JUSTICE, AT LAST, IS ON THE HORIZON
How President Barrow removes the carpet under ex-President Jammeh's feet
President Adama Barrow’s decision to prosecute his predecessor Yahya Jammeh and his henchmen – and a woman – for murderous crimes has received widespread public support. For victims like 22-year-old Fatou Barrow (not related to President Barrow), who was just five months old when her father was shot and killed, justice, at last, is on the horizon. But has it always been so?
In this article, Malagen unravels how the pursuit for justice for Jammeh-era crimes has been a classic case of game of thrones, a story of politics of deceit, betrayal and ambition.
Faced with what he admitted as ‘a win or die’ election contest, President Barrow sucked up to Jammeh and reportedly promised him amnesty for his ‘atrocity crimes’ in return for his support in the polls. Jammeh left him high and dry.
But ‘when you play the game of thrones, you either win or you die’. With President Barrow firmly seated on the throne at State House after his election victory, the once ‘reconciliation president’ is pulling no punches on Jammeh’s face. There will be no mercy.
However, in this fast-changing political landscape where self-interested politics often triumphs over moral principles, will the victims get to taste the sweetness of the once elusive justice they could now smell from a reasonable distance?
It is Monday evening, April 10. The year is 2000. Pathologist Dr Omar Sam is busy at the mortuary in Banjul. Piles of bodies of young people are stacked on makeshift shelves, soaked in blood. The floor is covered with spills of fresh blood, dripping from the corpses lying about.
Among the bodies Dr Sam examined that evening is a ‘well nourished young male, fair in complexion with moderate coiled black hair.’ He is Omar Barrow, a journalist and red cross volunteer. The police had shot him hours earlier. He was covering the student protest.
“I heard that he was a good man," Fatou Barrow, his daughter, told Malagen. Her father died from his gunshot wounds. She was barely five months old. Her mother was just 22.
“I don’t really know him,” she said. Her father is a story that is still being revealed to her. But if the fruit does not fall far from the tree, this one would not be an exception. The young girl is pursuing a degree in journalism at the university.
About 1.7m tall, Fatou looks quiet and shy. She smiles often and her voice is soft. But she exudes a certain firmness when she talks about her father's death, the injustice that comes with it and her experience growing up.
"They targeted him," she said, her face turning grim. "They could have handled it better, without killing people. They should face justice."
“You can imagine the pain in my mother’s heart when she was just 22 years old widowed with a 5-month old baby. That is not easy," she added.
An epitome of Jammeh’s brutality
The April 10 & 11 tragedy exemplifies the brutality of President Jammeh’s twenty-two year rule, which has been characterised by incidents of murder, extra-judicial killings, enforced disappearances, torture, sexual violence, amongst other human rights violations.
The student protest of April 10 and 11 that claimed the life of Omar Barrow is arguably the most tragic public disturbances since the 1981 insurgency led by Kukoi Samba Sanyang.
Students across the country stormed the streets demanding justice for Ebrima Barry, a student allegedly beaten to death by the Fire and Rescue Services, and another student, Binta Manneh, allegedly raped by paramilitary officials in Bakau, near the Independence Stadium.
The country’s military-turned civilian leader Yahya Jammeh had already been in power for six years. At the time of the protest he was on a state visit to Cuba. His orders: ‘take care of these bastards in whatever form'. They did in a brutal form.
The bloody state crackdown killed at least 17 people. Most of them were shot by the police and military deployed ‘to restore order’. Most are teenagers. Even a 3-year-old was shot on the head and a 10-year-old also shot and killed.
In Dr Sam’s office in Banjul the air is thick with anger and fear. Omar Barrow, it turns out, suffered a ‘through-and-through gunshot wound’ on the right arm and chest, causing rupture of heart and artery.
More corpses arrived in the few days that followed. Examination of body after body before Dr Sam and his colleagues at the mortuary points to foul-play.
See the gallery of medical reports below.
The April 10 & 11 ‘public disturbances’, as the government at the time prefers to put it, is one of the tragic incidents that exemplify the brutality of President Jammeh’s twenty-two year rule.
But it is the tip. Jammeh had a tight grip on information flow. And the climate of fear and impunity that existed allowed perpetrators under his watch - and mostly on his orders - to evade scrutiny and justice.
“That was a moment I will never forget. I never thought a Gambian can get to that level…” This was Gambian president, Adama Barrow speaking of his 'shock and disappointment' in a television interview last year about the killing of Jammeh's finance minister, Koro Ceesay, and in general, about the revelations with respect to the cruelty of the regime he replaces.
