Is Jungler Michael Correa Escaping from Crimes of Enforced Disappearances?

Michael Correa's Victims of Enforced Disappearances (c) AVLO

By the Alliance of Victim Led Organisations (AVLO)

IS MICHAEL CORREA GETTING AWAY WITH COMMITTING ENFORCED DISAPPEARANCES CRIMES?

Michael Sang Correa will be tried in the United States of America for crimes of torture and conspiracy to commit torture based on allegations heard from multiple witnesses that appeared in front of The Gambia’s Truth, Reconciliation and Reparations Commission, TRRC and other sources.

Michael Correa is alleged to be one of the junglers responsible for the arbitrary arrests and torture of 13 people interrogated by the panel investigating the alleged failed coup in 2006. In 2020, Correa was charged for the alleged crimes of torture and his trial is scheduled to take place between 16-27th September 2024 in Denver, Colorado.

Correa’s prosecution represents an important step for justice. His prosecution may allow victims to speak out about his alleged crimes and will raise awareness of the human rights violations that took place during the Jammeh regime.  Correa’s prosecution in the US also demonstrates the importance of universal jurisdiction, which recognizes that crimes like those allegedly committed by Correa are crimes against all people, regardless of their nationality. Universal jurisdiction proceedings like Correa’s are an important tool to ensure that alleged human rights violators from The Gambia are held accountable wherever they are found.

BUT

Michael Correa is also alleged to be among those criminally responsible for the enforced disappearances of Daba Marena, Manlafi Corr, Ebou Lowe, Alpha Bah, Alieu Ceesay, Masi Jammeh, Julia Maku, Mamut Ceesay, Ebou Jobe, Sulayman (Saul) Ndow, and Mahawa Cham and he has not been charged with these crimes by the U.S. The U.S. does not have laws to prosecute many other crimes against humanity committed outside of its borders, including enforced disappearances. Incidentally, the Gambia also does not have the laws to try crimes of enforced disappearance.

So, does this mean that Michael Correa is going to get away with committing enforced disappearances? The family of his victims certainly hope not, but given the current options, the reality is that this could very well be the case. At the very least, it will take a long time for Correa to face trial for the crimes of enforced disappearances he is alleged to have committed… if there is strong political will from the United States and/or The Gambia.

In the U.S., the crimes against humanity bill has been proposed many times but has never passed, while the Gambia is in the process of creating a hybrid court that will have jurisdiction to charge and try Correa. For now, Michael Correa and perpetrators like him technically have a stay-out-of-jail-free card. 

If Michael Correa is convicted by the Denver Federal Court for torture in September, the likelihood of The Gambia government extraditing him while he is serving a prison sentence in the U.S. would be an unprecedented feat to accomplish.

We call on the United States of America and The Gambia governments to take the necessary actions to ensure the laws are in place to try crimes against humanity. Perpetrators of gross human rights violations should not fall through cracks in any legal system.

Reflections on the International Day of the Victims of Enforced Disappearances

30 August 2024

Alliance of Victim-Led Organisations

The Gambia