sonko repeated that he had done everything in his power to improve them during his term as Minister. He was not aware of any sexual assaults and apologized for any inconvenience their detention conditions might have caused the plaintiffs. He reiterated that he was never ordered to shoot at protesters and would not have followed such an order.
Day 10: Trial suspended until Monday 22 January 2024
After the hearing of Ousman Sonko on 18 January 2024, a plaintiff was called to provide a statement on his arrest and torture in 2006. His hearing was scheduled to continue on 19 January 2024.
The defense informed the Court and the parties that it would be unable to represent his client on the following day. Because the trial cannot continue without the presence of the defense, the Court suspended the proceedings and informed the parties they would resume on Monday 22 January 2024, 08:30 (CET). As a result, the remaining plaintiffs will have to be questioned next week, therefore the Court agreed that their stay be extended.
The other plaintiffs who were supposed to leave Switzerland on 20 January 2024 – as they already testified – would not have been able to hear the accused’s further questioning next week without finding additional means to extend their stay. Nevertheless, it remains unclear whether the Court will eventually refund them, entirely or even at all.
With regards to victims’ access to justice, TRIAL International strongly believes that the plaintiffs’ attendance of Ousman Sonko’s hearing and confrontation with the facts at stake can contribute to their healing process as well as provide each and everyone of them with the closure they have been awaiting for years now.
TRIAL International reiterates that the plaintiffs should have been invited, and their costs covered, to attend the full length of the trial in the first place, as victims’ participation to these trials is of utmost importance and aligns with the principle of universal jurisdiction, which allows victims to be heard before foreign jurisdictions on the serious crimes they have suffered.
>> This summary of the second week of the proceedings of the Ousman Sonko’s trial, lists the most important points discussed during the hearings. TRIAL International does its best to summarize as accurately as possible what was said. The organization cannot be held responsible for any errors or omissions. <<
(8-12 January 2024, Federal Criminal Court, Bellinzona, Switzerland)
The trial of Ousman Sonko opened on 8 January 2024 before the Swiss Federal Criminal Court (FCC). A panel of three judges is examining the former Gambian Minister of Interior’s responsibility over the numerous crimes against humanity that he is accused of having committed between 2000 and 2016, under the regime of former President Yahya Jammeh.
During the three-weeks trial, Ousman Sonko will be represented by a defense team of four. Nine plaintiffs are heard over two weeks. They are represented by their lawyers and supported by TRIAL International, who filed the criminal denunciation against Ousman Sonko in 2017.
On the first day, the hearing touched upon procedural and organizational questions. Within this framework, the defense argued that Switzerland had no jurisdiction over the crimes that Ousman Sonko is accused of having committed between 2000 and 2006 and that these alleged crimes were time-barred. The defense team also requested for numerous evidence material to be removed from the casefile on procedural grounds.
As a response, the Federal Prosecutor and the plaintiffs’ lawyers recalled that the Swiss case law is in favor of the prosecution.
In Switzerland, “(…) a perpetrator can be prosecuted and punished for crimes against humanity committed before 2011 until the end of his or her life, regardless of the passage of time.” (Federal Prosecutor’s pleading of 8 January 2024)
In addition, the plaintiffs’ lawyers requested that the charges be examined as aggravated, considering the high number of persons affected and the particularly cruel nature of the facts to be judged.
Both parties requested for all of the proceedings to be translated in English.
9 January 2024 – Going forward with the case
The proceedings resumed with the Court ruling that the trial would first examine the substance and, once it has established whether crimes against humanity were committed or not, it will consider the parties’ arguments regarding its jurisdiction and the statute of limitations.
The Court then ruled that the challenged evidence material had been collected in compliance with the law by prosecuting authorities and that, as a result, the casefile would remain as it is.
Regarding the translation of the proceedings, the Court explained that the English interpretation would not be provided for the parts of the trial that it considers non-essential for the parties.
After those issues were clarified, the Court proceeded with the substance of the case.
As prescribed by law, the Court reminded Ousman Sonko of the accusations pending against him. He was then asked to answer questions on his personal situation. He stated that the seven years of pre-trial detention had been the worst time of his life, mentioning that his health deteriorated and that the financial situation of his family had worsened.
