By Kebba AF Touray
The Gambia’s Justice Minister, Dawda Jallow, has told the lawmakers that the government is committed to prosecuting crimes committed during the past regime.
He said this on Wednesday, 4 December 2024 when asked by Member for Serrekunda West, Hon. Madi Ceesay on the status of the implementation of the Government’s White Paper in the dispensation of justice for the victims of the former regime during the question and answer session with the members of the National Assembly.
He said this is because some of the confessed perpetrators are still brushing shoulders with victims in public places, which is very traumatizing.
Justice Minister Jallow said the government acknowledges the unfortunate traumatization that many victims face when they cross paths with alleged or confessed perpetrators from the TRRC proceedings.
He added, “The government is committed to both the ideals of human rights and the rule of law, paramount to which is the prosecution of crimes committed during the former regime, as well as expediting the urgent need to provide reparation”.
He added that the government is implementing the Special Accountability Mechanism Act, and the Special Prosecutor’s Office Act both passed the assembly in April 2024.
He said that the Special Accountability Act reiterates the principle that guides the entire justice implementation process and introduces the three mechanisms that will work in tandem, to implement the recommendations of the TRRC.
He stated that the recommendation is around the prosecution of the individuals suspected of committing crimes during the former regime.
He cited that these institutions are the Special Prosecutor’s Office, the Special Criminal Division of the High Court, and the Special Tribunal.
He added that the Special Criminal Division was created by the Chief Justice, in January 2023, and awaits the filling of cases from the Special Prosecutor’s Office.
Asked by Hon. Alhagie S Darboe to state the cooperation with ECOWAS in the efforts, given that ECOWAS Parliament made an unfavorable opinion on the matter, the Minister said: “It is an unfavorable opinion, yes but it is not an opinion that is binding on ECOWAS”.
Hon. Alhagie Mbowe asked the Minister to inform the assembly about all the court and arbitration cases that the government has settled, or it is currently facing outside the Gambia from 2017 to date.
Justice Minister detailed that the Gambia Government has been involved in several court and arbitration cases outside of the country from 2017 to date.
In summary, he highlighted that judgements against the Gambia include the West Africa Aquaculture versus the Government of the Gambia, and ICVSD ruled against the Gambia ordering the compensation of 8.7 million pounds.
He said that other court cases ruled against the Gambia government, including the UDP versus Gambia Government which ordered compensation of US$100,000 to each of the 10 applicants, “and that was paid”.
He cited judgements in favor of the Gambia, including Ma Hawa Cham and Sarjo Cham versus the Gambia, at the ECOWAS, on the 5th of July 2023, and the court dismissed the application for lack of legal standing by the applicants.
“Another set of judgements against the Gambia is Musa Saidykhan and others versus the Gambia. The government has offered to pay US$200,000.00 in installment with the claimant rejected the proposal at the time so that matter has not been settled, but there was a judgement awarded to him to the tune of US$200,000.00 by the ECOWAS Court,” he said.
Meanwhile, the Vice President was also asked by the Member for Banjul North, Hon. Muhammed L Bah, on behalf of the Member for Banjul South, Hon. Fatoumatta Njai, to inform the assembly as to why the President would commandeer official vehicles from Ministries and other projects to be taken during his entourage to his home town.
Photo: H.E Vice President Jallow
Vice President Jallow answered that the President does not commandeer vehicles from Ministries and Projects to be taken by his entourage to his hometown, but rather the government.
He added that it is primarily used for logistic purposes, such as the transportation of Protocol Officers, Security personnel, and media crews that accompany the President.
