The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Bernard Duhaime, today welcomed the creation of a Special Tribunal for The Gambia to prosecute gross human rights violations and crimes perpetrated between July 1994 and January 2017, during the regime of former President Yahya Jammeh.
“It is a historic step towards accountability and bringing justice to victims thereby ensuring that the crimes of the past do not go unpunished,” Duhaime said.
On 15 December 2024, the Authority of Heads of State and Government of the Economic Community of West African States (ECOWAS) approved the creation of a “Special Tribunal for The Gambia,” a hybrid court designed to prosecute crimes against humanity, torture, extrajudicial killings, enforced disappearances and other serious violations committed during the regime of former President Yahya Jammeh.
The establishment of this special tribunal follows the reports of The Gambia’s Truth, Reconciliation and Reparations Commission, which recommended that Yahya Jammeh and 68 former officials – including members of the security forces – be prosecuted for their alleged involvement in a range of crimes, including extrajudicial killings, rape, and torture.
“After two decades of authoritarian rule, some transitional justice measures were taken but progress in implementing the recommendations of the national truth commission has been slow, and concerns about the persistent climate of impunity have been raised,” the expert said.
The special court will have the authority to prosecute international crimes, regardless of whether such crimes were classified as offenses under Gambian law at the time they occurred, under the hybrid court system approved by ECOWAS.
“I welcome the commitment of the Government of The Gambia for the creation of a special mechanism to put an end to impunity and provide redress to victims,” Duhaime said. “The decision to establish a hybrid court offers renewed hope to victims and strengthens the broader pursuit of justice and accountability,” he said.
The expert urged the Government of The Gambia to prioritise other forms of accountability, including reparations, memorialisation, official apologies, and other non-judicial measures. “These efforts are essential to fostering long-term peace, stability and national reconciliation,” he said.
The Special Rapporteur has long been in touch with the authorities on this matter.
The expert: Bernard Duhaime, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
Special Rapporteurs and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms. Special Procedures mandate-holders are independent human rights experts appointed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. They are not UN staff and are independent from any government or organisation. They serve in their individual capacity and do not receive a salary for their work.
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