• Last Updated
  • March 10, 2026
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The Gambia

Yahya Jammeh came to power in 1996 in a coup that ended the 24-year rule of the independence era president, Dawda Jawara. Promising development and reform, Jammeh’s regime initially received support from a large segment of the population who were eager to see the country move in a new direction. However, over the 23 years of his rule, Jammeh’s regime became increasingly authoritarian, with power evermore concentrated in the President’s hands. To maintain his grip on power, Jammeh established a clandestine unit within the Gambian army, known as the “Junglers”, to suppress any critics and perceived threats to his regime. 

Loyal only to him and operating under his direct control, they carried out secret operations, including extrajudicial killings, arbitrary arrests, detentions, and torture, with complete impunity. Although their existence had always been an open secret within the security forces, their extreme brutality only started becoming publicly known from 2006, spreading terror among the population and strengthening Jammeh’s authoritarian regime.

 
__GAMBIA_Rome Statute - Wayamo Foundation (CC BY-SA 4.0)
__GAMBIA_African Charter - Wayamo Foundation (CC BY-SA 4.0)
__GAMBIA_Geneva Conventions - Wayamo Foundation (CC BY-SA 4.0)
__GAMBIA_Human Rights Conventions_1 - Wayamo Foundation (CC BY-SA 4.0)
__GAMBIA_Human Rights Conventions_2 - Wayamo Foundation (CC BY-SA 4.0)
__GAMBIA_International Bill of Human Rights - Wayamo Foundation (CC BY-SA 4.0)

In 2015, Human Rights Watch published a report documenting a decade of systemic violations of human rights, particularly against journalists, opposition figures and civil society. Lesser known though equally egregious crimes of sexual and gender-based violence (SGBV), violent repression of the LGBTQ+ communities, and detention and abuse of persons living with HIV also characterized the regime.

His government was also responsible for deep structural injustices: while Jammeh and those closest to him amassed significant personal wealth, Gambia remained one of the poorest countries in the world, with few industries, little infrastructure, and limited government capacity and services.

Jammeh hung onto power by repeatedly changing the Constitution to suit his interests, and when that was not sufficient, directly interfering in elections. Despite these patterns, Jammeh lost the presidential election in 2017 to Adama Barrow, who was sworn into office following a period of instability which was eventually resolved thanks to regional negotiations. Barrow’s victory resulted in the exile of Jammeh to Equatorial Guinea. The Barrow government moved quickly to create a Truth, Reconciliation and Reparations Commission (TRRC) tasked with investigating the crimes committed during the Jammeh-era. 


Commentary & Reports

African Network against Extrajudicial Killings and Enforced Disappearances (ANEKED) Truth, Reconciliation and Reparations Commission Digest (2019 & 2020)  

Summary of all public hearings of the TRRC, including names of perpetrators cited and a detailed listing of alleged human rights violations.

UNDP National Strategy Document for Transitional Justice in the Gambia (December 2018)

This document was developed as a joint project of international and national civil society and government actors. It provides details of each Gambian transitional justice institution and the interrelationship between these mechanisms, as well as setting forth the main objectives of and challenges to transitional justice in Gambia. Focus groups representing diverse population sectors also contributed to developing the strategy.  

Human Rights Watch “State of Fear: Arbitrary Arrest, Torture and Killing” 2015

Based on interviews from 2014 and 2015, this report documents human rights violations and state repression during the Jammeh regime, particularly the targeting of journalists, students, civil servants and the LGBT community. The report offers insight into the role that the National Intelligence Agency (NIA), the so-called “Junglers” (the presidential guard) and the Serious Crimes Unit and Intervention Unit of the Gambian police force.  

Accountability in the Gambia

Priorities and challenges for strengthening accountability for international crimes in the Gambia

FOLLOW THE TIMELINE BY CLICKING ON THE ARROWS​
July 1994
President Dawda Jawara loses power in a bloodless coup

Yahya Jammeh, a 29-year-old officer in the National Army charged with commanding the Military Police, leads a bloodless coup against Jawara who served as Prime Minister from 1962 to 1970, and then as the first President of the Gambia from 1970 to 1994. Jammeh instals himself as de facto national leader in the role of chairman of the Armed Forces Provisional Ruling Council.

November 1996
Yahya Jammeh elected president of the Gambia

Over the next twenty-one years, his rule would become increasingly authoritarian and characterised by grave human rights abuses.

 
 
 
July 2005
Massacre of African migrants

Gambia security forces arrest migrants bound for Europe after their boat lands in the Gambia, on suspicion of involvement in a coup attempt. Over the next 10 days, almost all including about 44 Ghanaians, 9 Nigerians, 2 Togolese, and nationals of Cote d’Ivoire and Senegal, plus 1 Gambian, are killed in Gambia or taken across the border into Senegal and shot and their bodies dumped in wells.

