Gambia appoints Briton as Special Prosecutor for Jammeh-era crimes
The Attorney General and Minister for Justice, Hon. Dawda A. Jallow, on Wednesday announced the appointment of a British barrister, Martin Hackett, as the special prosecutor for the prosecution of perpetrators of crimes against humanity allegedly committed under former President Yahya Jammeh’s regime from July 1994 to January 2017.
“I am honoured to announce on behalf of the Government of The Gambia that Mr. Martin Hackett, a British national, has been appointed as Special Prosecutor for The Gambia, to head the investigations and prosecution of “TRRC cases,” he announced.
The Special Prosecutor would lead the Special Prosecutor’s Office (SPO), an independent body established to investigate and prosecute crimes committed during the era of former President Yahya Jammeh.
The office focuses on implementing the recommendations of the Truth, Reconciliation and Reparations Commission (TRRC).
In November 2021, the TRRC recommended that 69 persons be prosecuted by the Government of The Gambia for crimes committed in the country between July 1994 and January 2017, including former President Yahya Jammeh.
During its public hearings, 393 witnesses appeared before the TRRC, the majority being direct victims and family members of victims, who narrated stories of torture, murder, enforced disappearance, rape, sexual violence and other forms of cruel and degrading treatment.
The Government of The Gambia accepted in its White Paper on the TRRC Report all of the TRRC’s recommendations on prosecutions through a Special Accountability Mechanism.
In April 2024, the National Assembly passed the Special Accountability Act, a unique piece of legislation for transitional justice.
“This Act, the SAM Act, is not a law that establishes any institution, but rather, a declaration by the people of The Gambia,” Hon. Jallow told journalists.
The Attorney General further stated that the Special Accountability Act recalls the dark history of The Gambia and lays out a set of principles to guide the entire post-TRRC justice and accountability phase, which is now ongoing.
“For the first time ever, a country is being seen to implement a comprehensive post-conflict criminal justice framework that activates at the same time, both domestic and international pathways for justice and accountability, including for atrocity crimes,” the Attorney General informed the media.
The powers, duties and responsibilities of the Special Prosecutor, per the SPO Act
As per the SPO Act, the Special Prosecutor shall act autonomously and shall not be subject to the direction or control of any other person or authority in the exercise of his or her powers or carrying out of his or her functions, except to the extent provided in the SPO Office Act, 2024.
The Special Prosecutor shall have the power to determine which cases to prosecute before the Special Tribunal and which ones before the Special Criminal Division of the High Court, and shall conduct investigations and prosecutions in accordance with sections 16 and 17 of the SPO Act 2024.
The Special Prosecutor shall, in addition to all powers conferred on him under the Special Prosecutor’s Office Act, 2024:
Investigate cases of serious human rights violations including international and domestic crimes that occurred between July 1994 and January 2017 using any method or technique permitted by applicable law:
Initiate and conduct prosecutions for offences: which were recommended by the TRRC and accepted by the Government for prosecution; and which come to the attention of the Special Prosecutor during his investigations of the TRRC findings.
The Special Prosecutors should also provide regular updates and reports to the public and relevant authorities on investigations, insofar as possible, and prosecutions initiated and other activities; Establish effective and appropriate programmes for the protection and support of victims and witnesses and for protecting the integrity of the evidence and its internal procedures among other functions.
“He (Martin Hackett) is appointed for a term of four (4) years, commencing in April 2026, and this may be renewed for an additional period as agreed by the Parties and in accordance with the provisions of the Special Prosecutor’s Office Act, 2024,” the Attorney General said.
Brief of Mr. Martin Hackett’s Experience
Mr. Hackett is a British barrister with more than 30 years of experience in criminal and international law. He obtained his LLB from Aberystwyth University and was called to the Bar in 1995.
Mr. Hackett served as a senior Trial Counsel at the United Nations Special Tribunal for Lebanon in The Hague. He also served as Head of the War Crimes Division in the Special Prosecution Office in Kosovo.
Mr. Hackett is also a recognised specialist in Conflict Related Sexual Violence (CRSV) and Sexual and Gender Based Violence (SGBV).
Source: The Point