In an open statement, Ousman Sonko reaffirmed that he was not guilty of the crimes he is accused of. He assured that he has always been loyal to his country and served it as best as he could, trying to improve prison conditions and professionalize the work of security forces and police. He claimed to have no knowledge of any ill-treatment in the security wings of Gambian prisons.
Ousman Sonko then criticized Swiss authorities:
“Switzerland is not in a position to lecture anyone on human rights.” (Ousman Sonko – Open statement of 8 January 2024)
10 January 2024 – Examination of the 2000s charges
(murder of Almamo Manneh and multiple rapes as crimes against humanity)
“Ousman Sonko is being accused of having participated in the murder of Almamo Manneh, former member of the State Guards, in January 2000 and, of having sexually assaulted his widow between the years 2000 to 2002 as well as having tortured, raped and sequestrated her in 2005.” (Indictment filed against Ousman Sonko on 17 April 2023)
On the third day of the trial, Almamo Manneh’s widow was heard by the Court. Sonko was placed in a separate room, to avoid a direct confrontation with him during her interrogation. She explained how Sonko severely and repeatedly abused her. She noted that from the mid-1990s, it was hell for Gambians who opposed the Government. Following her testimony at the TRRC, she had been contacted by many women who had also been sexually assaulted but who were scared to report the assaults.
When questioned about Almamo Manneh’s murder, Sonko explained that he was bound by professional secrecy and could not comment further. Regarding the rape and torture allegations, he affirmed that he was not in the country at the time of the events, as he was travelling for a UN engagement and only came back once to The Gambia for a break. The Court informed the parties that it was waiting for the UN to confirm this information.
10-12 January 2024 – Examination of the March 2006 charges – continued
(acts of torture, false imprisonment and sexual violence committed as crimes against humanity)
“As part of an attempted coup d’état in March 2006, Ousman Sonko is being accused, as an accomplice of a group of perpetrators, of having tortured various people, including members of the army, politicians and journalists, of having illegally deprived them of their freedom, as well as of having committed a rape in Banjul, The Gambia.” (Indictment filed against Ousman Sonko on 17 April 2023)
During three days, three plaintiffs provided an account of the acts of torture they had been submitted to within the frame of an investigation conducted on an alleged coup attempt in March 2006.
Ousman Sonko contested all the charges brought against him in relation to these events. He will be heard at a later stage regarding these events.
The first plaintiff to address the Court recalled his arrest on 21 March 2006, when he was violently interrogated and submitted to acts of torture at the National Intelligence Agency (NIA) on several occasions. As a result, he still suffers from serious physical and mental after-effects. The plaintiff also recalled that the members of an investigation panel set up at the premises of the NIA – including Ousman Sonko – knew very well that people were being tortured within the frame of this investigation.
“At the time, the country was under extreme dictatorship. People were arrested and imprisoned without being brought before court. Others disappeared. People were living in constant fear.” (Plaintiff’s statement regarding the Gambian context, 10 January 2024)
The second plaintiff to give a statement explained that she was arrested on 24 March 2006 and detained, then brought to the premises of the NIA. She found herself in a room where many people – amongst whom Ousman Sonko and the former vice-director of the NIA – were sitting. She was interrogated on the attempted coup that was suspected to have taken place. During her presence at the NIA, she was raped, humiliated and tortured. Following these horrific events, she was put in jail, where she remained for several weeks – along with other people.
In October of the same year, she was arrested again at her home and imprisoned. Eventually, she was released.
The plaintiff mentioned the physical and mental impacts these acts had on her since then.
“The Gambian judicial system was accomplice to the government, within which judges were answering to the orders of the President.” (Plaintiff’s statement regarding the Gambian context, 11 January 2024)
The third plaintiff confirmed he had been kidnapped form the Parliament in March 2006. Taken to the NIA premises on several occasions, he had been questioned on his suspected role in the alleged coup attempt. He was submitted to acts of torture on several occasions and pressured to sign a statement. He suffered important physical and psychological consequences from the acts of torture he had endured and remains affected in his daily life ever since.