 
2009
UN & ECOWAS investigate murder of African migrants

The United Nations and the Economic Community of West African States (ECOWAS) complete a joint investigate team report into the alleged massacre of 52 African migrants by security forces in the Gambia. The report concludes that “rogue” elements of the security services “acted on their own”. The full report was never made public.

 
2009
Ghana and the Gambia sign a Memorandum of Understanding

Ghana and the Gambia sign a pledge to use “all available means” to prosecute those responsible for the death of the African migrants. No arrests were ever made. The memorandum states that the Gambian government was not complicit in the deaths, but would pay compensation to the families. Each of the 27 families received approximately USD 6,800. Only six bodies were returned.

 
1 December 2016
Yahya Jammeh loses presidential election to Adama Barrow

The victory is secured thanks, in large part, to civil society and youth-led activism.

 
9 December 2016
Jammeh announces intentions to reject the outcome of the election

Citing "serious and unacceptable abnormalities” Jammeh turns to the Supreme Court, an institution he considered under control, to affirm the allegations. The following day Jammeh deploys the military throughout the capital region and occupied the election commission. Attempts by ECOWAS and the AU to negotiate a resolution fail. 

19 January 2017
Military intervention

A military coalition of Senegal, Nigeria and Ghana under the auspices of ECOWAS enters the Gambia, finally forcing Jammeh to relinquish power and flee into exile in Equatorial Guinea two days later.  

 
19 January 2017
Adama Barrow sworn in as president
January 2017
Ousman Sonko investigated under Universal Jurisdiction

Former Gambian Minister of Interior, Ousman Sonko is arrested in Switzerland and an investigation is opened. He is currently in pre-trial custody. 

 
 
 
February 2017
“Junglers” arrested

Following Jammeh’s exile, key members of his “Junglers”, an elite security unit who served as his personal hitmen, either fled the country or were arrested by Gambia’s military chief. Those arrested include Pa Ousman Sanneh, Malick Jatta, Omar Jallow, Amadou Badgie, Alieu Jeng and Ismaila Jammeh.

March 2017
NIA9 case opens and Justice Minister commits to no more trials until capacity improved

The first case involving alleged crimes of Jammeh’s associates is opened against nine former National Intelligence Agency (NIA) agents accused of involvement in the killing of Solo Sandeng, a political activist who died in detention in April 2016. Despite some progress, the case has moved slowly and is stalled by delay tactics from the defense. Justice Minister Tambadou criticises the police for arresting the accused Junglers, saying this forced a rushed an investigation and trial process. Tambadou declares that “no new criminal cases involving crimes allegedly committed by the former government will be handled” until the capacity of the justice sector is strengthened.

 
June 2017
Janneh Commission established

The Commission of Inquiry into the Financial Activities of Public Bodies, Enterprises and Offices, known as the Janneh Commission, is established as a first step in an effort to recover ill-gained assets from members of the former regime and its business partners. The commission released its report March 2019, accompanied by a government ‘whitepaper’ outlining an intended policy of enacting the report’s recommendations.

 
13 December 2017
National truth commission established

The Truth Reconciliation and Reparation Commission Act is passed by the National Assembly. The Act places responsibility on the TRRC to identify and investigate those most responsible for the crime of the Jammeh regime, and to recommend those individuals for amnesty or prosecution. 

 
May 2018
Civil society calls for Jammeh to face trial in Ghana

A coalition of national and international civil society actors known as Jammeh2Justice see some progress towards the goal of securing an extradition of Jammeh to Ghana to face trial for the murder of 52 African migrants, the majority of them from Ghana. In May 2018, the Ghanaian Ministry of Foreign Affairs and the Attorney-General’s Department commit to studying the legal and diplomatic implications of a possible case.

 
29 August 2018
Four members of Jammeh’s elite security unit released

Four of suspected “Junglers”  released from detention without facing charges. The army chief who detained them claims "extensive interrogations" reveal no evidence tying them to wrongdoing.

 
28 October 2018
Charges against NIA officials withdrawn

The Ministry of Justice announced the withdrawal of charges against several officials from the NIA, who had been accused of participating burying political activist Solo Sandeng.

 
March 2018
Former prison director released

David Colley, the former Director of the Mile 2 prison charged with murder of Baba Jobe and abuse of office in March 2018, is released after a brief time in detention. Later, in July 2020, he testified for three days before the TRRC.

