A/HRC/45/45/Add.3 gender-based violence; arbitrary detentions; poisoning; forced discontinuation of antiretroviral medical treatment for persons living with HIV/AIDS; and persecution of lesbian, gay, bisexual and transgender persons. These violations were most often associated with the National Intelligence Agency; the former President’s paramilitary hit-squad, known as “the Junglers”; and an armed group known as “the Green Boys”. Abuses were also reported, however, in the police force, the prison services and the armed forces. Human rights concerns at the time also included interference with the independence of the judiciary, denial of due process, prolonged pretrial detention, poor prison conditions, and tolerance of the practice of female genital mutilation. 2 9. Some events have become sadly emblematic of this regime, including: (a) The killing in 1994 in Yundum, Fajara and other military barracks of 11 soldiers suspected of planning a coup; (b) The killing in 2000 of 13 student protestors; (c) The killing in 2005 of 50 foreign nationals, including 44 nationals of Ghana, intercepted by security forces in the Gambia on suspicion of planning to overthrow the Government; (d) The killing in 2004 of journalist Deyda Hydara and the disappearance in 2006 of journalist Ebrima Manneh; (e) The disappearance in 2006 of five security officers suspected of planning a coup; (f) The secret detention and poisoning in 2009 of over 1,000 residents of the Foni Kansala district as part of a witch-hunt campaign; (g) The execution in 2012 of nine death row prisoners after a 27-year moratorium on the death penalty; (h) The killing in 2013 of businessmen Alhagie Mamut Ceesay and Ebou Jobe, both dual nationals of the Gambia and the United States of America; (i) The killing in 2014 of three individuals who were allegedly plotting a coup; (j) The death in custody in 2016 of opposition activist Solo Sandeng. 3 10. In December 2016, Adama Barrow was elected President in national elections. Then-President Jammeh conceded defeat at first, but soon after, he denounced the result of the elections. Following his attempt to hold on to power, extensive diplomatic negotiations took place with the Economic Community of West African States and the African Union. A military intervention by countries of the Economic Community of West African States eventually ensured the effective transfer of power to the newly elected president. On 21 January 2017, former President Jammeh was exiled in Equatorial Guinea, where he has remained, despite the calls of victims for him to face justice for the atrocities committed. B. Legal framework 11. The Constitution of the Gambia, approved by referendum during the past regime, entered into force on 16 January 1997. Chapter IV of the Constitution deals with the protection of a number of fundamental rights and freedoms which, if enforced in practice, would contribute to preventing gross human rights abuses such as the ones seen in the past regime. Specifically, it guarantees personal liberty, including freedom from arbitrary arrest or detention; protects the right to life; and prohibits torture and inhuman or degrading treatment or punishment. 12. The legal framework of the Gambia, however, does not provide effective legal protection against two of the most widespread crimes committed during the brutal regime of former President Jammeh: enforced disappearance and torture. The country’s Constitution and Criminal Code do not specifically criminalize enforced or involuntary 2 3 4 Ibid. Ibid., paras. 52–64.