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Truth, Reconciliation & Reparations Commission (TRRC) Digest Edition 6

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Truth, Reconciliation & Reparations Commission (TRRC) Digest Edition 6 Photo: Jason Florio Newspaper The Point ANEKED & © 2019 Presented by: 1| The Truth, Reconciliation and Reparations Commission (TRRC) is mandated to investigate and establish an impartial historical record of the nature, causes and extent of violations and abuses of human rights committed during the period of July 1994 to January 2017 and to consider the granting of reparations to victims and for connected matters. It started public hearings on 7th January 2019 and will proceed in chronological order, examining the most serious human rights violations that occurred from 1994 to 2017 during the rule of former President Yahya Jammeh. While the testimonies are widely reported in the press and commented on social media, triggering vivid discussions and questions regarding the current transitional process in the country, a summary of each thematic focus/event and its findings is missing. The TRRC Digests seek to widen the circle of stakeholders in the transitional justice process in The Gambia by providing Gambians and interested international actors, with a constructive recount of each session, presenting the witnesses and listing the names of the persons mentioned in relation to human rights violations and – as the case may be – their current position within State, regional or international institutions. Furthermore, the Digests endeavor to highlight trends and patterns of human rights violations and abuses that occurred and as recounted during the TRRC hearings. In doing so, the TRRC Digests provide a necessary record of information and evidence uncovered – and may serve as “checks and balances” at the end of the TRRC’s work. After each release, the Digests are translated into Fula, Jola, Mandika and Wolof, and transmitted over local radio stations. In addition to translation and transmission of the Digests, ANEKED and The Point Newspaper facilitate panel discussions which aim to engage journalists, activists, victims, politicians and the general public to expand on the themes of the sessions, the trends and patterns arising as well as how the country can learn from the findings to prevent such atrocities in the future (#NeverAgain). |2 DISCLAIMER The current publication is NOT a document emanating from the TRRC. It is produced by ANEKED and The Point Newspaper. The information in this publication has been compiled from live testimonies given at the TRRC hearings. Great care has been taken to accurately represent the verbal testimonies, however errors cannot be fully excluded. Please note that the culpability of any persons mentioned by witnesses can only be established by a competent court. Discrepancies and conflicting testimonies are highlighted on the next page. Photo: Jason Florio Photo: Jason Sarjo Manneh holds a photo of his son Chief Ebrima Manneh (left) with Yahya Jammeh. Ebrima Manneh was forcibly disappeared and allegedly killed on the orders of Yahya Jammeh after he wrote an article about term limits for the Gambian presidency. 3| DISCREPANCIES/CONFLICTED TESTIMONIES INCIDENTS NOT PROBED BY THE TRRC Malick Jatta vs Omar A. Jallow While in his testimony Malick Jatta mentioned Omar On the enforced disappearance and killings of the A. Jallow as one of the soldiers involved in the killing West African migrants, Malick Jatta explained that of Daba Marenah, Alpha Bah, Ebou Lowe, Alieu his team did not drive to Kombo to pick-up the Ceesay, Manlafi Corr, Masi Jammeh and a woman migrants but waited around Kanilai as the convoy called Julia, the Lead Counsel did not question the arrived: “When they reached Woni, they saw a witness Omar A. Jallow about this incident. convoy of vehicles with full light heading towards In the course of this testimony Omar A. Jallow them. Solo Bojang then led the convoy heading confessed to having participated in different torture south to Casamance to a place near the graveyard sessions namely the torture of Imam Baba Leigh, of a village”. Imam Bakawsu (Fofana) and a Marabou/Imam Omar A. Jallow refuted that version of the facts, whose name the witness could not remember and in the torture of the 30th December 2014 coup saying that: “They used two vehicles and drove plotters, including Sarjo Jarju alias Hitler, Lieutenant to Banjul and picked almost 30 men from a white Amadou Sowe and another captain from the training 1 building, near to Coconut Residence which was school, whose name he could not remember either; secured by officers from the Police Intervention and another man at the NIA, but he did not know Unit, PIU. He confirmed that Malick Jatta was part who this man was. While the Lead Counsel asked of this trip and that it was not true that he