 
3 January 2019
Solider accused of murdering colleague released

Former soldier Malick Boye was accused of killing a female soldier in 2011 on orders of former President Jammeh. The media reports that his alleged role in the death was not investigated. [i]

[i] See Foroyaa, Soldier Accused Of Being Former ‘Jungler’ Released, Reinstated, January 3, 2019.

7 January 2019
TRRC holds first public hearings
8 January 2019
Investigation into 2018 protest deaths ends

President Barrow announces that he will discontinue the prosecution of police officers responsible for the death of demonstrators in the village of Faraba Banta in June 2018. 

 
July - August 2019
"Junglers" testify at the TRRC

Members of elite unit confess to acts of murder, torture and other grave wrongdoing. Following testimony, Pa Ousman Sanneh, Malick Jatta, Omar Jallow and Amadou Bargie are released from prison. Two other "Junglers" remain in prison after the Minister of Justice deems their testimony to the TRRC untruthful.

 
September 2020
National Assembly rejects New Constitution

Members of President Barrow’s political party are instrumental in turning down new constitution. Among its new provisions, the rejected draft constitution included presidential term limits.

11 June 2020
"Jungler" faces torture charges in the United States

United States indicts Michael Sang Correa under an anti-torture ‘federal extraterritorial jurisdiction’ law granting US courts authority to try public officials accused of torture, regardless of where the acts were committed or the nationality of those involved.  The US District Court of Colorado alleges that Correa is responsible for the torture of at least six people in 2006.

 
July 2021
Projected date for the release of the TRRC's final report

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Domestic accountability

Though a few trials were initiated against a handful of Jammeh-era security and intelligence figures, the Ministry of Justice soon settled on a policy of delaying prosecution until the TRRC had fulfilled its mandate. Established under the TRRC Act of 2017, the TRRC had authority to identify and recommend for prosecution those persons who bore the greatest responsibility for human rights abuses committed during the  previous regime.

After almost three years of hearings and investigations, the TRRC issued its final report on 24 December 2021, setting out its main findings and recommendations. Based on the testimonies of 392 witnesses, including many victims as well as some self-confessed perpetrators, the Commission concluded that at least 240 people were unlawfully killed by state agents during Jammeh’s rule. Victims included perceived security threats, political opponents, former allies, journalists, and ordinary citizens. Beyond extrajudicial killings, the TRRC also documented the systematic use of SGBV as a tool of repression, concluding that, acting on Jammeh’s orders, security forces, in particular the Junglers, committed widespread rape and sexual abuse. 

The Commission further determined that Jammeh’s so-called herbal cure for HIV, administered from 2007 onwards, was fraudulent and life-threatening, causing at least 41 deaths; and condemned the killing and enforced disappearances of West African migrants during that period. On this basis, the TRRC recommended that Yahya Jammeh and his co-perpetrators, including the former members of the Junglers and former government officials, be prosecuted for international crimes, either before a hybrid tribunal in The Gambia or before competent courts in neighbouring countries. While The Gambia has primary jurisdiction over the crimes, the Commission noted that some victims were foreign nationals from other West African states, giving those countries potential jurisdiction to prosecute the crimes committed under their domestic laws. Beyond prosecutions, the Commission also made recommendations aimed at reforming Gambian society in order to prevent such abuses from happening again. 

In May 2022, the Gambian government published its White Paper, formally accepting the TRRC’s recommendations and outlining its plans to implement them, including through the creation of a Special Tribunal. In April 2024, Parliament adopted two complementary bills to this effect. The Special Accountability Mechanism Act establishes the overall legal framework for implementing the TRRC’s recommendations by creating a coordinated three-pillar system: an independent Special Prosecutor’s Office to investigate crimes and build cases, a Special Criminal Division of the High Court to try domestic offences, and a Special Tribunal, set up in partnership with ECOWAS, to prosecute international crimes. The Special Prosecutor’s Office Act lays the groundwork for the creation of this new independent office, tasked with investigating and prosecuting cases of serious human rights violations, in coordination with the Special Tribunal. 

Developments appear promising, albeit too slow for some observers. Progress has been hampered by financial constraints as well as a limited number of arrests, with most high profile defendants still at large. However, some significant arrests have recently been made at the national level. On 2 December 2024, Sanna Manjang, a former member of the “Junglers,” was handed over to the Gambian authorities by Senegal. He has been charged with multiple counts of murder and is awaiting trial. Another former “Jungler” Bora Colley voluntarily returned to The Gambia in August 2024 after eight years in exile. He was wanted for his involvement in multiple crimes, including the 2012 killing and enforced disappearances of nine Mile 2 death row inmates, the murder of Intelligence Chief Daba Marenah, the torture of individuals accused of participating in the failed 2006 coup, and the killing of Deyda Hydara (2004) but has still not been charged. 