“I have been subjected to heinous crimes and humiliation that I never thought a man could do to another one!” (Plaintiff’ statement regarding the Gambian context, 11 January 2024)
>> This summary of the first week of the proceedings of the Ousman Sonko’s trial, lists the most important points discussed during the hearings. TRIAL International does its best to summarize as accurately as possible what was said. The organization cannot be held responsible for any errors or omissions. <<
Gambian Ex-Minister Sonko Faces Crimes Against Humanity Charges
(Geneva, January 5, 2024) – The opening of a Swiss trial on January 8, 2024, for serious crimes committed in The Gambia represents a significant advance for justice for the victims of grave abuses, Gambian and international groups that are part of the Jammeh2Justice campaign said today.
The former Gambian Interior Minister Ousman Sonko is charged with crimes against humanity relating to torture, kidnapping, sexual violence, and unlawful killings between 2000 and 2016 under then-President Yahya Jammeh. Jammeh’s 22-year rule was marked by systematic and widespread human rights violations, such as arbitrary arrests, torture including sexual violence, extrajudicial killings, and enforced disappearances of actual and perceived opponents to his rule.
“The trial of Ousman Sonko is another major step in the search for justice for victims of brutal crimes and their families committed under Jammeh’s rule,” said Sirra Ndow, coordinator of the Jammeh2Justice campaign. “The Sonko case should reinforce efforts back in The Gambia to try crimes under Jammeh’s rule so that perpetrators are held to account for the atrocities committed.”
Sonko was arrested in Bern, Switzerland on January 26, 2017, the day after TRIAL International filed a criminal complaint against him. The Office of the Attorney General of Switzerland filed an indictment against Sonko before the Federal Criminal Court on April 17, 2023. The trial, taking place in the city of Bellinzona, is expected to last about three weeks.
The trial is possible because Swiss law recognizes universal jurisdiction over certain serious international crimes, allowing for the prosecution of these crimes no matter where they were committed and regardless of the nationality of the suspects or victims. Swiss nongovernmental organizations, former federal prosecutors, members of parliament, and others have previously criticized judicial officials in Switzerland for lagging behind other European countries on universal jurisdiction cases despite having solid legislation to address serious crimes.
“With Sonko’s trial, Switzerland appears at last to be gaining momentum on prosecuting atrocity crimes committed abroad,” said Philip Grant, executive director at TRIAL International, which supports plaintiffs in the case. “Sonko is the highest-level former official to be tried under the principle of universal jurisdiction in Europe.”
Sonko is the second person to be tried in Switzerland before a non-military court for serious crimes committed abroad, the second person to be tried in Europe for crimes committed in The Gambia, and the highest ranked official to be prosecuted in Europe on the basis of universal jurisdiction. Gambian activists and survivors, and international advocates will attend the trial’s opening in Bellinzona and are available for comment. The first case addressing crimes committed in The Gambia was in Germany against Bai Lowe, a former member of the paramilitary unit known as the “Junglers,” which Jammeh created. Lowe was convicted and sentenced to life in prison by a German court on November 30, 2023, for two murders and an attempted murder, constituting crimes against humanity.
A major challenge will be to ensure that Gambians, whether in the audience or outside the courtroom, can access, follow, and understand the proceedings, which will be conducted in German. Survivors, victims’ groups, and civil society groups have tried to ensure that information on developments is disseminated within The Gambia to increase their impact.
“Developments in the proceedings of such a significant case should be made accessible to Gambians, victims and non-victims alike, in the English language, which they understand, thereby boosting their interest in the trial,” said Fatoumata Sandeng, a plaintiff in the Sonko case who heads the Solo Sandeng Foundation. “Greater action on accountability by the government back home in Gambia is also needed.”
Since Jammeh’s fall, The Gambia has moved forward with only two prosecutions for Jammeh-era crimes. In December 24, 2021, the final report of Gambia’s Truth Reconciliation and Reparations Commission(TRRC) found that Jammeh and 69 of his associates committed crimes against humanity, and called for their prosecution. On May 25, 2022, the Gambian government accepted the TRRC’s recommendation for accountability, but without an action plan.
