A/HRC/45/45/Add.3
34.
The Special Rapporteur commends the Commission for the nuanced and sensitive
procedures that have been put in place to address the geographical, personal and security
difficulties facing witnesses and victims who wish to testify.
35.
He commends the establishment and work of the Commission and the positive
impact that its hearings have had in Gambian society and in the recognition of the plight of
victims. During the visit and in other forums, some concerns have been raised regarding the
work of the Commission, which need to be duly considered and redressed. The Special
Rapporteur has received reports regarding the perceived conflict of interest of one of the
members of the Commission’s Research and Investigation Unit, 7 which unnecessarily
affects the reputation of the institution. In addition, civil society has expressed concern that
the cases being heard by the Commission are mostly high-profile cases or cases that bring
publicity. While this could be explained by the fact that not all testimonies that are being
recorded appear in public hearings, the perception of a lack of comprehensiveness in the
Commission’s approach and any possible bias must be urgently addressed.
B.
Search for and identification of disappeared persons
36.
The web page of the Truth, Reconciliation and Reparations Commission indicates
that its mandate includes establishing and making known the fate or whereabouts of
disappeared victims. As part of this mandate, the Commission’s Research and Investigation
Unit conducts the mapping and excavation of alleged graves and the exhumation of remains.
During his visit, the Special Rapporteur had the opportunity, for which he thanks the
Commission staff, to visit some of the sites of alleged mass graves. He was able to observe
that at some sites, the areas to be searched were vast and difficult to access owing to the
geographical characteristics of the land. He was also informed about the lack of specialized
and highly technical equipment required to support their forensic work, which is to be
expected in a low-income country such as the Gambia. The search for and identification of
disappeared persons has therefore proven very difficult, and progress has been slow.
Nonetheless, the remains of three individuals suspected of plotting a coup attempt in 2014
were exhumed in Tintiba Forest in March 2017; the body of Solo Sandeng was exhumed
near Tanji in April 2017; and more recently, the remains of seven individuals suspected of
plotting a coup in 1994 were exhumed in Yundum Barracks in April 2019. The sites had
been identified from testimonies received by the Commission, including from members of
the Junglers who had participated in the commission of these crimes.
37.
The Commission’s team of investigators is comprised of four persons led by a police
officer on secondment who has expertise on forensics and crime scene investigations. It is
unclear whether the remaining members of the team have also received forensic training
and certification, but information shared with the Special Rapporteur indicates that it may
be insufficient. The Gambian Police Force has also been involved in exhumations, although
their degree of expertise in the forensic investigation of human rights violations is unclear.
The technical resources of the investigation team are also scarce. The team is in need of
specialized equipment to map vast areas for exhumation, conduct excavations and
undertake exhumations. In addition, it is worth noting that the Gambia does not possess a
forensic lab, specialized forensic pathologists, DNA laboratories or DNA databanks. As a
result, the forensic work conducted by the team faces numerous limitations. In response, the
Government has sought international assistance to complement the work of the
Commission’s investigation team in the areas in which expertise and resources are lacking.
A team of forensic scientists was deployed to the Gambia in 2018 with support from Justice
Rapid Response, in order to assist in the conduct of forensic autopsies to identify the
remains and the cause of death of Solo Sandeng and the three individuals suspected in a
2014 coup attempt.8 Similarly, the DNA samples of their remains were taken to a laboratory
in Senegal. 9 More recently, foreign experts were deployed to assist in mapping and
7
8
9
8
www.justiceinfo.net/en/truth-commissions/41641-who-are-the-key-players-at-gambia-s-truthcommission.html.
www.justicerapidresponse.org/wp-content/uploads/2019/08/Annual_Report_2018.pdf, p. 13.
A/HRC/39/46/Add.1, para. 47.
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