By Yusef Taylor, @FlexDan_YT
A coalition of Gambian victims held a press conference rejecting the Truth Reconciliation and Reparations Commission’s (TRRC) recommendation to approve Sana Sabally’s amnesty request. Victims were outraged on Friday 18th March 2022 after a publication on Standard Newspaper revealed that former President Yahya Jammeh’s second in command was granted amnesty from prosecution for extrajudicial killings, torture and other inhumane treatment.
MoJ’s Statement on Criminal Liability
On 24th December 2021, the Gambia’s Ministry of Justice (MoJ) issued a statement indicting “all members of the Junta comprising” former Lieutenant Yahya Jammeh, Lieutenant Sana Sabally, four other Lieutenants and their orderlies for gross human rights violations.
The statement apportioned criminal liability on Sabally for torturing “political prisoners after the 1994 coup, particularly O.J Jallow”. Another indictment detailed in MoJ’s statement underlined that Sana and other members of the Junta were “responsible for the torture and inhumane treatment of soldiers arrested and detained at Yundum Barracks on November 11, 1994, and also unlawfully killed” 12 GNA Soldiers.
As a victim-perpetrator, Sana appeared forthcoming during his hearing at the Commission and has divided public opinion since then. Sana became a victim of the Junta he helped put in power after the November 11th incident. The MoJ’s statement highlighted that both Sabally and Sadibou Hydara were victims of unlawful arrest, imprisonment, torture and sexual violence perpetrated by Jammeh, Edward Singhatey, their orderlies and security guards including Alhagie Martin and Lamin Senghore.
Amnesty Application Extension
The MoJ’s statement issued in December 2021 also initiated the Amnesty process. After publishing the entire TRRC Report and Recommendations the MoJ issued a call for perpetrators to request for Amnesty and allowed for “a period of 14 days”. The release noted that “a period of 6 weeks [had been allocated to] review all applications for amnesty and provide a report to the President accordingly”.
Weeks later the deadline of 7th January 2022 was extended to 21st January 2022 after the Commission issued a statement to the media. The Commission remained tight-lipped on the issue of Amnesty until the Standard Newspaper story revealed that the “TRRC Approves Amnesty for Sana Sabally, Denies Ex-VP Njie Saidy”.
According to the publication “the Amnesty Committee received about 25 applications” of which “about a dozen people were dismissed either because they did not need to apply for amnesty because they were not recommended for prosecution, or were only banned from holding public office among other reasons”.
The list of dismissed applicants includes “Wassa Camara, Basiru Sey, Omar Cham, Ebrima Drammeh, Lamin BO Badjie, Baboucarr Sowe, Tijan Bah, DSP Lamin Cham, Yusupha Sanneh, Amadou Bojang, Baboucarr Mboob and Harry Sambou”.
The list of applicants denied amnesty include “Pa Alieu Gomez, Wassa Camara, Basiru Sey, Omar Cham, Ebrima Drammeh, Lamin BO Badjie, Baboucarr Sowe, Tijan Bah, DSP Lamin Cham, Yusupha Sanneh, Amadou Bojang, Baboucarr Mboob and Harry Sambou”.
However, those who were granted amnesty include “Major Bubacarr Bah and Zakaria Darboe. Former soldier Alagie Kanyi was referred to the Ministry of Justice for finalisation of immunity”.
In reaction to the publication, victims called for a press conference to denounce the TRRC’s Amnesty approval for Sana Sabally. The briefing featured a coalition of five organisations [including the Victims Center] and eleven (11) individual victims.
Victims React to Sana Sabally’s Amnesty
According to their statement, “families of victims of November 11th, 1994, together with other victims of human rights violations during the regime of Yahya Jammeh and a coalition of Gambian organisations condemn in the strongest possible terms the approval of an amnesty for former AFPRC Vice-Chairman Sana Sabally by the TRRC Amnesty Committee and Commissioners and urge the Gambia Government, through the Minister of Justice, to disregard this recommendation”.
In their view “the announcement of amnesty comes as a shock to the victims given that according to Section 19 (3) of the TRRC Act, Sana Sabally SHOULD NOT qualify for amnesty because the crimes he committed form part of crimes against humanity”. “This, therefore, renders the “approval” illegal and thus should not be acted on by the government” argued the Coalition of Victims.
Victims expressed their “outrage and displeasure at the matter in which they received the information, which was through the media (yet again)”. The joint statement revealed that “There was no prior consultation with families of direct victims who have been forced to live through the trauma of Sana Sabally and co.’s brutal act all these years”.
The widow of Lieutenant Gibril Saye, Mbaya Damba poured her heart out when she said that “Sana Sabally confessed to killing our husbands. If they say they are going to set him free, we do not have the power [to stop it] but we are not happy about it…we have not forgiven him and cannot forgive him…setting him free is going to be traumatising and painful for us. The entire family is suffering from a pain that cannot be measured…truly”.
Last year the government was applauded for publishing the TRRC Report and Recommendations on the Ministry of Justice website. However, now the victims are concerned that the Government has derailed from that trend. Victims urged the government to include them as “bona fide stakeholders in the transitional justice process, including any amnesty process”. Unfortunately, “the lack of transparency in the amnesty approval process is abysmal and contrary to the “NEVER AGAIN” slogan and spirit” the statement read.
The presser concluded with a warning that the victims “will FIGHT against [Amnesty for Sana Sabally] and any other decisions which denies [them their] right to justice and a say in the transitional justice process in The Gambia”.