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The Federal Criminal Court in Switzerland is currently deciding whether it has the jurisdiction to judge crimes against humanity allegedly committed before 2011 in the trial of Ousman Sonko, a former Gambian minister. Sonko is accused of various crimes against humanity that were allegedly committed between 2000 and 2016 under the regime of former Gambian dictator Yahya Jammeh.
The trial is taking place under the principle of universal jurisdiction, which allows countries to prosecute alleged crimes against humanity, war crimes, and genocide regardless of where they were committed. Switzerland enshrined this right into law in 2011, but Sonko’s lawyer argues that under the principle of non-retroactivity, his client should not be tried for acts committed before this date.
Sonko, who has been in custody since his arrest in Switzerland in January 2017, denies the charges, which include deliberate killing, torture, rape, and unlawful deprivation of liberty. If convicted, he could face life imprisonment. The trial is expected to last a month, and a verdict is not expected until March.
This case is significant as Sonko is the highest-ranking state official ever to be tried in Europe for international crimes under the principle of universal jurisdiction. The trial has been brought about by a complaint from the Geneva-based NGO Trial International, and there are 10 complainants in the case, including eight “direct victims.”