Gambia’s Truth Commission has wrapped up its last activities. On March 16, the Commission submitted its final decision on 25 amnesty applications received. Controversy erupts over recommendation of amnesty for Sanna Sabally, a former vice chairman of the military junta that took over power in Gambia in July, 1994. The Truth Commission said Sabally, jailed for 10 years and tortured by soldiers on orders of ex-president Yahya Jammeh, had killed 11 people prior to the coming into force of the Rome Statute which defines ‘crimes against humanity’. The Commission recommended for Sabally to do community service.

25 amnesty applications deliberated

The Truth Commission has established an amnesty committee led by James Allen Yaw Odico. The Committee’s report was approved by the 11 commissioners before it was submitted to Gambia’s justice minister Dawda Jallow.

“These are recommendations and the government will make its final decisions in a whitepaper to be issued before the end of May,” said Jallow.

In total 11 amnesty applications were dismissed, 8 denied, 5 approved and 1 granted immunity. The 11 dismissed applicants are either because they were not recommended for prosecution or were only banned from holding public office.

This category includes soldier Major Wassa Camara, members of National Intelligence Agency (NIA) Basiru Sey and Omar Cham, Harry Sambou and Tijan Bah, anti-narcotic officer Ebrima Drammeh, former NIA director Lamin BO Badjie, former police crime management coordinator Baboucarr Sowe, deputy superintendent of police Lamin Cham and former jungler Yusupha Sanneh.

Amnesty applications from 8 people recommended for prosecutions were denied. This list includes former vice president Dr Isatou Njie-Saidy, former defense minister Edward Singhatey, former influential military captain and brother of Edward Peter Singhatey, former junglers Lt Malick Jatta, Pa Ousman Sanneh and Omar A Jallow; former soldiers Baboucarr Njie and John Charles B Mendy.

Five other applicants were recommended for amnesty. They are the former number 2 of the 1994 military junta Sanna Sabally; a soldier involved in the 1995 torture of political detainees Major Bubacarr Bah; junior soldiers implicated in November 11, 1994, executions Baboucarr Mboob and Zakaria Darboe; and a lower ranking soldier involved in the June 1995 murder of former Finance minister Ousman Koro Ceesay, Pa Alieu Gomez.

Meanwhile, Alagie Kanyi who confessed to participation in November 11 executions and June 1995 murder of Ousman Koro Ceesay—and had an immunity deal with the Commission— was recommended for immunity. His immunity deal should be finalized by the Cabinet.

Fury over Sabally’s amnesty recommendations

Unlike the Commission’s public sessions, the amnesty sessions passed in a total media blackout. The victims of the human rights violations also said on March 19 at a press conference at Center for Victims of Human Rights Violations that they were also not involved in the process.

“The victims… decry the lack of transparency and zero victim participation in the amnesty policy development and approval process and demand that this be disclosed to the victims who wish to know… forthwith,” read a statement issued on behalf of 11 direct victims of Sabally whose relatives were executed on November 11. The statement issued on March 19 was also signed by 6 pro-rights organisations in the country.

The last time Gambia’s Truth Commission was engulfed in so much criticism was in October 2019 when it brokered a reconciliation hearing between ex-junta members Sanna Sabally and Edward Singhatey.

Sabally, a former number 2 of the military junta led by Yahya Jammeh who testified before the Commission on April 24, 2019, and Singhatey— the Junta’s first defence minister who testified before the Commission on October 16 (Year), were put before the camera by the Commission.

The public calls it a charade that sought to reconcile murderers who turned to be victims. But that is the story of Sabally. After the 1994 coup, Sabally was country’s second most powerful man, accompanied by a ruthless convoy that shoots people, vehicles and bicyclists found of the Vice Chairman’s path as his convoys passed.

On November 11, the popular and ‘temperamental’ vice chairman would lead an operation to crush a counter-coup led by 11 soldiers in which they were strictly ordered to “take no prisoners”. This would go into Gambian history as ‘November 11 Incident’.

Shortly afterwards, on January 27, once-powerful Sabally and his colleague Sadibu Hydara—interior minister of the Junta—would be arrested on charges of planning a coup. Tortured and jailed for 10 years.

“I grew up without a father, without his love and companionship which was very difficult for me and my family,” said Abdou Aziz Barrow, son of ex-lieutenant and leader of the coup Basiru Barrow.

“A day doesn’t go by without me being re-traumatised by the events and mannerism in which him and his companions were gruesomely killed on November 11.”

The Commission recommended community service for Sabally, arguing that his crimes, murdering of soldiers on November 11, precede the Rome Statute which defines ‘crimes against humanity’. The TRRC act said amnesty cannot be granted for categories of crime such as torture, crimes against human and genocide.  

Release of 2 junglers

One of the most controversial decisions of the current administration was the illegal detention of 2 junglers Ismaila Jammeh and Alieu Jeng. The two appeared before the Truth Commission in July 2019 and were found to have been untruthful.

Since then, they were languishing in military detention at the Yundum Barracks. On March 18, the army announced they were being released on “stringent bail” conditions. “The concern soldiers were arrested and put under detention at Yundum Barracks, since 2017 for their alleged involvement in human rights violations under the former regime,” said the army.

“Their continuous detention without being held on any crime is not tenable under Service Laws and Regulations.”

A reference in the army’s statement was made of the January return from Equatorial Guinea of Karafa Bojang also known as Sulayman Badgie. Badgie returned with 14 other people, three of whom were mentioned before the Truth Commission.

The three of the returnees — Sulayman “Saul” Badjie, Landing Tamba and Musa Badjie — were mentioned in the TRRC report. Badgie was the head of the notorious junglers. After his return, he was briefly detained at a state-run Friendship hotel, taken to court to legitimized his detention without charge. The high court dismissed state’s applications and set him and his colleagues free.

On Saturday, the Victims Centre calls the release of the two junglers ‘unfortunate’, criticizing the justice ministry for not charging them. For the Ministry though, any decision to charge perpetrators of human rights violations will pre-empt their white paper.

This is all coming on a deep suspicion held by victims since President Adama Barrow formed a coalition with a faction of Jammeh’s Alliance for Patriotic, Reorientation and Construction Party that the president is not interested in justice for Jammeh-era crimes.