Play Video

The quest for justice: Survivor and activist who testified before the Truth Commission in The Gambia

Toufah Jallow is a victim of sexual violence at the hands of former Gambian President Yahya Jammeh. Jallow talks about her work as a justice activist, the role of civil society and the work of the Truth Commission in The Gambia (TRRC) where she testified.

Political will

Is there political will for criminal accountability for international crimes in the Gambia?Prosecutions After Barrow came into power in 2017, prosecutions were largely postponed awaiting the completion of the TRRC’s mandate, with the former Minister of Justice, Abubacarr Tambadou, deciding on a sequenced approach, in which truth-seeking, through TRRC proceedings, would precede criminal investigations and prosecutions. 

Even so, nine persons from the leadership of the Jammeh-era National Intelligence Agency (NIA) were arrested and brought to trial soon after transition. The accused officials, known as the NIA 9, faced 25 criminal accounts including murder, conspiracy to murder and assault causing bodily harm. Since the trial began in 2017, the number of defendants has dropped to seven, after Yusupha Jammeh was acquitted due to lack of evidence and Louise Gomez died in state custody. The process was met with multiple delays, but finally ended in 2022 with six of the defendants being sentenced to death.

The decision to postpone the majority of trials was motivated, in part, by the recognition that the judicial system had been weakened by decades of neglect and political interference under the previous regime. Significant time and resources would be needed to rebuild the judicial system before it was capable of handling the number of cases and the sheer complexity that prosecuting serious crimes of the last government might entail. The challenges experienced in the NIA 9 trial supported this claim. Similarly, the TRRC was considered indispensable for collecting evidence of crimes committed by the regime, something that the country, after decades of Jammeh rule, had little capacity to achieve otherwise.

After the TRRC concluded its mandate and issued its final report, attention shifted to the Gambian authorities’ willingness to translate commitments into concrete prosecutions for international crimes. On 25 May 2022, the government published its White Paper on the TRRC report, accepting 92% of the Commission’s recommendations, and committing to their implementation through institutional reforms including: the creation of a Special Prosecution Office, justice system digitization, capacity-building of relevant personnel, and a post-TRRC residual mechanism. The process emphasizes victim-centred reparations, accountability through due process, broad engagement with civil society and international partners, and reconciliation, reflecting strong political will to consolidate transitional justice in The Gambia as emphasized by Gambia’s Justice Minister, Dawda Jallow. 

Although the recent developments suggest a genuine political will to prosecute international crimes, progress has been slow and uneven, prompting public protests and growing frustration, as, four years after the TRRC’s work ended, only a limited number of recommendations have been fully implemented while victims continue to await accountability and reparations. In addition, funding constraints, notably due to the discontinuation of USAID, reliance on external aid, and political uncertainties risk further delaying the process.

Play Video

International Criminal Justice in West Africa

Roland Adjovi, International Law Advisor for the Global Maritime Crime Programme in West Africa at UNODC, analyses the interplay between national, regional and international judicial mechanisms and their application in West Africa. He also discusses various legal instruments, tools and mechanisms, such as the Malabo Protocol, the African Court on Human and Peoples’ Rights, the International Criminal Court and hybrid courts.

Commentary & Reports

United Nations Office of the High Commissioner for Human Rights “Preliminary Observations from the Official Visit to The Gambia by the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Fabián Salvioli, from 20 to 27 November 2019” 

This preliminary report by the Special Rapporteur on transitional justice assesses measures adopted by Gambian authorities in the fields of truth, justice, reparations, memory and guarantees of non-recurrence. In his remarks, the Special Rapporteur recognises the progress achieved so far and commends the Truth Commission for getting the population’s attention. He also expresses concern about the long wait for prosecutions and reparations for victims, and an apparent lack of institutional reforms and vetting. 

Gambia Centre for Victims of Human Rights Violations “Submission of an alternative report on the country situation in The Gambia” (2019) 

The Gambia victim’s organisation wrote this submission to the UN Human Rights Committee, on the occasion of Gambia’s Universal Periodic Review. The Victims’ Centre expresses concern that, beyond truth-seeking, transitional justice mechanisms have been neglected, highlighting in particular a lack of vetting in the civil and security services, the ongoing use of excessive force by the police, and the continued existence of the National Intelligence Agency (NIA). The Victims’ Centre expresses frustration at the lack of a prosecutorial strategy, noting that charges were dropped against alleged perpetrators without explanation. 

