|T O P I C R E V I E W
||Posted - 24 Dec 2021 : 19:05:32
FINDINGS ON CRIMINAL LIABILTY EMANATING FROM THE TRUTH RECONCILIATION AND REPARATIONS COMMISSION
1. Following the conclusion of the Truth Reconciliation and Reparations Commission’s (TRRC) work and the submission of its final report to his Excellency the President, The TRRC’s findings with regards to Criminal Liability for human rights violations and abuses are as follows:
i. All members of the Junta comprising Lt. Yahya AJJ Jammeh, Lt. Sana B. Sabally, Lt. Edward Singhatey, Lt. Sadibou Hydara, Lt. Yankuba Touray, and Lt. Peter Singhatey including their orderlies Private Baboucarr Njie aka Njie Ponkal, JCB Mendy, Mustapha Touray (Churro), Lamin Marong, Lamin Senghore (Pa Senghore/Assassin), Private Zackaria Darboe, Ensa Mendy and Jali Madi Suso are responsible for the torture and inhumane treatment of Capt. Momat Cham, AIG Ebrima Chongan and RSM Baboucarr Jeng at Mile II Central Prison on September 6, 1994.
ii. Sanna Sabally and JCB Mendy are responsible for the torture of Political prisoners after 1994 coup particularly O.J Jallow. Yahya Jammeh also bears criminal responsibility for these crimes due to his failure as Commander in Chief to investigate and punish the perpetrators.
iii. Capt. Yahya Jammeh, Capt. Sanna Sabally, Capt. Edward Singhatey, Capt. Sadibou Hydara, Capt. Yankuba Touray, Capt. Peter Singhatey, and Major Baboucarr Jatta together with their orderlies and security guards are responsible for the torture and inhumane treatment of soldiers arrested and detained at Yundum Barracks on November 11, 1994 and also unlawfully killed Lt. Gibril Saye, Lt. Abdoulie Bah “Achopin Chopin”, Lt. Bakary Manneh (“Nyancho”), Lt. Buba Jammeh, Lt. Momodou Lamin Darboe, Cadet Amadou Mbackeh Sillah, Lt. Abdoulie Dot Faal, Lt. Basiru Barrow, Fafa Nyang, Sgt Basiru Camara and E.M Ceesay.
iv. Capt. Yahya Jammeh, Capt. Edward Singhatey together with their orderlies and security guards including Alhagie Martin and Lamin Senghore are responsible for the unlawful arrest, unlawful detention /imprisonment, torture and sexual violence of Sanna Sabally and Sadibou Hydara. Capt. Yahya Jammeh and Capt. Edward Singhatey are also responsible for the unlawful killing of Sadibou Hydara
v. Capt. Yahya Jammeh, Capt. Edward Singhatey, Capt. Yankuba Touray, Capt. Peter Singhatey, Pte. Alhagie Kanyi, Pte. B.K Jatta and Pte. Pa Alieu Gomez are responsible for the unlawful killing of Ousman Koro Ceesay.
vi. Capt. Yahya Jammeh and his State Guards personnel including Almamo Manneh (deceased), Bubacarr Bah, Musa Jammeh (Malia Mungu) (deceased), Sgt. Gomez (Hitler) and Kawsu Camara (Bombardier) were responsible for the persecution, sexual violence and torture of the PPP supporters, particularly OJ Jallow, Housainou Njai and MC Cham, who were arrested, mistreated and unlawfully detained at Fajara Barracks in 1995 and 1996.
vii. As leaders of the group that went to the bridge, Edward Singhatey, Yankuba Touray and Peter Singhatey are responsible for the tortures of scores and the murder of two UDP supporters around Denton Bridge in Banjul sometime in December 1996. Yahya Jammeh also bears responsibility for these serious crimes of unlawful killings, persecution, torture and inhumane treatment of UDP supporters at the Denton Bridge in December 1996 due to failure to prosecute.
viii. Yahya Jammeh is responsible for the persecution of Gambian journalists between 1994 to January 2017 by unlawfully arresting, harassing, detaining, deporting, torturing, forcing them into exile, killing and disappearing them.
