The 23rd of January 2024 marked the termination of all the parties’ hearings. In accordance with the procedural code, the parties were then given the opportunity to request additional evidence.
The Prosecutor and the plaintiffs recalled that several persons could still be heard in order to support the existence of a system set up to repress the civilian population in the frame of the 2006 events and that the complete casefile that led to the recent conviction of Bai Lowe in Germany be added as evidence material, as well as the asylum claim made by the accused in Sweden.
On the legal aspects, it was stressed that the facts at stake could constitute the aggravated offense of crimes against humanity (art. 264a al. 2 of the Swiss Criminal Code – SCC) and that the criminal responsibility of Ousman Sonko should not only be looked at as an active behavior but also as an omission (passive behavior), through the lens of the responsibility of the superior with regards to the 2016 events.
The defense criticized TRIAL International’s support provided to the plaintiffs in the course of the proceedings as well as during the trial. It questioned the financing of the plaintiffs’ travels to Switzerland to attend the trial and addressed direct criticisms to some of the plaintiffs’ legal representatives, arguing that they were not independent vis-a-vis TRIAL International. It also posited that the evidence’s requests by the other parties should be rejected.
On 24 January 2024, the parties were invited to reply.
The Prosecutor supported some of the plaintiffs’ requests, respectively, deferred to Justice for some others. It furthermore highlighted that the defense’s requests were unsubstantiated.
The defense’s arguments expressed against TRIAL International were considered by the legal representatives to be irrelevant and diversionary tactics. The request was subsequently withdrawn by the defense.
The Court ruled orally in German by accepting various evidence material into the casefile, notably the one useful to assess the damages suffered by some plaintiffs. However, the hearings of additional witnesses were rejected. Likewise, the Court refused to include the German proceedings against Bai Lowe into the Swiss casefile as well as the accused’ Swedish asylum file.
It also rejected all the requests formulated by the defense.
The Court then stated that the indictment contained enough elements for it to be able to judge on the aggravated circumstances of crimes against humanity and therefore invited the defense to include this aspect in its closing arguments.
Following the oral reading of the decision, the Court informed the parties that the closing arguments will take place in the reserved week of 4- 8 March 2024.
The Court finally informed the parties that the phase of the presentation of the evidence is closed. As a result, no new evidence will be accepted and the verdict will be based on the casefile as is.
The defense consecutively informed the Court that a request for the release of the accused would be filed. No further details were provided.
Coming next: Resumption of the trial with the parties’ closing arguments on 4 March 2024 (subject to change).