ECOWAS court to prosecute former Gambian President Jammeh for gross human rights violations

According to reports, Jammeh’s reign was marked by egregious human rights violations, including extrajudicial killings, torture, sexual violence, enforced disappearances, and the infamous 2005 massacre of over 50 West African migrants, nine of whom were Nigerian citizens.

The Economic Community of West African States (ECOWAS) has approved the establishment of a Special Tribunal to prosecute former Gambian President Yahya Jammeh and his associates for atrocities committed during his 22-year regime.

CABS World News gathered that the decision was reached during the 66th Session of the ECOWAS Heads of State and Government, held in Abuja on December 15, 2024.

Renowned Nigerian human rights lawyer, Mr. Femi Falana (SAN), hailed the move, describing it as a “serious warning to other military and civilian dictators.”

He noted, “The Tribunal is empowered to ensure justice and accountability for gross atrocities and human rights abuse committed between July 1994 and January 2017 under the repressive regime of Ex-President Yahya Jammeh.”

Jammeh’s reign was marked by egregious human rights violations, including extrajudicial killings, torture, sexual violence, enforced disappearances, and the infamous 2005 massacre of over 50 West African migrants, nine of whom were Nigerian citizens.

His “Jungulars,” a notorious state-sponsored death squad, carried out many of these crimes, while Jammeh himself is accused of running a fake HIV/AIDS treatment program that led to numerous deaths.

“After two-and-a-half years of public hearings and investigations, the Truth Reconciliation and Reparations Commission (TRRC) confirmed that no fewer than 240 people were murdered by state agents under his rule,” Mr. Falana stated.

The Gambian government, led by President Adama Barrow, issued a White Paper endorsing the Commission’s findings. With the establishment of this Special Tribunal, the demand for Jammeh’s trial by the International Criminal Court will cease.

“This is the first time ECOWAS has partnered with a member state to establish an international tribunal to prosecute such crimes,” Falana noted, emphasizing the Tribunal’s historic significance.

Since his ousting in December 2016, Jammeh has lived in exile in Equatorial Guinea. He is now expected to be extradited to The Gambia to face charges, including murder, kidnapping, torture, and sexual violence.

The tribunal’s formation follows the May 15, 2024, landmark conviction of Ousman Sonko, a former minister under Jammeh, by a Swiss court for crimes against humanity. Sonko’s 20-year sentence sent ripples through the international legal community and set a precedent for accountability.

Mr. Falana praised the Gambian Bar Association, led by Mr. Salieu Taal, for its pivotal role in operationalizing the Tribunal. “This is a unique example of a Bar Association proactively leading efforts to ensure justice and accountability for victims of gross human rights abuse,” he said.

The establishment of the Special Tribunal marks a significant step toward justice for the victims of Jammeh’s regime and reinforces ECOWAS’ commitment to upholding human rights and the rule of law across the region.