ix. Yahya Jammeh, Vice President Isatou Njie-Saidy and heads of the security agencies including Baboucarr Jatta (Fmr. Chief of Defence Staff), Ousman Badjie (Fmr. Minister of Interior), Baboucarr Sowe (Fmr. Crime Management Coordinator of the Police) and Momodou Ceesay of the PIU, along with Abdou Njie (Giri), Gorgui Mboob, Inspector Darboe, Modou Lamin Fatty, Abdoulie Bah, Modou Cham, Modou Gajaga, Cpl Lamin Camara, Capt. Wassa Camara bear responsibility for the killings of the 17 civilians on April 10 and 11, 2000
x. Yahya Jammeh bears responsibility for the killing of both Almamo Manneh and Momodou Dumbuya.
xi. Yahya Jammeh, Tumbul Tamba, Alieu Jeng, Sanna Manjang, Malick Jatta, Manlafi Corr, Kawsu Camara (Bombardier) and Bai Lowe are responsible for the killing of Deyda Hydara.
xii. Yahya Jammeh, Ousman Sonko, Tumbul Tamba, Sulayman Badije, Bai Lowe are responsible for the attempted murder of Lawyer Ousman Sillah.
xiii. Yahya Jammeh, Tumbul Tamba, Malick Jatta, Solo Bojang, Sanna Manjang and Alieu Jeng are responsible for the killing of Dawda Nyassi.
xiv. Yahya Jammeh, Tumbul Tamba, Solo Bojang, Malick Jatta, Sanna Manjang, and Alieu Jeng are responsible for the killing of Ndongo Mboob and the disappearance of Momodou Lamin Nyassi, and Bubai Sanyang.
xv. The perpetrators of the unlawful killing of Haruna Jammeh and Jasaja Kujabie are Yahya Jammeh, Tumbul Tamba, Solo Bojang, Sanna Manjang, Omar Jallow (Oya) and Alieu Jeng.
xvi. Yahya Jammeh, Tumbul Tamba, Solo Bojang, Sainey Jammeh, Yusupha Sanneh, Omar Jallow (Oya), Bora Colley , Michael Correa, Sanna Manjang, Michael Jatta, Nfansu Nyabally, Mustapha Sanneh, Ismaila Jammeh and Alieu Jeng are responsible for the unlawful killings of Daba Marena, Manlafi Corr, Ebou Lowe, Alpha Bah, Alieu Ceesay, Masi Jammeh and Julia Maku.
xvii. Yahya Jammeh, and Junglers Sanna Manjang, Musa Jammeh and Sulayman Sambou are responsible for the killing of Kajali Jammeh, Yamma Colley, Bai Dam, Sheikh Faal Pa Ous Jeng and three other unknown men suspected to be cattle rustlers.
xviii. Yahya Jammeh is responsible for the unlawful killing of Ceesay Bujiling.
xix. Yahya Jammeh, Omar Jallow (Oya), Pa Ousman Sanneh, Mustapha Sanneh, Michael Jatta, Fansu Nyabally, Malick Manga, Sulayman Sambou, Momodou Jarju (Rambo) and Nuha Badjie are responsible for the unlawful killing of Baba Jobe.
xx. Yahya Jammeh, Nuha Badjie, Momodou Jarju (Rambo), Lt. Mustapha Sanneh, Lt. Michael Correa, Lt. Michael Jatta, WO2 Nfansu Nyabally, Staff Sgt. Malick Manga, Staff Sgt. Omar Jallow (Oya), Staff Sgt. Sulayman Sambou, Lau Jarju and Suwandi Camara are responsible for the murder of Sulayman Ndow and Mahawa Cham.
