A/HRC/45/45/Add.3
violations, which could be used for criminal proceedings and future memorialization
processes. An alarming example of this is the National Security Agency, now informally
called the State Intelligence Service, whose headquarters was refurbished in 2017, which
could have led to the destruction of evidence. The Truth, Reconciliation and Reparations
Commission visited the State Intelligence Service’s headquarters in 2018, and ordered it to
stop the renovation work. The Commission has also seized relevant documentation. The
Special Rapporteur visited the agency’s headquarters and observed that the installations had
indeed been recently refurbished. A few days after his first visit, the Special Rapporteur
was also allowed to inspect three detention cells located in the agency’s premises, including
the infamous bambadinka. The cells appeared not to have been recently refurbished, but it
was not possible to assess whether its original conditions or evidence had been preserved.
In addition, the archives of the former National Intelligence Agency have allegedly not yet
been secured and archived.18
65.
The Special Rapporteur is concerned about the continued secrecy surrounding the
report of the 2009 fact-finding mission report by the Economic Community of West
African States and the United Nations on the killing of 50 foreign nationals, including 44
nationals of Ghana, in 2005. He adds his support to the 2018 request by a group of special
procedure mandate holders, urging the concerned entities and Governments to publicize it
to facilitate access to truth and accountability for those violations. 19
F.
Reparations to victims
66.
The Truth, Reconciliation and Reparations Commission has the mandate to devise
individual and collective reparations and to design a reparations policy. According to the
Commission’s website, it can grant reparations to victims when it is convinced that a person
has been the victim of human rights violations. The Commission identifies rehabilitation,
restitution, memorialization and compensation as forms of reparation. 20
67.
The Government reported the creation of a reparation trust fund, which victims can
access if they register with the Commission. In October 2019, the Government reported that
the trust fund had received $1 million (50 million dalasis) to be distributed as reparations to
victims. The sum was obtained from the sale of the assets of former President Jammeh.
68.
The Commission can also grant reparations in the form of interim measures for
victims, which include medical attention, livelihood support, and employment and
educational opportunities. A Medical Board has been set up with support from the Ministry
of Health to assess victims’ needs in this regard, in order to decide on the provision of
rehabilitation. The Commission reported that assistance had been provided to some victims,
including for medical treatment overseas. However, the implementation of this scheme has
been limited so far owing to financial constraints. The Victim Support Unit also offers
medical and psychosocial care to several victims.
69.
It is unclear how the Commission is made aware of cases requiring interim measures
of persons who have not decided to give testimony. At this stage of the process, where a
reparation policy has not yet been adopted and therefore a registry of victims has not been
launched, access to the interim scheme seems to be subsumed under the provision of
testimony, which is clearly problematic. An interim registry of persons requiring urgent
rehabilitation should be developed to address this gap until a reparation policy is fully
operational.
18
19
20
Gambia Center for Victims of Human Rights Violations, submission for the universal periodic review
2019, p. 1. Available at
www.ohchr.org/EN/HRBodies/UPR/Pages/UPRGMStakeholdersInfoS34.aspx.
See the following communications:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24138;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24141;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24106;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24109;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35057.
www.trrc.gm/our-mandate/.
13
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