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|T O P I C R E V I E W
||Posted - 24 Dec 2021 : 17:28:43
Download pdf documents including TRRC final report
TRRC Final Report
- Volume 1: Compendium Part A
- Volume 1: Compendium Part B
- Volume 2 :Soldiers With A Difference: The Armed Forces Provisions Ruling Council (AFPRC) Junta
- Volume 3: November 11th 1994 Coup Attempt
- Volume 4: The Unlawful Killing of Ousman Koro Ceesay (Former Minister of Finance and Trade)
- Volume 5: Attack on Religious Freedoms - Attack on Road Users
- Volume 6: April 10 & 11 Student Demonstrations
- Volume 7: Attack on the Media and Freedom of Expression - Attack on Political Opponents
- Volume 8: The Junglers (Unlawful Killings, Tortures and Other Human Rights Violations
- Volume 9: President's Alternative Treatment Program
- Volume 10: Sexual and Gender-Based Violence
- Volume 11: 2009 Witch-Hunt Exercise
- Volume 12: The Killing of West African Migrants - Enforced Disappearances
- Volume 13: Institutional Hearings: National Intelligence Agency (NIA)
- Volume 14: Institutional Hearings: The Gambia Prison Services
- Volume 15: Institutional Hearings: Justice Sector Entities
- Volume 16: Reparations & Reconciliation
- Portraits of Witnesses
|3 L A T E S T R E P L I E S (Newest First)
||Posted - 21 Mar 2022 : 16:32:13
TRRC EXPLAINS WHY IT APPROVED AMNESTY FOR SABALLY
MARCH 21, 2022
By Lamin Cham
The Standard lead story of Friday 18th February generated animated debate with many individuals and organisations criticising the TRRC for approving the recommendation of its amnesty committee and recommending clemency for former AFPRC vice chairman Sana Sabally who admitted responsibility for the killing of about a dozen soldiers in 1994.
In justifying its approval of amnesty for Sabally, the TRRC Amnesty Committee report stated that he already served time in prison for false crimes levelled against him, gave a full disclosure during public hearings, showed remorse, initiated and participated in reconciliation with perpetrator and that “his crimes precede the Rome Statute and cannot be applied retroactively”. The report therefore recommended that the former vice head of state do community service instead.
The committee also recommended amnesty for Zakaria Darboe and Major Bubacarr Bah. Darboe was said to have shown remorse, gave a full disclosure in his application and statement and was truthful in his application. Bah was also said to have given a full disclosure and accepted responsibility, showed remorse, and participated in reconciliation activity with his victim.
The committee stated in its report that it was aware that the Attorney General’s Chambers was going to grant immunity to another confessed killer, former soldier Alagie Kanyi and therefore referred his case to the AG’s Chambers to complete the process.
According to the committee, it denied the application for amnesty for former vice president, Isatou Njie-Saidy, because “she did not give a full, truthful disclosure” to the commission, described her role as passive whereas the commission finds that during the 10th and 11th April 2000 student demonstrations, as vice president pursuant to instructions from the former president Yahya Jammeh, she instructed Baboucarr Jatta to deploy the army, did not take responsibility and is one of the people who bear the greatest responsibility in the incident.
The committee said it denied the application for amnesty for former defence minister Edward Singhatey foremost based on a technicality.
“[His] initial letter had ‘without prejudice’ and was signed by his lawyer. [He] wrote back to his lawyer requesting that ‘without prejudice’ be removed from the amnesty application. Initial letter had ‘without prejudice’ and was signed by his lawyer. [He] wrote back to his lawyer requesting that ‘without prejudice’ be removed from the Amnesty application and the client himself should endorse the letter. [His] legal representative responded, removed ‘without prejudice’ however, still signed on behalf of client. Based on the above, the committee cannot review the application as it contradicts the process of applying for amnesty.
“Notwithstanding, even if the application was signed/endorsed by the applicant himself, although he testified, the committee is of the view that he did not give a full disclosure as he was untruthful in his testimony; showed no remorse except in his human rights violations towards Sana Sabally for which he participated in reconciliation. The commission finds Edward among one of the people who bear the greatest responsibility for the human rights violations that took place during the November 11th unlawful killings and tortures; the death of Ousman ‘Koro’ Ceesay, torture of Sana Sabally, Sadibou Hydara and Baboucarr Sanyang. As such he cannot be granted Amnesty,” the report stated.
The committee also denied the application of Edward’s younger brother, Peter Singhatey for the following reasons: “[His] initial letter had ‘without prejudice’ and was signed by his lawyer. [He] wrote back to his lawyer requesting that ‘without prejudice’ be removed from the amnesty application and the client himself should endorse the letter. [His] legal representative responded, removed ‘without prejudice’ however, still signed on behalf of client. Based on the above, the committee cannot review the application as it contradicts the process of applying for amnesty.”
The report stated that Peter did not meet the conditions for amnesty as he failed to give a full disclosure as one of the conditions; testify before the commission; submit a written statement to the TRRC; and give a full disclosure of his participation in the crimes he was found to have participated in his amnesty application.
