During the AFPRC transitional
government, the Gambia was in a state of exception, a juridical condition
without a constitutional foundation and the repeal of the rule of law by the
force of martial law.
And Essa Faal, the lead counsel of
the TRRC understands this distinction since he himself was a foot soldier at the
AG Chambers who once allegedly contributed to the malevolent prosecution and
incarceration of both Sanna Sabally and Sadibu Hydara based on trumped up
charges.
Similarly, the TTRC had a missed
opportunity of hearing from Rtd Col. Babucarr Jatta why the AFPRC removed Lt
Bassiru Barrow from command at Yundum Barracks; and the subsequent violent
threats that Barrow made before his arrest and tragic execution.
The November 11, 1994 executions
was an anomaly that manifests the in-operative nature of the law and the
illegitimacy of authority during the transition period as demonstrated by Rtd Colonel
Babucarr Jatta’s testimony to the TRRC. The actions of the Junta at both Fajara
and Yundum were field summary “court-martials” as long as they had the
slightest evidence of a coup plot – this is the common practice of most
military governments around the world. What happened during that day was beyond
depravity by any measure and Rtd Colonel Jatta was inept in stopping the
executions but he was not responsible for the massacre.
The current TRRC has opened up a
space for political action that has been sealed in a Pandora’s box by the
Transitional and Consequential provisions of the Gambia Constitution. The
main purpose of the TRRC is to seek “transitional justice” an elusive concept
which is now being consumed by pervasive sentimentality, raw emotions and
unreasonable expectations from the rambunctious mob on social media.
Hence the lowered standards for
testimonies, allegations and counter-allegations. It is hard for a casual
observer of the Commission to distinguish between facts, fictions and factoids
watching the proceedings – testimonies are subject to the whims of the lead
counsel unchallenged, unquestioned and unexamined.
Choreographed solicitations of
fabricated statements followed by an unhinged inquisition in public is not a
sufficient method to achieving the neither truth nor justice. The TRRC is
now effectively reduced to a battle of narratives subject to the hegemony of
one man asking dubious leading questions that panders to his fan club.
The language games of justice are
incommensurable. No one should be lured to the TRRC to perjure oneself without
the availability of appropriate legal representation nor should the Commission
be abused by the subterfuge and malevolence of insincere witnesses trying to
re-write history. Gambians must learn to hold every one accountable; no
sacred cows and never again.
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During the AFPRC transitional government, the Gambia was in a state of exception, a juridical condition without a constitutional foundation and the repeal of the rule of law by the force of martial law.
And Essa Faal, the lead counsel of the TRRC understands this distinction since he himself was a foot soldier at the AG Chambers who once allegedly contributed to the malevolent prosecution and incarceration of both Sanna Sabally and Sadibu Hydara based on trumped up charges.
Similarly, the TTRC had a missed opportunity of hearing from Rtd Col. Babucarr Jatta why the AFPRC removed Lt Bassiru Barrow from command at Yundum Barracks; and the subsequent violent threats that Barrow made before his arrest and tragic execution.
The November 11, 1994 executions was an anomaly that manifests the in-operative nature of the law and the illegitimacy of authority during the transition period as demonstrated by Rtd Colonel Babucarr Jatta’s testimony to the TRRC. The actions of the Junta at both Fajara and Yundum were field summary “court-martials” as long as they had the slightest evidence of a coup plot – this is the common practice of most military governments around the world. What happened during that day was beyond depravity by any measure and Rtd Colonel Jatta was inept in stopping the executions but he was not responsible for the massacre.
The current TRRC has opened up a space for political action that has been sealed in a Pandora’s box by the Transitional and Consequential provisions of the Gambia Constitution. The main purpose of the TRRC is to seek “transitional justice” an elusive concept which is now being consumed by pervasive sentimentality, raw emotions and unreasonable expectations from the rambunctious mob on social media.
Hence the lowered standards for testimonies, allegations and counter-allegations. It is hard for a casual observer of the Commission to distinguish between facts, fictions and factoids watching the proceedings – testimonies are subject to the whims of the lead counsel unchallenged, unquestioned and unexamined.
Choreographed solicitations of fabricated statements followed by an unhinged inquisition in public is not a sufficient method to achieving the neither truth nor justice. The TRRC is now effectively reduced to a battle of narratives subject to the hegemony of one man asking dubious leading questions that panders to his fan club.
The language games of justice are incommensurable. No one should be lured to the TRRC to perjure oneself without the availability of appropriate legal representation nor should the Commission be abused by the subterfuge and malevolence of insincere witnesses trying to re-write history. Gambians must learn to hold every one accountable; no sacred cows and never again.
By Rtd Capt. Ebou Jallow