In a groundbreaking development, the Gambian Parliament has passed two crucial legal instruments aimed at establishing a special court and a special prosecutor’s office. These institutions are specifically designed to address the grave human rights violations that occurred during the oppressive 22-year rule of former dictator Yahya Jammeh. This decision comes on the heels of the damning revelations from the 2019 Truth, Reconciliation and Reparations Commission, which uncovered a litany of atrocities, including nearly 200 unlawful killings primarily carried out by a notorious death squad known as the Junglers. Despite being in self-imposed exile in Equatorial Guinea since 2016, Jammeh, along with other high-ranking officials, may now be brought to justice for their alleged crimes against humanity.
The establishment of these legal bodies represents a monumental step towards justice and accountability for the victims of Jammeh’s brutal regime. The Gambia Bar Association has lauded this development as a testament to Gambia’s unwavering commitment to upholding the rule of law and ensuring that those responsible for egregious human rights violations are held accountable. Notably, both the special court and the special prosecutor’s office will operate independently of Gambia’s Ministry of Justice and the judiciary, guaranteeing impartiality and transparency in the legal proceedings.
Nevertheless, the successful implementation of these measures is not without its challenges, chief among them being the financial burden. Similar special courts, such as the Special Court for Sierra Leone, have incurred substantial costs, raising concerns about the strain on Gambia’s limited resources. To address these challenges, the government may need to explore cost-effective strategies, such as limiting the number of international staff and carefully managing the caseload.
Despite these challenges, the passage of these acts represents a significant milestone in Gambia’s journey towards justice and reconciliation. Madi Ceesay, a prominent human rights advocate in Gambia, emphasized the pivotal role of justice in fostering genuine reconciliation, asserting that without accountability, there can be no forgiveness. Overall, the establishment of the special court and prosecutor’s office signals Gambia’s steadfast commitment to confronting its past and building a future founded on the principles of justice, accountability, and respect for human rights.