“The commission found Peter among one of the people who bear the greatest responsibility for the human rights violations that took place. As such, he cannot be considered granted amnesty,” it stated.
||Posted - 18 Mar 2022 : 13:34:40
TRRC APPROVES AMNESTY FOR SANA SABALLY, DENIES EX-VP NJIE-SAIDY
The Standard: MARCH 18, 2022
By Lamin Cham
The TRRC Amnesty Committee has “approved” amnesty from prosecution for former AFPRC vice chairman Sana Sabally who admitted responsibility for the killing of many soldiers accused of a coup plot in 1994.
The committee’s report which was submitted to Justice minister Dawda Jallow on Wednesday, also “approved” amnesty for Major Bubacarr Bah and Zakaria Darboe. Former soldier Alagie Kanyi was referred to the Ministry of Justice for “finalisation of immunity”.
Meanwhile, the country’s former vice president, Dr Isatou Niie-Saidy has been denied amnesty from prosecution along with seven others.
They are among people adversely mentioned by the TRRC who applied for amnesty to the Amnesty Committee following the submission of the TRRC Report, which recommended the prosecution of specified categories of people found responsible for grave crimes.
According to the official report seen by The Standard, the Amnesty Committee received about 25 applications following its call for applications from adversely mentioned persons. “All these applications were reviewed to determine whether or not they met the conditions for granting of amnesty,” the report stated.
According to the report, the application of about a dozen people were dismissed either because they did not need to apply for amnesty because they were not recommended for prosecution, or were only banned from holding public office among other reasons.
These include Pa Alieu Gomez, Wassa Camara, Basiru Sey, Omar Cham, Ebrima Drammeh, Lamin BO Badjie, Baboucarr Sowe, Tijan Bah, DSP Lamin Cham, Yusupha Sanneh, Amadou Bojang, Baboucarr Mboob and Harry Sambou.
The report also disclosed that the following people who were recommended for prosecution have had their applications for amnesty denied: Dr Isatou Njie-Saidy, Edward Singhatey, Peter Singhatey, Lt Malick Jatta, Omar A Jallow, Baboucarr Njie, John Charles B Mendy and Pa Ousman Sanneh.
The report gave the following explanation of the reasons behind the decisions for each category:
The dismissed applications were based on the following reasons:
(i) The applicant(s) were recommended for banning/from holding public office and not to be prosecuted.
(ii) The letter sent was a rebuttal of witness testimony and not an application for amnesty.
(iii) The committee determined that the applicant should not have been listed as a perpetrator as it was a case of mistaken identity.
The applications that were denied amnesty were based on the following reasons:
(i) The applicant(s) did not give a full disclosure in their statement submitted to the commission; did not give a full disclosure in their testimony during the public hearing or did not give a full disclosure in their application for amnesty.
(ii) The applicant(s) were not truthful in their statement submitted to the commission; were not truthful in their testimony during the public hearing or were not truthful in their application for amnesty.
(iii) The applicant(s) did not show remorse in their statement submitted to the commission; did not show remorse during their testimony in the public hearing or did not show remorse in their application for amnesty.
(iv) The applicant(s) did not sign/endorse their amnesty application. Notwithstanding, a determination was made on the merits of the applications.
(v) Their acts or conduct form parts of crimes against humanity.
(vi) The applicant(s) is one of those who bear the greatest responsibility.
The applicants granted amnesty were based on the following reasons:
(i) The applicant(s) gave a full disclosure in their statement submitted to the commission; gave a full disclosure during their testimony during the public hearing or gave a full disclosure in their application for
||Posted - 25 Dec 2021 : 10:01:16
Commentary by Dr. Karamba Touray
A grateful nation and all people of conscience thanks and congratulates the entire team of the TRRC for a thorough accounting of a terrible 22year period that was the bloody and merciless reign of Yahya Jammeh. They have through hard work, dedication and professionalism investigated and established an accurate historical record of what happened and those who bear the most responsibilities. Those indicted by the report are by no means the only guilty culprits who willfully and shamelessly aided and abetted the murder , torture , rape and unrestricted oppression and plunder of The Gambia and its people . They include unrepentant so called Islamic scholars who cynically and with forethought and malice tasked themselves the public duty of validating and vindicating the conduct of Yahya Jammeh and insisting that he was worthy of the highest accolades Islam can confer on a righteous leader . The list of conspirators not indicted by this report include those who willingly and before Allah provided enthusiastic political support to a man they knew or had to know was murdering , torturing and otherwise oppressing their fellow countrymen , their neighbors and in some instances their own relatives . They traded their humanity for momentary benefits , empty promises , vanity and deliberately ignored the terrible excesses of a cruel regime.
The crimes committed were heinous , deliberate and widespread. The indicted culprits must be held fully accountable . Those who aided and abetted the tragedy of the Jammeh rule may not carry the legal burden of a commission indictment but history condemns them for their role in the oppression of the innocent and plunder of our nation . Finally as believers , we affirm that Allah is the ultimate judge of all and He is a just adjudicator of the actions everyone of His creations for all acts of commission and omission .
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