Fatou Jagne “New regime crackdown a chilling reminder of 22 years of repression” (Article 19: 28 January 2020) 

Fatou Jagne expresses concern at the apparent increase in crackdowns on protesters and journalists in The Gambia. In this opinion piece, she calls for an immediate investigation into the excessive use of force during a protest on 26 January 2020. She cites the closure of two radio stations, the arrest of journalists and a ban placed on the ‘Three Years Jotna’ movement, calling the incidents ‘chilling reminders’ of past repression.  

Amnesties 

How have amnesties impacted on domestic efforts to hold those responsible for international crimes to account in the Gambia?

The TRRC Act makes the Commission responsible for recommending amnesties for perpetrators of human rights violations who give a truthful confession and express remorse for their actions. After the publication of the TRRC final report in December 2021, the Commission announced that individuals eligible for amnesty could submit applications by 21 January 2022, in line with Section 19 of the TRRC Act. To qualify, applicants were required to submit a full and truthful written disclosure of their involvement in human rights violations and to demonstrate genuine remorse. Amnesty is limited to criminal responsibility only and does not affect other sanctions such as bans from public office.

The TRRC established an amnesty committee, chaired by Commissioner James Allen Yaw Odico, to review the applications. The committee conducted its work entirely behind closed doors and in March 2022, its report was approved by the full TRRC and submitted to the Gambian Minister of Justice. Of the 25 amnesty applications reviewed, the committee dismissed 11 from individuals who were not recommended for prosecution or were only barred from public office, denied amnesty to 8 individuals recommended for prosecution, including senior political, military, and former “Jungler” figures, and recommended amnesty for five lower-ranking perpetrators involved in specific crimes. 

The amnesty committee’s conclusions prompted criticism from victims’ groups, who denounced the lack of transparency and victim participation in the amnesty process. The recommendation to grant amnesty to former junta vice-chairman Sanna Sabally, in particular, sparked outrage, given his central role in serious crimes committed during the Jammeh era. Victims’ families and Gambian civil society organisations notably issued a press statement condemning this decision.

Following the committee’s recommendations, the Gambian government outlined in its 2022 White Paper which amnesty applications it accepted and rejected. While the government endorsed most of them, it rejected the one of Sanna Sabally. The government concluded that, despite his disclosure and expressions of remorse, he bears one of the highest levels of responsibility for grave human rights violations, most notably the extrajudicial killings of 11 November 1994, and should therefore not benefit from amnesty. This decision might have been influenced by the strong public and victims’ backlash.

 

Commentary & Reports

Kebba Ansu Manneh  “Trading Truth for TRRC Amnesty; Who’ll get off the Hook?” (The Chronicle: 23 February 2019) 

Captain Bubacarr Bah was the first witness to confess before the TRRC. He asked for forgiveness and expressed his wish to apply for amnesty. The testimony was a source of diverging opinions in Gambian society. Part of the TRRC mandate includes creating an amnesty commission and recommending prosecutions, but the TRRC is already late into its work and, as yet, has not clarified how an amnesty procedure will work. 

Mustapha Darboe“Gambia: the Truth Shall Set You Free – or Not” (JusticeInfo: 2 June 2020) 

The former Minister of Justice appears to have made a deal with jailed ‘Junglers’, President Jammeh’s unit of elite hitmen. The Junglers who told the truth before the TRRC were granted temporary release. It then fell to the Minister to determine the truthfulness of their statements, freeing some and retaining others.

Sait Matty Jaw “The Gambia: Why MPs just shot down the popular new draft constitution” (African Arguments: 24 September 2020) EN/FR

Passing a new constitution in Gambia would have marked a clear break with the dictatorship of former President Jammeh. The 2018 Afrobarometer survey found strong support for the draft constitution’s key provisions, such as presidential term limits and quotas for women’s representation in the National Assembly. Though widely supported by citizens, the constitution did not pass in the National Assembly. 

Sait Matty Jaw argues that those voting against it were motivated by a desire to allow President Barrow to stay in office. The future of the draft constitution is unknown. What is clear, however, is that Gambia’s 2021 presidential election will be organised under the problematic 1997 Constitution.

Interview: Essa Faal “We don’t want the truth commission to be seen as a toothless bulldog” (JusticeInfo: 20 January 2020)

This interview with TRRC Lead Counsel Essa Faal covers a range of topics, including some of the most controversial issues that emerged in the first year of the Commission’s work. Faal discusses the progress of the TRRC and its impacts on Gambians. He also explains his work as a prosecutor in the early years of the Jammeh regime. 