The long arm of justice
President Jammeh perpetuated 'gross and brutal human rights violations' with impunity for more than two decades. Bringing him to book may still appear to be a far away aspiration. But the long arm of justice seems to be getting ever closer to landing on his blood-stained hands.
Like hundreds of victims of the ‘gross and brutal’ human rights violations perpetuated under the previous regime, Fatou Barrow grew up without knowing the whole truth behind her father’s killing. She has long been waiting for justice that seemed never to arrive as Jammeh's grip on power tightened, winning election after election.
Justice though could have long arms. Jammeh was removed from power in 2017. It was not without drama. The following year, in 2018, his successor Adama Barrow fulfilled a campaign promise to institute an inquiry into the human rights violations.
In full view of television cameras, the Truth, Reconciliation and Reparations Commission (TRRC), took time to go the whole hog, or of sorts, chapter by chapter.
The proceedings of the TRRC were like a national blockbuster TV series with a range of genres. For the most part, it was agonisingly horrific amid confessions. Some of the crimes were committed with extreme cruelty. Tears, of regrets for crimes committed, and of pains for years of suffering without justice. It was also part humorous.
"I am ashamed of my country," the TRRC's lead counsel, Essa Faal, said in one of his many emotional outbursts during the inquiry. "We have done terrible things in this country. What a shame."
After nearly three years of investigations, the TRRC submitted the report of its findings to the presidency in November last year.
“Three hundred and ninety-three witnesses testified before the Commission, the majority of which were victims. The witnesses also included self-confessed perpetrators,” TRRC chair, Lamin J Sise, had said in his statement.
The report comprises16 volumes, laying bare the widespread human rights violations perpetrated by Jammeh’s government.
At least 233 were unlawfully killed between 1994 and January 2017 and President Jammeh bears the greatest responsibility for the crimes, according to the TRRC findings.
The inquiry hasn’t provided disaggregated information in terms of sex and age, but as per Malagen’s count, those killed include at least eight children and dozens of women.
Jammeh’s victims range from people perceived to be security threats, his critics, close associates he fell out with and ordinary citizens, including student protesters, journalist, and political opponents while others died from his herbal treatment, witch-hunting exercise and presidential convoys.
Soldiers with a difference
There was the takeover, in 1994. What was touted throughout as a bloodless coup d’état was not without human rights violations. Politicians were rounded up and detained for months. Some were subjected to torture. They included ministers of deposed government.
The coups and counter coups
There were coups and counter coups. The standard response has been to torture and to kill. See, for example, Nov. 11, when at least 11 soldiers were captured and summarily executed. Some were taken to a forest and shot at point blank.
The killing of Koro Ceesay
There was the killing of Koro Ceesay on June 24, 1995, allegedly by junta members, Yankuba Touray, Edward Singhatey and Peter Singhatey. Koro was finance minister under the junta. Touray is currently serving death sentence for his murder.
suppression of dissent
Yahya Jammeh had suppressed dissent. Religious leaders critical of his ways and political opponents were particularly targeted. Some were subjected to torture while others are victims of enforced disappearances.
Persecution of the media
The journalists bore the brunt of Jammeh's brutalities. At least 2 journalists were killed, and more than a dozen tortured and jailed while at least more than two hundred media practitioners were exiled.
The death squad
Jammeh created the junglers— a paramilitary hit-squad that is credited for carrying out majority of the unlawful and extra-judicial killings, including the 2005 massacre of at least 49 West African migrants. In total though, junglers are found to have 'killed' 103 people.
The miracle cure
In January 2007, Jammeh declared he got a 'mandate from God' to create a cure for HIV/AIDS. His prescriptions were in the form of herbal treatment. The treatment led to the death of at least 41 patients
Sexual violence
Jammeh has been found to have raped a former beauty queen, Fatou Toufah Jallow, and several other protocol girls. Jammeh and his close aides have hired girls to sexually abuse them.
Witch-hunt
In 2009, Jammeh embarked on a witch-hunting exercise. People, mostly elderly men and women were abducted from their villages to be 'treated for witchcraft'. They were subjected to torture, inhumane and degrading treatment and sexual gender-based violence. At least 41 died.
About six months later, the government on May 25 responded to the findings and accepted most of the recommendations, which range from prosecution of perpetrators to institutional and legal reforms.
