8th January 2024 19:39

Day 1: Answers to the defense’s critics of the proceedings

After the defense’s oral arguments on preliminary questions, the Federal Prosecutor took the floor and reacted to the critics regarding the indictment’s amendment. He stated that the procedural code in fact allows such modifications and, hence, that there is no ground to attack the indictment. The Prosecutor then recalled that crimes against humanity are not subject to statute of limitations and that, as a result, none of the charges brought against Ousman Sonko should be considered as time-barred.

The Federal Prosecutor further argued that the Court had the jurisdiction over Ousman Sonko’s alleged crimes and that there had been no violation of the procedural law during the investigation.

The plaintiffs’ lawyers consecutively took the stand. They highlighted that the defense had been deploying many efforts to point out procedural errors made by the Federal Prosecutor during the investigative phase, with the sole purpose of having useful evidence removed from the casefile.

Regarding the Court’s jurisdiction to prosecute and the statute of limitations, it was argued that Swiss jurisdiction over the offenses in question derives not only from the new law adopted in January 2011 – claimed to be applicable to facts committed before that date – but also from the ratification of the Convention against Torture. It was notably referred to the Swiss precedent that unequivocally confirmed the Court’s jurisdiction over crimes against humanity committed in the 1990s in Liberia (Alieu Kosiah – Decision of the Appeal Court of the Federal Criminal Court CA.2022.8 of 30 May 2023) and insisted on the fact that the offenses were not time-barred in application of recent case law (case BB.2021.141 of 23 September 2021).

Finally, the rightful amendment of the indictment by the Prosecutor was supported by the lawyers of the victims of torture in 2016, who were imprisoned in the worst detention conditions, to the extent that they should be considered as inhumane treatment. They argued that Ousman Sonko’s only hope in challenging the legality of the indictment’s modification is to avoid his criminal responsibility, as Minister of Interior, for having imposed or agreed to such harsh detention conditions.

The Court adjourned the hearing to deliberate on these issues.

The decision from the Court is eagerly awaited, for as it will draw the contours of Ousman Sonko’s trial and, his possible criminal responsibility. It is also expected to stand as an important legal precedent with regards to the prosecution – in Switzerland – of international crimes committed before 01 January 2011.

Upcoming next: Reading of the Court’s decision at 1PM (CET) 9 January 2024.