On May 12, 2023, the government presented a long-awaited detailed implementation plan calling for the creation of a Special Prosecutor’s Office to complete the investigations initiated by the TRRC and to prepare case-ready dossiers. A hybrid tribunal of Gambia and the Economic Community of West African States (ECOWAS) would be created to carry out prosecutions of the most serious offenses. The Gambia and ECOWAS have created a joint technical committee to develop the hybrid court.
“The Gambian government and ECOWAS should move without delay to create the hybrid court,” said Elise Keppler, associate international justice director at Human Rights Watch. “Victims and the Gambian public have waited a very long time to have the chance to see justice done.”
Groups involved with the campaign include: Africa Center for International Law and Accountability (ACILA), African Network Against Extrajudicial Killings and Enforced Disappearances (ANEKED), Amnesty International–Ghana, Center for Justice and Accountability (CJA), Commonwealth Human Rights Initiative (CHRI), Gambia Center for Victims of Human Rights Violations, Ghana Center for Democratic Development (CDD-GHANA), Human Rights Advocacy Center, Human Rights Watch, International Commission of Jurists, Institute for Human Rights and Development in Africa (IHRDA), Media Foundation for West Africa (MFWA), POS Foundation, Right 2 Know–Gambia, Solo Sandeng Foundation, The Toufah Foundation, TRIAL International, and Women’s Association for Victims’ Empowerment (WAVE).
For Human Rights Watch, in New York, Elise Keppler (English, French): +1-917-687-8576 (mobile); or kepplee@hrw.org. Twitter: @EliseKeppler
For TRIAL International, in Geneva, Vony Rambolamanana (English, French, German): +33-66 -48-80-305 (mobile); or media@trialinternational.org. Twitter: @trial
For ANEKED, in New York, Nana-Jo Ndow (English, French, Spanish, Portuguese): +1-929-684-5734 (mobile); or nanajo.ndow@aneked.org. @theANEKED
For International Commission of Jurists, in Barcelona, Reed Brody (English, Spanish, French, Portuguese): +1-917-388-6745 (mobile); or reedbrody@gmail.com. Twitter: @reedbrody
For Solo Sandeng Foundation, in Germany, Fatoumatta Sandeng (English, German, Mandinka, Wollof) +49-16-31-74-75-19 (mobile); or solosandengfoundation@gmail.com. Twitter: @solosandengfound
(Geneva, 4January 2024) – The trial of Ousman Sonko, former Gambian Minister of Interior, will open before the Swiss Federal Criminal Court on 8January 2024 and last until 30January. Ousman Sonko is accused of multiple counts of crimes against humanity, allegedly committed under the regime of former Gambian President Yahya Jammeh. TRIAL International filed the criminal complaint against Ousman Sonko in January2017.
Frontpage of Gambian national media reporting about Ousman Sonko’s trial in Switzerland.
The Swiss prosecuting authorities have charged Mr. Sonko with a range of heinous acts: the killing of a political opponent in 2000; acts of sexual violence between 2000 and 2002, as well as in 2005; involvement in torture and illegal detention related to a coup plot in March 2006; and the murder of a politician in 2011. The Office of the Attorney General also accuses Ousman Sonko of having co-perpetrated deprivation of liberty and acts of torture of peaceful demonstrators in 2016, when he was Minister of the Interior. These acts have been qualified by the Swiss prosecutor as crimes against humanity.
“This trial is a significant moment in Swiss judicial history, being only the second trial for crimes against humanity in the country. Ousman Sonko will also be the highest-ranking state official ever to be tried for international crimes under the principle of universal jurisdiction in Europe”, said Leslie Haskell, President of TRIAL International. Under this principle, States have the possibility to prosecute the perpetrators of international crimes on their territory, regardless of where the crimes were committed or the nationality of the perpetrators and victims.