“I can assure you that President Jammeh will face justice,” Justice Minister Dawda Jallow said.
Such an assurance from Justice Minister Jallow is pleasing to the ears of the victims.
"What we saw was really encouraging," Fatoumatta Sandeng told Malagen, referring to the government White Paper. Her father, Solo Sandeng, an opposition activist, was tortured to death in April 2016.
"It was like wow, we did not expect it to come out this good," she added.
Politics before justice?
The government’s stance though, has not always been as unambiguous as Minister Jallow displayed on the May 25 White Paper release event. The journey for justice for Jammeh-era crimes has been marred by uncertainty.
The government’s stance though, has not always been as unambiguous as Minister Jallow displayed on May 25 White Paper release event. The journey for justice for Jammeh-era crimes has less than certain.
In the course of the TRRC investigations, and even after the findings unraveled crimes, political expedience appeared to have sometimes taken precedence over pursuit for justice.
"There was a lot of moments of inconsistency," Fatoumatta Sandeng said. "At some point, we thought the TRRC was set up just to tick the boxes. The person the government went into coalition with, Fabakary Tombong Jatta, had come out to stage a protest against the TRRC."
Abdou Aziz Barrow’s father, Basiru Barrow (not related to either President Barrow or Fatou Barrow), led a counter-coup in 1994. He was summarily executed, alongside with at least 10 others.
Like Fatou, he also watched with anger and trepidation as politicians in whose hands lie the fate of justice shifts shape, taking positions that tend to run contrary to the justice promised to them.
“Barrow went to visit the family of former President Jammeh but never for once did he visit the Victims Center nor visit a single victim,” he told Malagen.
Faced with what he referred to as ‘a win or die’ affair, President Adama Barrow sucked up to President Jammeh, leaving victims to cling onto a thinning rope of hope.
“I am very happy that I have seen the family,” Barrow was quoted as saying after his visit. “They received me very well and obviously we are talking about reconciliation.”
President Barrow’s move drew widespread criticism from victims, human rights activists, and opposition as well as international human rights bodies. Sheriff Kijera, chair of the Victims Center, called for him to resign.
But it might not have come as much of a surprise. About a month prior, President Barrow’s National Peoples Party (NPP) announced the signing of a memorandum of understanding with President Jammeh’s APRC party. This came after several years of behind-closed-door meetings.
The content of the agreement has been shrouded in secrecy.
“There are only two copies of the MoU that are available. There are no soft copies,” Dodou Jah told Malagen.
“The signatories are Fabakary Tombong Jatta for APRC and Dembo Bojang for NPP. They have the copies. They will hold them accountable if the document is leaked or anybody has copies of it.”
But what is there to hide now? Things have fallen apart within the former ruling APRC since ex-President Jammeh refused to throw his sought-after weight behind Barrow, and in one of his rants, referred to him as ‘that donkey'.
The once tight-lipped actors of the scheme have become chatty, revealing details about secret meetings and deals that are meant to be kept away from the public.
He [Jammeh] asked us to go to President Barrow for a possible alliance. Yahya Jammeh started it. President Barrow told Tombong that me and you, we cannot do this. Let us select a 5-man committee. President Barrow selected 5 people. Uncle Tombong selected 5 people. I became the chair of the negotiation committee… January 2020 was the last time we spoke…
The negotiations have started but we have breakups. So, we told him this is election year, what is our fate? He told us to go and toil your land, whatever we have, we bring and he will bring what he has.
We went and we have D3m and 10 vehicles from Barrow. That is what we want to report to him. That is when he refused to pick our calls. Jammeh’s return was very key. It was a non-negotiable agenda. It was always there.
It is only the former president’s return… and amnesty that is in the MoU.
But we as a party understand that this is a country and the laws are here for everybody. The agreement is with NPP as a political party, not the government. We did not negotiate with the cabinet or the president directly.
The APRC is divided. Fabakary Jatta, who until that moment accepted his role as interim leader answerable to the supreme leader Yahya Jammeh, stood his grounds in a rare show of defiance. But what is there to fear when you are backed by 'the lion killer' in President Barrow?
To some, Jammeh's rejection of Barrow is a blessing in disguise for the victims of Jammeh's crimes.
"It is really a bad idea that Barrow would even thought of approaching Jammeh," said Fatoumatta Sandeng. "But the fact that he was turned down helped. It would have been bad."
Justice, at last, is on the horizon
But in this fast-changing political landscape where self-interested politics often triumphs over moral principles, will the victims get to taste the sweetness of the once elusive justice they could now smell from a reasonable distance?
