A/HRC/45/45/Add.3
planning the area of exhumation in Yundum Barracks, 10 and the United Nations has
provided forensic equipment to accelerate the Commission’s exhumation processes.
38.
Some victims have expressed concern about the way in which the exhumations and
the chain of custody of the evidence were carried out in some cases. In this regard, civil
society representatives have expressed their preference to halt the forensic investigations,
especially exhumations, until adequate resources are allocated for the conduct of
investigations, in particular the allocation of equipment and the training of the staff
conducting forensic work.
39.
In addition to training and material resources, it is important that the forensic teams
– not only those conducting exhumations but also those that may start performing autopsies
and/or DNA analysis – are certified so that their work is not invalidated in a court of law.
The lack of well-equipped, trained and certified forensic teams and laboratories represents a
significant obstacle to criminal investigation and to the search for the disappeared in the
Gambia. It is important for the national authorities to take on these tasks. Moreover, the
foreign Governments and agencies providing international cooperation can play an
important role by supplying technical collaboration, financial support, and training to build
these highly complex capacities.
40.
The Special Rapporteur welcomes the Government’s initiative to request assistance
from international experts to complement the forensic work carried out by the Commission;
however, this should not distract from building the much-needed domestic expertise,
keeping in mind that the above-mentioned cases are only the first of many still to come. He
commends the international or foreign entities that have already provided such vital support
and encourages them to continue doing so.
C.
Accountability for past violations and abuses
41.
In accordance with article 15 (1) (h) (i) of the Truth, Reconciliation and Reparations
Commission Act, the Commission has the power to identify and recommend for
prosecution persons who bear the greatest responsibility for human rights violations and
abuses.
42.
It is unclear whether and how the Commission will share with prosecutors the
information and evidence it is gathering, especially that information and evidence requiring
a secured chain of custody, such as forensic evidence. In this regard, civil society has
suggested the creation of a task force that specializes in preparing files for future
prosecutions. In view of the vast and valuable information collected by the Commission,
this task could become vital.
43.
Numerous actors have pointed out that some individuals, who are close to those in
political power and who were identified as perpetrators by victims, have not yet been called
to testify. These allegations, if found to be true, have the power to be fatal to the transitional
justice process in the Gambia, which, as in all countries, must have a foundation in a
process that is, and is perceived to be, transparent, fair and respectful of the rule of law.
44.
The Government has yet to establish a strategy or mechanism to prosecute
perpetrators of human rights violations, and only a handful of proceedings have been
initiated since the transition started in 2017. A case has been opened against nine former
National Intelligence Agency agents accused of involvement in the killing of Solo Sandeng.
Despite some progress, the prosecution team struggles with a lack of material resources to
carry out its work, and the case has progressed at a slow pace. Moreover, the case has been
recently stalled by the adoption of delaying tactics by the defence.
45.
The authorities have not provided a timeline for further prosecutions of human rights
abusers, noting that the justice system must be strengthened before further trials take place.
Victims and civil society have expressed serious concerns about the lack of clarity and the
delays in the country’s accountability process. They also expressed concern that measures
to preserve documentary and physical evidence of abuses, while prosecutions are pending,
10
www.freedomnewspaper.com/2019/04/07/gambia-your-exhumations-story-trrcs-executive-secretaryclarifies/.
9
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