Why Jammeh is likely to evade prosecution

A political analyst believes that pursuing legal action against former Gambian President Yahya Jammeh will be very difficult, if not impossible. As previously reported in Legalbrief Today, the ousted leader who now lives in Equatorial Guinea is facing fresh claims that he raped three women. One of his alleged victims has returned from Canada to testify before the Truth and Reconciliation Commission. Allegations of torture, enforced disappearances, freedom of speech violations, and suspicious deaths in government custody are being addressed at the commission. However, Sophie Gallop, in an analysis in The Conversation, notes that the commission does not have the power to prosecute Jammeh, or any other individual for human rights abuses. ‘Its powers are limited to recommending that the Attorney-General acts on cases that can be taken before the courts. Even if cases are brought, the Gambian Government would have to extradite Jammeh. Equatorial Guinea is not a signatory to the Rome Statute and therefore has no obligation to return him to The Gambia to face justice. This has left Jammeh's fate in the hands of the country's President Teodoro Obiang, a close friend and ally.’