The interview continues with more controversial topics, such as the release of perpetrators who confessed to the TRRC, the lack of clarity around amnesties, and accusations of wrongdoing made by witnesses against ICC Prosecutor, Fatou Bensouda, when she served in the Gambian Justice Ministry

Prosecuting sexual violence

Sexual assault and exploitation were an integral part of President Jammeh’s regime. This violence was largely unreported, due to fear of retribution and the severe social stigma that survivors often face. Since the democratic transition, civil society and victims’ groups have unearthed evidence of a sophisticated system of sexual exploitation and abuse under President Jammeh. Survivors recount that Jammeh abused his authority as President and his control over government institutions to coerce young women into his sphere of influence before assaulting them.

Beyond the many allegations of sexual violence implicating Jammeh and his close associates, SGBV also featured in wider patterns of human rights violations committed by security and state institutions under the former government such as arbitrary arrest, torture, ill-treatment, forced labour and land confiscation, as revealed by consultations with rural women conducted by the ICTJ.

In its final report, the TRRC dedicated an entire section to SGBV, concluding that SGBV was both widespread and systematic under Jammeh’s rule, with security forces, particularly the Junglers, committing rape and sexual abuse on his orders as tools of repression, torture, and punishment. Women and girls were disproportionately affected, notably through abuses carried out with impunity by senior officials, including Jammeh himself who was directly implicated in acts of SGBV such as the rape of Fatou “Toufah” Jallow.

Fatou “Toufah” Jallow’s testimony before the TRRC in 2019 exposed the culture of impunity for sexual violence during Jammeh’s rule, starting a #MeToo movement in The Gambia, with many women coming forward. Toufah’s story, alongside those of other survivors who testified at the TRRC, painted a portrait of a system that allowed men in positions of power to engage in SGBV against women without facing any consequences. While the TRRC identified at least 25 survivors of SGBV, numbers are likely to be significantly higher.

The TRRC issued interim reparations to address survivors’ needs, but gaps persist, exemplified by the deaths of Sukai Dahaba and Nogoi Njie before receiving justice. In addition, in its final report, the TRRC not only set out recommendations aimed at ending impunity for SGBV and providing reparations and support to survivors but also called for public outreach to raise awareness of SGBV, its long-term consequences, and applicable laws.

However, despite these efforts, much remains to be done to provide reparations for Jammeh-era SGBV survivors and to end impunity for SGBV in The Gambia as it remains widespread in the country. The government should urgently prioritize psychosocial, medical, and financial support for survivors as well as continue to fight the pervasive culture of SGBV. 

 

Commentary & Reports

Birgit Schwarz & Marion Volkmann “Gambia’s Women Break Their Silence” (Human Rights Watch: 26 June 2019)  

In this interview, SGVB Expert Marion Volkman describes the approach she and her associates adopted when investigating sexual crimes committed by former President Jammeh. The interview also details the efforts to find justice of survivor and activist, Toufah Jallow. Jallow has come forward in hopes that her story can help break a culture of silence which made it difficult for her to seek help and continues to perpetuate violence against women.

Submission of rural women to TRRC (ICTJ: 2020)

Working through local women’s groups, the ICTJ facilitated a series of dialogues where women could learn about the Truth Commission and speak about their own experiences and their recommendations for the TRRC. The initiative aimed to give women who were not comfortable giving public testimony a platform to be acknowledged and heard at the national level. 

The Special Tribunal for The Gambia

On 15 December 2024, ECOWAS officially established the Special Tribunal for The Gambia to prosecute perpetrators of gross human rights violations committed in the country between 1994 and 2017. It is the first time a regional organisation has set up a judicial mechanism specifically to address atrocity crimes committed within a member state. ECOWAS’ involvement has been both political and legal, providing legitimacy and technical expertise to the process. 

Under the Special Prosecutor’s Office Act, the Tribunal has jurisdiction over “cases of serious human rights violations and international and domestic crimes” committed between July 1994 and January 2017. Its mandate is focused on the most serious crimes, and those bearing the greatest responsibility. The tribunal has exclusive jurisdiction over international crimes, including crimes against humanity, war crimes, and genocide, while less complex cases may be handled by national courts following a case-triage process conducted by the Special Prosecutor’s Office. The Special Prosecutor has discretion to initiate proceedings before either the Special Tribunal or the Special Criminal Division of the High Court. Cases may also be referred to an international court with relevant jurisdiction, with the Attorney General’s approval.

Building on years of groundwork, most notably through the TRRC, the Special Tribunal reflects a strong degree of national ownership while benefiting from regional and international support. It will operate as a hybrid court, applying Gambian law, customary law, and international law, and staffed by a combination of Gambian and international judges, prosecutors, defence counsel, etc. with priority being given to qualified Gambians. 