waited the witness to describe the torture meted on the in Kanilai and joined the convoy later”. Imams, he did not probe the witness as to the circumstances surrounding the torture of the 30th Regarding the actual act of killing, Malick Jatta December 2014 coup plotters. claimed that he killed only one person: “After the killing, the witness said that he went back and sat in the vehicle and claimed to be “traumatised, confused. I cannot even explain the mood”. Omar A. Jallow however stated that this statement of Malick Jatta was “a lie and while he did not know the exact number [of persons killed by Malick Jatta], it was surely more than five and more than the number Malick Jatta had confessed to. He also said that it was untrue that Malick Jatta went back to the vehicle after the shooting of the first person and stayed there. When asked if he believed that Malick Jatta was trying to minimise his own involvement, the witness said that it was possible”. When naming the soldiers involved in the killings of migrants, Malick Jatta did not mention Omar A. Jallow, while Omar A. Jallow confessed having taken part in the operation. 1A luxury hotel near Banjul. |4 OVERVIEW to committing human rights violations and 13 victims (including 2 women). 3 persons testified via video th The TRRC resumed its hearings on 8 July 2019 conferencing/Skype. and ran until 25th July 2019. The sixth session focused on the suppression of the media and In the course of the session, the human rights the freedom of the press, most specifically the violations reported include: persecution, arbitrary arrest, detention, torture and forced disappearance of journalists who under -Arbitrary arrest and detention Yahya Jammeh were often called the “illegitimate -Enforced disappearance sons of Africa”. -Torture The session also looked into the extrajudicial killing of Deyda Hydara in 2004, the co-founder and editor -Extrajudicial killing of The Point Newspaper, a turning point in the attacks meted onto journalists by Yahya Jammeh. -Detention under inhumane and degrading Further testimonies were also heard regarding the conditions aftermath of the March 2006 failed coup, which led -Corruption of justice to suspected coup plotters being arbitrary arrested, detained, tortured and forcibly disappeared by the -Persecution regime. Witnesses also discussed the execution of the 59 persons were mentioned by witnesses in relation nine inmates in 2012 and the unlawful arrest and to human rights violations committed, namely: detention of political activists. The serious human rights violations committed by the -Amadou BADJIE (nickname Chairman): Member of National Intelligence Agency, NIA and the infamous the death squad team “the Junglers”. Confessed of death squad team known as the “Junglers” were a having participated in the enforced disappearance recurrent theme throughout the session. and killing of nine Mile 2 Prison inmates in 2012; of Ebou Jobe and Mamut Ceesay in 2013; of Toumani The last week of the session saw three members Jallow and Abdoulie Gaye in 2016. Confessed of of the Junglers, Malick Jatta, Omar. A Jallow and having participating in the arbitrary arrest of Ndure Amadou Badjie testify before the Commission about Cham in 2013 and of having participating in the the crimes against humanity committed under direct torture of Bakawsu Fofana and Imam Baba Leigh in orders of Yahya Jammeh, and claim responsibility in 2012. Arrested in February 2017 and released on a number of high-profile cases, including the forced 10th August 2019 following recommendation from disappearance and the massacre of over 50 West the Minister of Justice Abubacarr Tambadou after African migrants in 2005. his testimony at the TRRC. The three men were subsequently released from custody on 10th August 2019 following -Buba BADJIE: Police officer moved to the State recommendation from the Minister of Justice, House and incorporated to the Patrol Team Abubacarr Tambadou. and accused of having participated in enforced disappearance and the killing of nine Mile 2 Prison During the sixth session of the TRRC hearings, 16 inmates in 2012. persons testified including 3 persons who confessed 5| -Ensa BADJIE (alias Jesus): Former Inspector of Ebou Jobe and Mamut Ceesay in 2013. Accused General of Police, IGP. Accused of intimidating of participating in the enforced disappearance of witnesses, of persecuting journalist Pap Saine in Ndure Cham in 2013. Arrested in February 2017 2009 and of the arbitrary arrest of Halifah Sallah and later charged with the murder of Solo Sandeng. in 2009. -Foday BARRY: NIA official accused of being present -Musa BADJIE: Member of the death squad team during the interrogation Demba Ali Jawo without due “the Junglers”. Accused of having participated in process. the enforced disappearance and killing of West African migrants
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