Germany Tries Crimes Against Humanity Committed in Gambia – Universal Jurisdiction Advances Justice For Victims
Berlin, April 21, 2022.
The opening of the first German trial for serious crimes committed in Gambia is a major step for justice, Human Rights Watch, the International Commission of Jurists, Reporters Without Borders, and TRIAL International said today. The groups released a question-and-answer document on the trial, which opens on April 25, 2022, and will hold an online briefing on April 21.
The trial of Bai L., an alleged member of the “Junglers”, a paramilitary unit also known as the “Patrol Team”, set up by then-president Yahya Jammeh in the mid-1990s, will take place in the German city of Celle. Jammeh’s 22-year rule was marked by systematic oppression and widespread human rights violations, including torture, extrajudicial killings, enforced disappearances, and sexual violence against actual and perceived opponents to Jammeh’s rule. German prosecutors accuse Bai L. of being a former Junglers driver involved in the attempted murder of Ousman Sillah, a lawyer; the murder of Deyda Hydara, a journalist; and the murder of Dawda Nyassi, a perceived opponent of the former president.
“I want to see justice done for my father and for all the others who were victimized by Yahya Jammeh and his security forces,” said Baba Hydara, son of Deyda Hydara and a joint plaintiff in the trial. “Everyone involved in the murder of my dad will face justice, and we won’t stop until each one of them is brought to a court of law.”
The question-and-answer document provides:
- background information on the accused,
- description of the charged crimes,
- explanation of universal jurisdiction in Germany,
- details on accountability efforts in Gambia to hold those responsible for serious crimes to account, and
- the significance of the case for victims and international justice.
This trial is possible because Germany recognizes universal jurisdiction over certain serious crimes under international law, allowing for the investigation and prosecution of these crimes no matter where they were committed, and regardless of the nationality of the suspects or victims.
German authorities have been leaders in conducting prosecutions on the basis of universal jurisdiction, the groups said. In January, a German court convicted a former Syrian intelligence officer for crimes against humanity and sentenced him to life in prison in a first case of this kind.
Bai L. has been in pre-trial detention in Germany since his arrest in March 2021.
*Human Rights Watch and International Commission of Jurists staff as well as victims’ groups will be on the ground in Celle on April 25, 2022 and available for comment on the trial.*
*The groups are holding a virtual briefing via Zoom, to discuss the Bai L. case as well as the wider efforts to seek accountability for the crimes of the 1994-2017 Yahya Jammeh government.*
Thursday April 21 17.00 – 18.30 CET (15.00-16.30 GMT)
https://us02web.zoom.us/j/86339443468?pwd=WDRESTVQM05tcTNNZjdKVzN0RXVUdz09
Password: Justice
For the question-and-answer document on the German trial against Bai L., please visit: https://www.hrw.org/news/2022/04/21/first-german-trial-crimes-gambia
For more Human Rights Watch reporting on Yahya Jammeh, please visit: https://www.hrw.org/tag/yahya-jammeh
For more Human Rights Watch reporting on international justice, please visit: https://www.hrw.org/topic/international-justice
For more Human Rights Watch reporting on Gambia, please visit: https://www.hrw.org/africa/gambia
For more information, please contact:
In New York, Balkees Jarrah (English, Arabic): +1-202-841-7398 (mobile); or jarrahb@hrw.org. Twitter: @balkeesjarrah
In Abuja, Mausi Segun (English): +1-646-207-4264 (mobile/WhatsApp); or segunm@hrw.org. Twitter: @MausiSegun
In Berlin, Wolfgang Buettner (English, German): +49-17-180-226-83 (mobile); or buettnw@hrw.org. Twitter: @w_buettner
In Cologne, Whitney-Martina Nosakhare (English, German): +49-16-337-010-60 (mobile); or nosakhw@hrw.org. Twitter: @nosakhw
In Paris, for the ICJ: Reed Brody (English, French, Spanish, Portuguese), +1-917-388-6745 reedbrody@gmail.com. Twitter: @reedbrody
In Geneva, Babaka Mputu (English, French, German): b.mputu@trialinternational.org