xxi. Yahya Jammeh, Yankuba Badjie, Gen. Saul Badjie, Major Nuha Badjie, Capt. Momodou Jarju (Rambo), Lt. Mustapha Sanneh, Lt. Michael Jatta, WO2 Fansu Nyabally, WO2 Pa Sanneh, Staff Sgt. Amadou Badjie, Staff Sgt. Sulayman Sambou, Staff Sgt. Malick Manga, Staff Sgt. Omar Jallow (Oya) Lt. Michael Correa and Corporal Saikouba Jarju are responsible for the unlawful killing of Mamut Ceesay and Ebou Jobe
xxii. Yahya Jammeh, Yankuba Badgie, Gen. Saul Badgie, Lt. Col. Nuha Badjie, Capt. Momodou Jarjue (Rambo), Staff Sgt. Omar Jallow (Oya), Staff Sgt. Malick Manga Staff Sgt. Sulayman Sambou and Staff Sgt. Saikouba Jarju are responsible for the unlawful killing of Ndure Cham
xxiii. Yahya Jammeh, Gen. Sulayman Badjie and Bora Colley bear joint responsibilty for the killing of Ello Jallow.
xxiv. Yahya Jammeh, Gen. Saul Badjie, Nuha Badjie, Mustapha Sanneh, Momodou Jarjue (Rambo) , Nfansu Nyabally, Omar Jallow (Oya) and Sulayman Sambou are responsible for the murder of Mustapha Colley.
xxv. Yahya Jammeh, Gen. Saul Badjie, Sheikh Omar Jeng, Lt Col. Nuha Badjie, Major Momodou Jarjue (Rambo), Capt. Mustapha Sanneh, Capt. Michael Jatta, WO2. Fansu Nyabally, WO2. Malick Manga, Staff Sgt Sulayman Sambou. Sgt Omar Jallow (Oya), Staff Sgt Amadou Badjie, Major Sanna Manjang and Corporal Saikouba Jarju are responsible for the unlawful killing of Tumani Jallow and Abdoulie
xxvi. Yahya Jammeh, Foday Barry, Salmina Drammeh, Lamin Babadinding Jobarteh, Mendy (first name unknown), Harry Sambou and Samsudeen Sarr are responsible for the tortures and inhumane and degrading treatment of Yaya Drammeh, Ballo Kanteh, Baldeh and Omar Dampha at the NIA Headquarters in Banjul and the unlawful killing of Yaya Drammeh who died at Mile II Central Prisons.
xxvii. Yahya Jammeh, Tijan Bah, Baba Saho, Foday Barry, Ousman Jallow, Salmina Drammeh, Ousman Sowe, Edrissa Jobe (Alagie Morr) and Sukuta Jammeh (deceased) are responsible for the torture of Lt. Omar Darboe and Ebrima Barrow.
xxviii. Yahya Jammeh is culpable together with Omar Cham as his superior for his failure to punish Omar Cham for the tortures that he committed against NAWEC staff between 2001 and 2003.
xxix. Yahya Jammeh and his band of Junglers including Manlafi Corr, Tumbul Tamba, Musa Jammeh, Michael Sang Correa, Momodou Jarjue (Rambo), Nuha Badjie, Mustapha Sanneh, , Malick Jatta, Amadou Badjie, Sanna Manjang, Omar Jallow (Oya), Nuha Badjie, Saikou Jallow, Solo Bojang, Bora Colley, Alagie Martin (eyes and ears of Yahya Jammeh) as well as the members of the Panel Foday Momodou Hydara, ASP Demba Sowe, Lamin Cham, Abdoulie Sowe, ASP Malamin Ceesay, Corporal Boto Keita, late Sgt Sainey Ndure, Yusupha Faye, N’fally Jabang, Ousman Bojang, CDS Lang Tombong Tamba, Fmr. IGP Ousman Sonko, Alagie Martin, Baba Saho, Foday Barry were responsible for the tortures of Bunja Darboe, Wassa Camara, Yaya Darboe, John Pierre Mendy, Pharing Sanyang, Momodou Babady Sarr, Momodou and Alieu Bah, and civilians namely Sheikh Omar Faal (Marabout), Alieu Jobe, Demba Dem and Tamsir Jasseh
xxx. Yahya Jammeh and Lamin Darboe, Edrissa Jobe (Alagie Morr), Sheriff Wadda, Baboucarr Jallow, Baboucarr ARK Jallow, Samba Gajaga, Lamin Darboe, (all NIA operatives) as well as Salifu Nyang and Boto Keita (police officers) are responsible for the torture of Kebba Secka (NIA operative), Sam Kambai (soldier) Mouminy Baldeh and Kemo Conteh.