TRIAL International is supporting nine plaintiffs who will travel all the way to Bellinzona to be heard by the court. Unfortunately, a tenth passed away in October 2023, due to lasting consequences of her mistreatment at the time. This trial shines a beacon of hope for victims of the atrocities committed during Jammeh’s 1994-2016 reign of terror. On 30 November 2023 already, a former member of a paramilitary unit known as “Junglers”, created by the former President, was sentenced by a German court to life imprisonment for crimes against humanity, in relation to two murders and an attempted murder. Another alleged member of the same death squad, Michael Correa, is scheduled to stand trial in Denver, USA, in September 2024. He faces charges of torture and conspiracy to commit torture.
“While the transitional justice process in The Gambia remains too slow, these trials in Germany and Switzerland are finally providing the closure that the victims have been waiting for too long now”, said one of the plaintiffs, whose identity remains hidden at this stage. Indeed, a possible recognition of Ousman Sonko’s role in the abuses committed during Jammeh’s dictatorship will not only contribute to reducing impunity for the violations that took place in The Gambia during Mr. Jammeh’s regime, but may also spur domestic prosecutions, propelling the transitional justice process initiated in 2017.
The proceedings will be in German and open to the public and the media. However, there will be no interpretation provided other than when the defendant, the victims and English-speaking witnesses will take the stand. TRIAL International expresses regret over this decision, which will limit the ability of plaintiffs, journalists and the Gambian community to fully comprehend and report on the proceedings. Upholding the principle that “justice must not only be done but be seen to be done,” TRIAL International advocates for meaningful access to such a historic trial for victims and the affected Gambian communities.
(Geneva, 28 December 2023) – The trial of former Algerian Defence Minister Khaled Nezzar will take place in Bellinzona between 17June and 19July 2024, according to information recently received by TRIAL International. Twelve years after the criminal complaint filed by TRIAL International against him, and following tumultuous proceedings, Nezzar will have to face charges of war crimes and crimes against humanity brought against him by the Office of the Attorney General (OAG) of Switzerland.
The opening of the trial is a crucial moment in the proceedings that began on 20 October 2011 with the arrest of Khaled Nezzar in Geneva, following a criminal complaint filed by TRIAL International. The five victims who joined the case as plaintiffs had to wait until 28 August 2023 for an indictment to be issued by the OAG. The OAG accuses the former Algerian general of having committed war crimes, namely torture, inhuman treatment, arbitrary detentions and convictions, as well as killings as crimes against humanity, while he was the strongman of the High Council of State and served as Minister of Defence. These acts allegedly took place between January 1992 and January 1994, during the first years of the “Black Decade”, the Algerian civil war.
“We welcome the fact that a trial will open soon,” declared Vony Rambolamanana, Senior Legal Advisor at TRIAL International’s International Proceedings and Investigations Program. “Unfortunately, the road to justice for the victims that our organisation supports is still full of obstacles. The age and health conditions of the accused, who returned to Algeria in2020 after a long exile, could even jeopardise the holding of the trial“, she continued.
An amnesty law in Algeria guarantees complete impunity for the atrocities committed by all parties to the conflict. The trial of Khaled Nezzar, who will be one of the most high-ranking officials ever tried anywhere on the basis of universal jurisdiction, represents the last hope of holding to account one of the key players in the conflict that opposed the Algerian government and various armed Islamist groups, leaving nearly 200,000 people dead or missing.
Ousman Sonko is accused of multiple counts of crimes against humanity, allegedly committed between 2000 and 2016, during the rule of former Gambian dictator Yahya Jammeh.
This will be the second trial for crimes against humanity in Swiss judicial history. Moreover, Ousman Sonko will be the highest-ranking state official ever to be tried for international crimes in application of the principle of universal jurisdiction in Europe.
The trial of Ousman Sonko will open on Monday 8 January 2024 before the FCC, situated in Bellinzona, Ticino, Switzerland. It is planned to last until 30 January, with a week reserve time between 4-8 March 2024.
The proceedings will be in German and open to the public and journalists within the limits of the available courtroom space.
We use cookies to ensure that we give you the best browsing experience on our website. If you continue to use this site we will assume that you are happy with it.OkPrivacy
