TRUTH, RECONCILIATION & REPARATIONS COMMISSION (TRRC) DIGEST ©Helen Jones-Florio Photo: Newspaper The Point ANEKED & © 2020 EDITIONS 13&14 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 endeavour 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. #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. © Lena Nian Photo: Jeshwang Prison, where some witnesses testified they where kept under harsh and cruel conditions. 3| DISCREPANCIES/CONFLICTING TESTIMONIES Ebrima Jammeh versus Lamin Jah Ebrima Jammeh reluctantly confessed to torturing Lamin Jah and claimed that he had only beaten him once, which contradicts the allegations put forward by Lamin Jah who attested that after they beat him the first time, the hood was removed from his head and he recognised Ebrima Jammeh also known as Chief Torturer, PO Jabang and PO Fadera holding blackjacks. Deputy Director Sefla (Yahya Jarju), who was sitting in a corner on a chair, instructed them in Mandinka to “Put him up again”, which they did however without placing the hood over his head and they started beating him again, before placing him in a hole, which had been dug and pouring water over him. Ebrima Jammeh also denied being called Chief Torturer though Lamin Jah and other witnesses who testified before the Commission during session 14 identified this as his alias. David Colley David Colley’s testimony conflicted with the testimonies of witnesses given during session 14. He either feigned ignorance or maintained that witnesses had lied despite several witnesses putting forward the same allegations including the incident of the dead bull, which resulted in inmates falling sick and dying. David Colley went as far as denying that three prisoners died from the rotten meat. He also vehemently refuted the allegations put forward by Tida Jaiteh that she bought him a generator, gave him 10,000 dalasi and facilitated the purchase of televisions and amplifiers for the prison, and for his (David Colley) personal use, in order to secure her husband’s access to the hospital. He again denied being aware of any beatings in the prison or condoning the torture of prisoners. |4 OVERVIEW In the course of the sessions, the human rights violations reported include: The 13th session of the public hearings of the Truth, Reconciliation and Reparations Commission, TRRC, -Arbitrary arrest and detention th began on 16 March 2020 and was suspended -Torture (including sexual assault), cruel, inhuman th on 18 March 2020 in line with the Government’s or degrading treatment or punishment efforts to contain the COVID-19 (Coronavirus) crisis in the country. The session heard testimonies -Enforced disappearance regarding the unlawful attacks against road users -Extrajudicial killing by Yahya Jammeh’s convoys as well as the Junglers and the impact these tragic encounters had on their -Forced labour lives. -Ethnic discrimination The TRRC resumed its hearings on 8th June with session 14, with a focus on the prisons system -Denial of medical treatment during the Yahya Jammeh regime and the violations -Denial of access to food of the rights of inmates and detainees, including political opponents held at the three prisons in 57 persons were mentioned by witnesses in relation The Gambia: Mile 2, Jeshwang and Janjabureh. to human rights violations and crimes committed, Witnesses testified to a system plagued by corruption namely1: including theft of prison provisions and nepotism, Ensa BADJIE (alias Jesus): Inspector General of ethnic discrimination, brutal torture and unlawful Police, IGP from June 2008 to March 2010. Accused confinement practices, including unreasonably long of arbitrary detention and assault of Musa Sallah. detention of inmates. Testimonies also revealed the Ensa “Jesus” Badjie was unlawfully dismissed in deplorable conditions of the prison facilities, the March 2010, arrested, tortured and sentenced to poor quality of food available, which many attributed life imprisonment on robbery-related offences. He to the causing of non-communicable diseases such was pardoned in 2015. According to several media as beriberi and the unlawful denial of access to reports, he was reinstated back into the police force and/or inadequate medical services for inmates with the rank of police commissioner in February with serious consequences and even death of 2020. prison inmates. The 14th session also briefly touched on the unlawful Adama BADJIE: Assistant Superintendent of execution of the death row inmates in 2012 as well Prisons, ASP, in the Gambia Prison Service, GPS, as the murder of Baba Jobe, one of Yahya Jammeh’s in 2016. Accused of torturing Omar Jallow, Lamin former confident. Jah, Derrick Bright, Stanley, Modou Sonko, Makodou Jakiteh and Soriba Conde in 2016. Witnesses testified in various local languages and as in previous sessions, there were issues with the Ousman BADJIE: Minister of Interior from 1999 to quality of the interpretation, with some interpretation 2003. Accused of the arbitrary detention of Sanna not fully conveying what the witness had said or Sabally and Baba Jobe. Reported to be a project omitting elements, thus impacting the accuracy of coordinator for a project being implemented in the translation. Casamance in 2019. In total, 19 persons testified, including two women*. Mamadou BAH: Police officer in 2011. Accused Prisons officers accused of torture also testified. *According to information we have, there was a total of four protected witnesses who testified during sessions 13 & 14. However, due to transmission issues, it is possible that the testimonies were not available for airing. Should this information be accurate, we will include these testimonies in subsequent Digests. 5| 1The allegations against individuals listed here are only those that were mentioned in this session. Individuals might have been accused of other crimes in previous sessions. Please check our previous Digests. of torture of unnamed person and the enforced Nuha DARBOE: Prison officer. Accused of torture of disappearance of Amadou Scattred Janneh in 2011. Musa Susso. Peter BOJANG: Prison officer in 2012. Accused of Omar DUMBUYA: Police officer in 2003-2004. the arbitrary arrest of Jombo Jallow in 2012. Accused of arbitrary arrest and torture/sexual assault of Samba Doro Bah in 2003; arbitrary arrest, Muhammed BOJANG/JAMMEH: Officer in the GPS. assault, and torture of Baba Galleh Jallow in 2004. Accused of assault of Baba Galleh Jallow, Omar Sey, and Mballow Kanteh. Buba FADERA: Prison officer. Accused of denial of medical treatment to Mbemba Gassama and Modou Kebba CEESAY: Commissioner in the GPS in 2016. Njie. Accused of arbitrary arrest and detention of Abdou Jammeh in 2016. Lamin FADERA: Principal Officer, PO in GPS. Accused of being present during the torture of Omar Jallow, Ali CEESAY: Prison officer from 1989 to 2010. Derrick Bright, Stanley, Modou Sonko, Makodou Confessed to being present during the torture of Jakiteh and Soriba Conde in 2016. Accused of Musa Susso. participating in the torture of Lamin Jah. David COLLEY (alias Mansa Colley): Former Lamin JABANG: PO in GPS in 2016. Accused of being Director General of the GPS. Accused of torture present during the torture of Omar Jallow, Derrick of prison inmates including of Musa Susso, and Bright, Stanley, Modou Sonko, Makodou Jakiteh and of Omar Jallow, Lamin Jah, Derrick Bright, Stanley, Soriba Conde in 2016 and the arbitrary arrest and Modou Sonko, Makodou and Soriba Conde in 2016; detention of Abdou Jammeh in 2016. Accused of arbitrary arrest, arbitrary detention and enforced participating in the torture of Lamin Jah. disappearance of political prisoners and prison officers, including Abdou Jammeh in 2016; cruel, Muhammed JABBI: Sub-inspector in GPS. Accused inhuman and degrading treatment or punishment; of torture of inmates, including Soriba Conde, Lamin denial of medical treatment to inmates, include of Jah, and Makodou Jakiteh, as well as the assault Seedy Jaiteh in 2016 and Lang Tombong Tamba; of Falu Ceesay. Reported to have been suspended consumption by fraudulent means/food poisoning; from the GPS3.