Equatorial Guinea may be willing to extradite exiled former president Yahya Jammeh and his subordinates for prosecution, according to American human rights attorney Reed Brody, in light of the Gambia government’s current efforts to prosecute Jammeh and his associates.

Two bills passed by the National Assembly last week are anticipated to facilitate the prosecution of offences committed during the Jammeh regime. As recommended by the TRRC, the Special Accountability Mechanism (TRRC) Bill and the Special Prosecutors Office Bill aim to establish frameworks and guiding principles to facilitate the investigation and prosecution of individuals accountable for grave human rights violations, including Jammeh. To adjudicate these crimes, the government is anticipated to establish a hybrid court.

Regarding these developments, Brody informed The Standard that Equatorial Guinea cannot naturally deny any request for Jammeh’s transfer, given that the hybrid court will bear the responsibility of the entire Ecowas region, including nations such as Ghana (where 44 citizens perished in the migrant massacre), Nigeria (where an undetermined number of migrants perished), Senegal (where several citizens perished and whose territory in Casamance was used as Jammeh’s personal dumping ground for bodies), and Senegal (which lost several citizens).
“However, the hybrid court, which will have legal personality distinct from that of The Gambia, would presumably need to enter into a specific cooperation agreement with Equatorial Guinea that allows for the transfer of suspects to the court in order to secure custody of Jammeh,” he explained.
Conversely, Brody recommended that the former president of The Gambia, Yahya Jammeh, be prosecuted outside the country.

“The seat of the new hybrid court will be in Banjul, with the possibility of detaining suspects and holding trials in third countries,” he explained. “For security reasons, everyone agrees that in the case of Jammeh, detention and trial would be best conducted outside of The Gambia.”

He stated that although the prosecutor will ultimately make that determination, Jammeh would most likely face multiple counts of the gravest offences in a single massive criminal trial. The potential atrocities encompassed in this category comprise the execution of nine death row inmates in April 2012, the enforced disappearance and subsequent murder of Saul Ndow and Mahawa Cham, the demise of Daba Mareneh and his associates, the deaths of 41 individuals during the Presidential Alternative Treatment AIDS Programme, and the witch hunt, in addition to the killings that occurred on November 10 and 11, 1994, April 10-11, 2000, and Saul Ndow and Mahawa Cham, respectively.

Special Prosecutor’s Establishment

Regarding the special prosecutor’s office, Brody asserts that this is an extremely significant development as it demonstrates that the National Assembly is overwhelmingly in favour of holding Jammeh and his henchmen accountable, as evidenced by the resounding TRRC hearings that exposed the total criminality of the Jammeh regime to the Gambians. He lamented, “In any case, too many years have passed since the TRRC report was published.”

He stated that the government should hire the Special Prosecutor and establish the office as soon as possible in order to convert the TRRC’s findings into case-ready criminal files, and to finalise the drafting of the new hybrid court’s statutes with Ecowas so that it can be funded and operationalized without delay.
Human rights activist Pa Samba Jow added that the establishment of the Special Prosecutor’s Office represents an unprecedented effort to achieve justice.

“Far too long have the victims awaited justice, even after the TRRC and the government’s acceptance of its recommendations.” Undoubtedly, the alliance between President Barrow’s NPP and the APRC has instilled scepticism among numerous Gambians, especially the victims, regarding his commitment to prosecute Jammeh and his malevolent gang. “However, until Jammeh is charged and tried for the numerous heinous crimes he perpetrated against Gambians, we must not rest on our laurels,” Jow stated.

He argued that while minor victories are often accepted, “we, including the victims, must remain resolute and relentless in ensuring that the government does the right thing” in order to ensure that justice is seen to be served.