Prosecutors demand life in prison for Ousman Sonko

Prosecutors in Bellinzona, Switzerland, are demanding a life in prison for Ousman Sonko, the embattled former minister who is appealing his conviction for crimes against humanity committed in The Gambia during the Yahya Jammeh regime.
If convicted under Article 264 a paragraph 1 (crimes against humanity), he faces a maximum of 20 years’ imprisonment. Under “aggravated” circumstances, the court could consider a life sentence, which in Switzerland, still means 20 years behind bars for him. If Sonko is acquitted or charges are dropped, the case moves to Switzerland’s Supreme Court as the highest level of consideration.

However, this week saw oral arguments being presented by all parties and responses allowed by the panel of judges presiding over the appeal. “In several cases, the BA sees the qualifying element of crimes against humanity established; under a new law, a life sentence can be recognised as the maximum penalty in such cases,” the prosecutor representing the Swiss federal office f the Attorney general said.

“Accordingly, based on the statements on sentencing, it is requested that Ousman SONKO be sentenced overall to life imprisonment,” the prosecutor added, in reference to the sentence imposed by the lower court and the orders for its execution: “The prosecution considers the total sentence of 20 years’ imprisonment pronounced to be insufficient in view of the culpability of the accused.”

Meanwhile, Ousman Sonko denies the 12-year expulsion from the country ordered by the lower court as well as its entry in the Schengen Information System (SIS). He also demands that no penalties or expulsions be imposed against him.

“The Federal Office refers to its statements in the main proceedings, its appeal declaration, and the considerations of the lower court,” the prosecutor said. “The offenses to be taken into account according to the lower court, which occurred before January 1, 2007, are, from the Federal Office’s perspective, all crimes against humanity within the meaning of Articles of the Swiss Criminal Code (StGB), partially committed in a qualified manner (in conjunction with [other] Articles).

In the new version of these said laws, effective from 2016, such acts as committed by Mr Sonko, are subject to mandatory expulsion from Switzerland upon serving his sentence.

“In contrast, the reasoning of the lower court to not exhaust the maximum framework of expulsion from the country, because account should be taken of the long passage of time since the offenses, does not appear convincing,” prosecutor argued.

“The Federal Administration (BA) is of the view that in the present case, involving non-appealable, multiple crimes against humanity, partly in particularly severe cases, the aspect of the long passage of time must be given a very subordinate, hardly significant importance, and in contrast, the interests of Switzerland to keep such a person away from its territory for the maximum possible duration must clearly take precedence.

“Accordingly, Ousman SONKO should be expelled from the country for a duration of 15 years. No personal circumstances, from the BA’s perspective, oppose the publication of the expulsion in the SIS that could even remotely outweigh Switzerland’s and the Schengen member states’ security interest. The expulsion is therefore entered in the SIS…,” the court heard.

Source: The Point