xxxi. Yahya Jammeh and these panel members including Omar Colley, Louis Gomez, Yankuba Badjie, Buba Beyai, Edrissa Jobe (Alagie Morr), Sheriff Gassama, Lamin Manneh, Sukuta Jammeh (deceased) from the NIA, Lamin S Sanyang, Sgt.Sainey Ndure(deceased) and Lamin Cham from The Gambia Police Force, Lt Bora Colley, Solo Bojang and Jerreh Gomez from The Gambia National Army are responsible for the torture and fabrication of evidence against Lt. Gen. Lang Tombong Tamba CDS, Abdoulie (Ali) Joof, Yusuf Ezzideen (Rambo), Brigadier Gen. Omar B. Mbye, Lamin Bo Baaji, Major Kawsu Camara (Bombardier) DIG. Modou Gaye and Gibril Ngorr Secka.
xxxii. NIA officers Lamin Darboe, Basiru Sey, Alassana Baldeh and Gibril Kanyi are responsible for the torture of Amadou Jogo Sowe, Saidou Sowe and Abbass .
xxxiii. NIA officers Basiru Sey, Alassana Baldeh, Gibril Kanyi, Alieu Sumareh and Lamin Darboe are responsible for the torture of Sarjo Touray.
xxxiv. Sanna Manjang, Modou Jarjue and Malick Jatta, Nfally Jabang (all Junglers) were part of the group that tortured Lamin Bojang during the Freedom Newspaper saga.
xxxv. Modou Jarjue (Rambo) and Sanna Manjang are responsible for the torture of journalist Lamin Cham during the Freedom Newspaper Saga.
xxxvi. Yahya Jammeh, Tumbul Tamba, Kawsu Camara (Bombardier), Bai Lowe, Musa Badjie, Landing Tamba, Sanna Manjang, Solo Bojang, Malick Jatta , Alieu Jeng, Omar Jallow (Oya), Lamin Sillah and Buba Jallow are responsible for the murder of the West African migrants.
xxxvii. Yahya Jammeh is responsible for the rape of Fatou Jallow (Toufa).
xxxviii. Yahya Jammeh is responsible for sexual abuse of protected witness DB18.
xxxix. Ousman Sonko responsible for several rapes and torture of Binta Jamba
xl. Yahya Jammeh bears responsibility for the rape of Protected witness FB 17.
xli. Yahya Jammeh and Dr. Tamsir Mbowe are responsible for the deaths of (forty one) 41 HIV/AIDS patients who died as a result of their fake treatment programme. They are also responsible for the sexual violence committed against the victims which was part and parcel of the treatments administered.
xlii. Yahya Jammeh, Solo Bojang and Saikou Jallow bear responsibility for the deaths, sexual violence, torture and other inhumane acts and persecution committed against the persons they accused as being witches or wizards during the president’s witch hunting exercise.
xliii. Yahya Jammeh, Saul Badjie, and Solo Bojang are responsible for the unlawful execution of 9 Mile 2 death-row inmates.
xliv. Yahya Jammeh, Yankuba Badjie (DG NIA) Sheikh Omar Jeng, and Tamba Masireh are responsible for the torture and persecution of the UDP supporters in April 2016.
2. In line with Section 19(1) of the TRRC Act any adversely mentioned individual who has previously appeared before the Commission and made a full disclosure of his or her involvement in human rights violations and abuses and has expressed remorse is hereby granted a period of 14 days to apply to the Commission for amnesty.
3. The Commission shall within a period of 6 weeks review all applications for amnesty and provide a report to the President accordingly. Where the Commission refuses an application for amnesty it shall give reasons for its refusal in writing to the applicant and any other person who in relation to the offence is a victim.
4. In line with Section 19(3) amnesty shall not apply to acts which form part of a crime against humanity.
5. The above findings are subject without prejudice to any future prosecution. In the interim the adversely mentioned individuals continue to benefit from the presumption of innocence.
6. The Government will continue its review of the TRRC report as well as any recommendations for amnesty and shall issue a White Paper on or before the 25th of May 2022.
Hon. Dawda A. Jallow
Attorney General & Minster of Justice
24th December 2021