‘When you play the game of thrones, you either win or you die.’ The winner, President Adama Barrow, is seated firmly on the throne at the State House after his Dec. 4 election victory. Now that his turn to avenge has arrived, the once ‘reconciliation man’ has pulled no punches on Jammeh’s face.
Speaking through the White Paper, President Barrow's government conceded to the culpability of Jammeh in the atrocities under his watch. The former president now will be shown no mercy.
In presenting the White Paper, Justice Minister Dawda Jallow made sure to make that point clear:
Impunity is a kind of incentive that we are not prepared to serve perpetrators.
Let us be clear about this, that those who contemplate committing gross human rights violations must also be aware that society one day will hold them accountable.
Just how and when this long-awaited justice will be carried out remain questions on the lips of many. There are concerns not just about the intent but also the capacity of the government to pursue justice.
Besides, some of the people who bear the greatest responsibility are not within the jurisdiction.
Yahya Jammeh has been in exile in Equatorial Guinea where photos of him are sometimes leaked to the media on his farm or attending parties. The Nasiru Deen - the leader of the people of faith - even has time to dance to salsa.
Musa Jammeh and Tumbul Tamba are no more. But senior members of the Jammeh’s killer squad of the junglers, such as Sanna Manjang, Bora Colley, Kawsu Camara, Saihou Jallow, Solo Bojang, Momodou Jarju have all fled the country.
Ousman Sonko is undergoing pre-trial hearing in Switzerland. He has been charged with crimes against humanity
What has been revealed by the government about its plans is to set up a special domestic judicial framework with ‘option of holding sittings in other countries based on the exigencies of each case.’
"We are working on a prosecution strategy and legal reforms as we prepare for the implementation of the white paper," Justice Minister Dawda Jallow told Malagen yesterday.
"The plans for prosecution will be implemented after the appointment of the special prosecutor. The timeline for that is not also known yet," he added.
Jallow further revealed that the recommendation for the sacking and banning of people serving in the government will be implemented soon. This affects at least nine officials.
“The last time I checked, all the letters have been drafted," he said. "They were also in the process of identifying the individual names and organisations that they are in. I am sure that during the course of the next week, they will start sending some letters.”
Justice, at last, is on the horizon. But in this fast-changing political landscape where self-interested politics often triumphs over moral principles, will the victims reach the once elusive justice they could now see from a distance?
The government is yet to totally convince. Fatoumatta Sandeng, for example, wants to see action, rather than promises. "The plans are currently just on paper," she said. "We expected a white paper that will give us timelines and implementation plans."
Isatou Jammeh shares her sentiments. "There is no political will," she said. "The white paper is out and it is good but how well is the government ready?"
Those questions may not be out of place. There remains a great deal of legal and institutional reforms for effective implementation of the TRRC report.
Reed Brody, a human rights lawyer and a leading voice in the Jammeh for Justice campaign believes as it stands, the laws are not sufficient to put Jammeh on trial in domestic courts.
"A domestic court cannot have jurisdiction over crimes that are not yet in the Gambian code, so if laws as they should be are adopted in The Gambia to criminalise torture, crimes against humanity, a domestic court cannot have retroactive jurisdiction over those crimes," The Standard newspaper quoted him as saying yesterday.
However, for people that have spent the past many years campaigning for justice, the release of the white paper represents an important milestone, and the struggle continues.
"One good thing is that there is a white paper and we can hold the government to their words," said Fatoumatta Sandeng.
Contributing authors
Kebba Jeffang
Kebba Jeffang led the team in the research and data analysis. He also fact-checked the article. He's a senior journalist and head of media monitoring here at Malagen. He's a multiple award winning journalist.
Momodou Janneh
Momodou Janneh contributed in the research and data analysis. He is undergoing internship here at Malagen as part of his diploma in journalism programme
Kaddy Jawo
Kaddy Jawo conducted interviews with some of the sources used in this story. She's an award-winning freelance journalist and has worked with several media outlets in the country.
Mariama Keita
Mariama Keita contributed in the research and data analysis. She is undergoing internship here at Malegen as part of her diploma in journalism programme at MaJAC
Hawa Njie
Hawa Njie contributed in the research and data analysis for this story. She holds BA in journalism and has worked with local media. She's now freelance.
Adama Joof
Adama Joof contributed in the research and data analysis for this story. She's a journalism student, a radio presenter and news writer.