NHRC To Monitor Implementation Of  TRRC Recommendations

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Continuation…

The Truth, Reconciliation and Reparations Commission (TRRC) in its Investigative Report and Recommendations to The Gambia Government, said the National Human Rights Commission (NHRC) being a permanent independent body with a mandate to promote and protect human rights and fundamental freedoms, is well positioned to monitor the implementation of the TRRC recommendations. 

Here is the continuation of the excerpts from yesterday’s Issue:

‘‘Government accepts the recommendation of the Commission with regards Peter Singhatey.

The Commission recommended for the denial of the application by Lt. Malick Jatta on the basis that although he gave full disclosure, showed remorse and helped the Commission in its investigations, his acts form crimes against humanity. The Commission further recommended that the State can grant him immunity should it wish to use him as a witness.

‘‘The Government accepts this recommendation and will evaluate Lt. Malick Jatta’s utility as a witness in line with its prosecution strategy.

‘‘The Commission recommended for the denial of the application by Omar A. Jallow on the basis that although he gave full disclosure, showed remorse and helped the Commission in its investigation his acts form crimes against humanity. The Commission further recommended that the State can grant him immunity should it wish to use him as a witness.

‘‘The Government accepts this recommendation and will evaluate Omar A. Jallow’s utility as a witness in line with its prosecution strategy.

‘‘The Commission recommended for the denial of the application by Pa Ousman Sanneh on the basis that although he gave full disclosure, showed remorse and helped the Commission in its investigations, his acts form crimes against humanity. The Commission further recommended that the State can grant him immunity should it wish to use him as a witness.

‘‘The Government accepts this recommendation and will evaluate Pa Ousman Sanneh’s utility as a witness in line with its Prosecution Strategy.

‘‘The Commission recommended the granting of amnesty to Baboucarr Mboob on the basis that he was truthful in his testimony, gave full disclosure and showed remorse.

‘‘The Government accepts this recommendation regarding to Baboucarr Mboob subject to his provision of witness evidence as may be required in line with the Prosecution Strategy.

‘‘The Commission recommended the granting of Amnesty to Major Bubacarr Bah on the basis that he gave full disclosure, accepted responsibility and showed remorse. He further participated in a reconciliation activity with the victim.

‘‘The Government accepts this recommendation with regards to Major Bubacarr Bah subject to his provision of witness evidence as may be required in line with the Prosecution Strategy.

‘‘The Commission recommended the granting of Amnesty to Sanna Bairo Sabally on the basis that he served time in prison for false crimes levied against him. The Commission further noted that he gave full disclosure, showed remorse and initiated and participated in reconciliation with a perpetrator. The Commission finally noted that Sanna’s crimes precede the Rome Statute and cannot be applied retroactively. The Commission recommended him for community service.

Sana Sabally

‘‘The Government rejects the recommendation of the Commission as pertains to Sanna Sabally and notes that although he might have made full disclosure and showed remorse, Sanna is one of the individuals that bears the highest responsibility for gross human rights abuses and violations in the early days of the Jammeh regime, particularly the extrajudicial killing of many soldiers on November 11th, 1994.

‘‘The Commission recommended the granting of Amnesty to Zakaria Darboe on the basis that he showed remorse, gave a full disclosure in his statement and was truthful in his application.

‘‘The Government accepts the recommendation of the Commission with regards to Zakaria Darboe, subject to his provision of witness evidence in line with the Prosecution Strategy.

‘‘The Commission recommended immunity for Alagie Kanyi based on an immunity deal entered into with state. The Commissioned referred his case to the Attorney General for completion of the process.

‘‘The Government notes the recommendation of the Commission with regards to Alagie Kanyi and further notes that his testimony was crucial in unveiling the truth behind the murder of Ousman Koro Ceesay as well in securing the conviction of Yankuba Touray for this murder. While noting that there might be a need for some legislative enactments to cater for the grant of immunity the Government will work towards finalising the immunity arrangement for Alagie Kanyi.

‘‘The Government notes further that although the TRRC Act gives the Commission the power to make recommendations for Amnesty there is no explicit legal framework for the grant of immunity under our laws. Government, through the Ministry of Justice will therefore work towards drafting legislation which among others, will make provision for the granting of Amnesty.’’

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