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28/4/2022

The First German Trial for Crimes Against Humanity Committed in Gambia

On Wednesday, 25 April 2022, began the main hearing of the first German trial for crimes against humanity allegedly committed in Gambia. The trial is expected to shed light on the political context in which massive human rights violations have been committed during Yahya Jammeh presidency.

The defendant, Bai L., a 46-year-old Gambian citizen, is an alleged member of the “Junglers” death squad, a special unit of the Gambian armed forces also known as the “Patrol Team”. The “Patrol Team” was created by the former Gambian president, Yahya Jammeh, in the 1990s. The unit allegedly carried out unlawful killing orders issued by Jammeh with the aim of intimidating the Gambian people and suppressing the opposition.

Bai L. is charged with three counts of crimes against humanity - being a former Junglers driver involved in the attempted murder of Ousman Sillah (a lawyer) in 2003, the murder of Deyda Hydara (a journalist) in 2004, and the murder of Dawda Nyassi (a perceived opponent of Yahya Jammeh) in 2006. Gambia’s TRRC also called for Bai L.’s prosecution in the murder of 59 West African migrants in 2005. The main hearing is aimed at clarifying whether the charges brought are accurate. It is expected to last at least until the beginning of 2023. If convicted, the defendant faces life imprisonment.

The trial takes place in Germany, in front of the Higher Regional Court of Celle. It is the first trial based on a universal jurisdiction related to human rights violations committed in Gambia during the Jammeh era. This is made possible thanks to the German law that recognises universal jurisdiction over certain serious crimes under international law.