German Court Sentences Gambian Death Squad Member Bai Lowe to Life Imprisonment for Crimes Against Humanity, Including the Murder of Deyda Hydara

By | December 4, 2023

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Accident – Death – Obituary News : A Gambian death squad member has been sentenced to life imprisonment by a German court, marking the end of the country’s first trial for crimes committed under former President Yahya Jammeh’s regime. The individual, referred to as Bai L. by the German justice system, was charged with crimes against humanity, murder, and attempted murder in three separate cases. The court in Celle, located in northern Germany, delivered the verdict in response to the public prosecutor’s request.

The 48-year-old man, who had been presented as Bai Lowe by the media, was found guilty of participating in murders that took place in Gambia between 2003 and 2006. Among the victims was Deyda Hydara, an AFP correspondent who was shot dead on December 16, 2004. Bai L. was a driver for the notorious “Junglers,” a Gambian death squad established by the ruling government in the mid-1990s to suppress opposition through intimidation and elimination.

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During the trial, which commenced in October 2022, the defendant denied any involvement in the crimes. His defense team sought an acquittal. However, the court dismissed their arguments, leading to the conviction and subsequent life imprisonment of Bai L.

This landmark trial became possible due to Germany’s recognition of universal jurisdiction for certain serious crimes under international law. The concept of universal jurisdiction empowers a country to prosecute individuals on its soil, regardless of their nationality or where the crimes were committed. Germany has previously utilized this legal framework to convict individuals involved in atrocities during the Syrian civil war.

Bai L. faced charges related to the attempted murder of lawyer Ousman Sillah, the murder of Deyda Hydara, the attempted murder of Ida Jagne and Nian Sarang Jobe (both of whom worked for the newspaper co-founded by Hydara), and the murder of former Gambian soldier Dawda Nyassi. Deyda Hydara himself had publicly spoken out against the regime of Yahya Jammeh, deliberately accusing himself of crimes he did not commit to expose the cruelty of the regime.

The defense’s argument regarding Hydara’s self-accusations was deemed implausible by the civil parties involved in the trial. Baba Hydara, the son of Deyda Hydara, expressed his disappointment and felt betrayed by Bai L.’s statement, as it contradicted common sense.

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While Bai L. may not have been the main perpetrator, the court emphasized that the crimes could not have been committed without his involvement. According to Patrick Kroker, the lawyer representing Baba Hydara, the judgment in Celle should serve as a warning to those who were complicit in the crimes committed during Jammeh’s dictatorship.

The verdict in Germany is seen as a significant step towards justice for the victims and their families, as well as for human rights organizations. Reed Brody, a lawyer with the International Commission of Jurists working with the victims, described it as the “long arm of justice” catching up with Bai L. and other henchmen of Yahya Jammeh worldwide. Ongoing proceedings against collaborators of the former Gambian president include the trial of Ousman Sonko, a former Minister of the Interior, taking place in Switzerland since 2017 for crimes against humanity. Additionally, Michael Sang Correa, another associate of Jammeh, is set to face trial in the United States.

Despite Jammeh living in exile in Equatorial Guinea, a country without an extradition agreement with Gambia, the Gambian government has taken steps to address the crimes committed during his 22-year-long dictatorship. In February, the government announced its collaboration with the Organization of West African States to establish a tribunal that would judge the atrocities committed under Jammeh’s rule.

This significant trial and the pursuit of justice for the victims form part of the challenging tasks faced by Adama Barrow, Gambia’s current president, who assumed office following a surprise victory in the 2016 presidential election..