Institutionally, the tribunal will be seated in The Gambia but operate outside the ordinary Gambian judiciary, ensuring both independence and proximity to victims and affected communities. Particular emphasis has been placed on centring victims’ experiences and priorities throughout the accountability process, moving beyond mere participation to promote meaningful victim leadership.

Prosecutions may stem directly from TRRC recommendations or from further investigations. However, while TRRC findings provide a valuable evidentiary foundation, their use in criminal proceedings raises admissibility concerns, as the TRRC was a truth-seeking, non-judicial body. The Special Tribunal  will need to carefully assess the reliability and chain of custody of such evidence to meet fair trial standards. 

While the legal and institutional architecture is now in place and political will has been clearly expressed, significant challenges remain. The Special Tribunal faces serious funding constraints, exacerbated by recent cuts to international assistance, including from the United States of America. Sustained financial and technical support will be essential to ensure that the tribunal can operate effectively.

Despite funding obstacles, the Special Tribunal for The Gambia represents a major step forward in the country’s transitional justice process. If adequately supported, it has the potential not only to deliver long-awaited justice for Jammeh-era crimes, but also to serve as a model for other countries.

Commentary & Reports

Mustapha Darboe “Key Junta Member Touray puts Gambia’s Truth Commission to the Test” (JusticeInfo: 28 June 2019)

Yankuba Touray was one of the leaders of the 1994 military coup. When summoned before the TRRC, Touray claimed that he was protected by ‘constitutional immunity’ and walked out. The TRRC filed a case of contempt and ordered his arrest. His claim to immunity bestowed by the 1997 Constitution raises questions about whether the provisions of immunity specified in that Constitution do indeed apply. Touray’s actions also tested the extent to which the TRRC can compel witnesses to speak.

Human Rights Watch “Gambia: Commission Uncovers Ex-Dictator’s Alleged Crimes” (HRW: 4 December 2019) 

During the first year of the TRRC’s work, 168 witnesses spoke to the Commission, including high-level officials from the former regime. The commission has amassed significant testimony, including confessions that link the former president to direct responsibility for grave crimes, including sexual violence, the murder of 56 West African migrants as well as poisoning and abusing villagers during ‘witch hunts’.  

Louise Hunt “The Truth is not enough for Gambia’s regime victims” (The New Humanitarian: 23 September 2019)  

The TRRC has managed to secure numerous confessions from high-level perpetrators. For some victims, these confessions have come at a high cost. The release of ‘Junglers’, based on agreement between Minister of Justice and former detainees, left victims feeling betrayed. Also, the central role played by the Justice Ministry raises questions about the independence of the transitional justice process.  

Extradition of Yahya Jammeh

With the creation of the Special Tribunal for The Gambia, the prospect of bringing former Gambian dictator Yahya Jammeh to justice seems more tangible. However, he remains at large, living in Equatorial Guinea. Advocacy for his prosecution has intensified, yet no extradition or trial has occurred, as there has been no official extradition request yet nor any real pressure from international actors.

Equatorial Guinea has remained largely silent on Yahya Jammeh’s presence in the country, where he lives discreetly and out of public view. Extradition would require a specific agreement between The Gambia and Equatorial Guinea, most likely prompted by a formal extradition request, and would ultimately need the approval of Equatorial Guinea’s President, Teodoro Obiang, but no concrete steps have been taken yet despite diplomatic engagement between the two states. It is plausible that The Gambia is waiting for the Special Tribunal to be fully operational before formally issuing an extradition request, as this would facilitate Jammeh’s prosecution.

A forced surrender also remains unlikely without strong international pressure, which has been absent so far, due to a fragmented ECOWAS, a weakened African Union, and divisions within the UN, in addition to Equatorial Guinea’s own security concerns and President Obiang’s reluctance to surrender Jammeh, given that doing so could set a precedent affecting other exiled leaders and potentially his own position in the future.

On the other hand, a voluntary return might be on the table as Jammeh himself stated on 22 January 2025 that he intended to return to The Gambia, as several of his former Junglers have already done. He has recently reasserted leadership of his party, and his situation in Equatorial Guinea, residing in a foreign country with a different language and religion, isolated from his country and relatives, might prompt him to return of his own accord. However, some observers have called this announcement “mere propaganda to stay relevant”, describing it as “a desperate political move” on Jammeh’s part, aimed at regaining public attention in the face of his declining political influence.

Jammeh could also theoretically face prosecution abroad under universal jurisdiction, though to this day no state has initiated proceedings. Jammeh could for example face trial in Ghana, as the TRRC found that he ordered the murder of 56 African migrants, including 44 Ghanaians, which could give Ghana jurisdiction under its domestic law. 

