Switzerland to Prosecute Former Gambian Minister for Crimes Against Humanity

A former Gambian interior minister, Ousman Sonko, is set to face trial in Switzerland on charges of crimes against humanity. Sonko fled to Switzerland in 2016, just before Gambian President Yahya Jammeh, who was accused of running a repressive regime, was ousted from power. Sonko’s arrest came after non-governmental organizations presented evidence of his alleged involvement in killings, rape, and torture. However, Sonko’s lawyer claims that he was not responsible for these crimes, stating that the Gambia’s National Intelligence Agency, which he did not have authority over, was behind them.

Switzerland is using the principle of universal jurisdiction to try Sonko, allowing the country to prosecute individuals for crimes committed outside its territory. This move is seen as a warning to repressive governments worldwide that justice can reach them no matter their location. The extensive charge sheet against Sonko in Switzerland includes accusations of participation in or ordering killings, torture, and rape, particularly targeting political opponents. If proven, these actions could be classified as crimes against humanity under Swiss law.

To gather evidence for the case, Swiss investigators traveled to the Gambia and interviewed numerous alleged victims and witnesses. Nine of them will testify in court. Sonko is the highest-ranking former government official in Europe to be prosecuted under universal jurisdiction.

During President Jammeh’s rule from 1996 to 2016, the Gambia experienced widespread human rights abuses, including forced disappearances and extrajudicial killings, according to Human Rights Watch. Sonko served as Jammeh’s right-hand man, overseeing the security services, including a paramilitary group referred to as “the Junglers.” In 2016, just before Jammeh’s fall from power, Sonko sought asylum in Switzerland. He was subsequently arrested after Trial International, an NGO, provided Swiss authorities with details of his alleged abuses.

The application of universal jurisdiction in this case is a significant legal principle that sends a message to potential perpetrators that they will not go unpunished or unprosecuted. Sonko’s trial is noteworthy as he is the highest-ranking former government official to face this type of trial. This is only the second time Switzerland has used universal jurisdiction for crimes against humanity, with the previous case resulting in a 20-year prison sentence for former Liberian militia leader Alieu Kosiah, who committed offenses such as rape, murder, and cannibalism. Other countries, including Germany and the United States, are also pursuing cases against former members of President Jammeh’s regime.

While the Gambia has established its own transitional justice process to address the abuses committed under Jammeh’s rule, human rights groups criticize the slow progress made so far. Even in the Swiss trial against Sonko, one of the plaintiffs scheduled to testify passed away before the proceedings began. However, for those who have the opportunity to testify, appearing before a court of law and telling their stories can provide a sense of healing. A guilty verdict by the federal court would bring immense relief to victims, finally providing answers they have sought for many years.