 

Commentary & Reports

Franklin Oduro “Bringing Yahya Jammeh to Justice in Ghana” (Wilson Center – Africa Up Close: 5 September 2018)

This article details the first steps in a victim-driven effort to bring Yahya Jammeh to trial. A coalition of victims and civil society organisations are mobilising for the extradition of Jammeh to Ghana, where he would face charges for the murder of African migrants in 2005.

Universal jurisdiction  

Several landmark trials against former members of the “Junglers” have taken place outside The Gambia, as foreign courts have exercised universal jurisdiction to hold perpetrators accountable. 

The first one, against Bai Lowe, a former member of the Gambian “Junglers”, resulted in a life imprisonment sentence issued by a German court for crimes against humanity. This marked the first trial under universal jurisdiction for crimes committed during Yahya Jammeh’s presidency. Lowe was convicted of the murders of journalist Deyda Hydara (2004) and soldier Dawda Nyassi (2006), and the attempted murder of lawyer Ousman Sillah (2003). Arrested in Germany in 2021, Lowe’s trial relied on extensive witness testimony, documents, and TRRC records. The case was considered historic as it held a member of Jammeh’s repressive apparatus accountable and set a precedent for future prosecutions against other perpetrators.

Another case concerns Michael Sang Correa, a former ‘Jungler’, who was indicted in the United States on torture charges in June 2020, following his arrest in September 2019 for overstaying his visa. He had been living in the US since 2016, having initially entered the country to work as a bodyguard for The Gambia’s vice president during an official visit to the UN. Correa was charged under the 1994 Extraterritorial Torture Act (18 USC 234OA), a law that allows anyone present in the USA to be tried for acts of torture, regardless of their nationality, the nationality of their victims, or the location where the acts were committed. On 22 August 2025, a Denver court convicted Correa on five counts of torture and one of conspiracy to commit torture, sentencing him to 67 and a half years in prison.

Ousman Sonko, another former ‘Jungler’ and Interior Minister under Jammeh, was also tried under universal jurisdiction by Swiss courts. He was arrested in Switzerland in 2017, where he had been living since 2016. He was arrested after the human rights organisation TRIAL International filed a complaint against him for serious human rights violations. The Gambian government, through the office of the Ministry of Justice, and the TRRC both cooperated with Swiss authorities in this case by providing evidence and statements. 

On 15 May 2024, Sonko was convicted of crimes against humanity, including multiple counts of intentional homicide, false imprisonment, and torture. He received the maximum sentence under Swiss law: 20 years in prison, along with a 12-year expulsion from the country and was ordered to pay approximately USD 3.9 million in compensation, with USD 16,000 already allocated to victims from forfeited assets. Gambian and international human rights advocates hailed Sonko’s conviction as a significant step for justice and a strong signal to perpetrators worldwide. However, the verdict also faced some criticism as Sonko was not convicted on any SGBV charges. Sonko appealed the decision, with the appeal trial scheduled to begin on 26 March 2026 before the Higher Appeals Chamber of the Swiss Federal Criminal Court. 

Play Video

Justice for Victims in Liberia: Application of the Principle of Universal Jurisdiction

Alain Werner, Director of Civitas Maxima, looks back at the trials that took place in France, Switzerland and the United States for war crimes committed in Liberia. In this interview, Werner presents the work of Civitas Maxima as well as the different judicial mechanisms that were implemented to bring justice to the victims. Werner underlines the importance of these initiatives and hopes to one day see justice done on Liberian territory.

 

Commentary & Reports

Mustapha Darboe “Ousman Sonko: A view on the Swiss Case, From Gambia’s Truth Commission” (JusticeInfo: 7 May 2020) 

Ousman Sonko has been imprisoned in Switzerland where he may be prosecuted for serious crimes allegedly committed under his authority in the Gambia. The TRRC has contributed significantly to the work of the Swiss judiciary. Hundreds of testimonies have been collected by the TRRC, with Sonko’s name emerging several times in witness statements.

Human Rights Watch “Gambia: US Charges Alleged ‘Death Squad’ Member of Torture” (HRW: 12 June 2020)

The indictment of Michael Correa is the first prosecution of a member of Jammeh’s death squads anywhere in the world. Correa is implicated in some of the Jammeh government’s most notorious crimes. The indictment comes in part due to the work of a coalition of victims and human rights organisations which urged justice officials in the USA to investigate allegations of international crimes committed by Correa.

The Wayamo Foundation is an independent, non-profit organisation established to strengthen the rule of law, promote justice for international and transnational crimes and foster transparency through judicial capacity building, mediation and informed journalism.

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