U.S. Court Opens First-Ever Universal Jurisdiction Trial Against Non-Citizen for Torture

Michael Correa Case © Trial International

Denver, Colorado — 7th April 2025

United States Judge Christine Arguello demanded the appearance of Michael Sang Correa on the first day of his landmark trial in the United States. This case marks the first time a non-U.S. citizen is being tried in the country for acts of torture under the principles of Universal Jurisdiction.

The trial began with what appeared to be good news for the defence. Judge Arguello granted the prosecution’s motion to dismiss Count Five of the indictment, leaving the defence with six charges to contend with.

Initially, proceedings began without Correa present, after both the prosecution and defence introduced themselves to the judge. However, Judge Arguello insisted on Correa's appearance and instructed her clerk to enquire with the Court Marshals about his whereabouts.

Correa eventually entered the courtroom wearing a black suit and white shirt. He had dreadlocks, glasses, and a partially white beard, a notable contrast to widely circulated photos of him. He appeared to be of average height with a bulky frame. Correa took his place in the centre of his four-member defence team, consisting of three men and one woman. Meanwhile, the five-member prosecution team—four women and one man—sat opposite them.

The dismissed charge, Count Five, related to the alleged torture of security officer Bunja Darboe—not to be confused with former Gambian Vice President Bakary Bunja Darboe. The Gambia’s Truth, Reconciliation, and Reparations Commission (TRRC), established to investigate human rights violations between 1994 and 2016, revealed a crackdown on civilians and security personnel following an attempted coup in 2006.

Michael Sang Correa

According to the TRRC, "In March 2006, then-CDS Ndure Cham planned to overthrow the government of Yahya Jammeh. The coup failed. Deputy CDS Lang Tombong Tamba ordered the arrest of several soldiers suspected of involvement in the attempted coup. Investigations were conducted by a special panel established by Yahya Jammeh, which convened at the NIA headquarters."

As was typical of former President Jammeh’s authoritarian regime, “during the investigations, suspects were tortured into confessing to the attempted coup on national television. The footage was also intended to be used to prosecute the alleged coup plotters.”

Prosecutors had previously obtained approval to charge Correa for torturing Darboe—allegedly by placing plastic bags over his head, severely beating him with hands, sticks, and branches, and threatening him with a knife and pistol. However, Darboe will not appear in court, despite Correa being identified as a Jungler operative during the events of 8th April 2006. The TRRC stated that Darboe, Wassa Camara, and seven other officers of the Gambia Armed Forces were arrested in connection with the coup attempt.

Eight civilians were also arrested, including former National Assembly member Hon. Demba Dem and Security Advisor Tamsir Jasseh, both of whom are currently in Colorado for the trial. Prosecutors informed the court that Darboe is still an active member of the Gambia Armed Forces and is deployed for the remainder of the year.

With Count Five dismissed, jury selection commenced and is currently underway. The U.S. judicial system differs from The Gambia’s: in this trial, the judge rules on legal and procedural matters—such as motions to dismiss—while a jury will determine the verdict after hearing all the evidence. The jury comprises 12 members, with two alternates on standby.

During today’s jury selection, both the prosecution and defence have the opportunity to challenge and dismiss potential jurors from a pool of 75. Each side is allowed to dismiss two jurors without providing a reason; further dismissals must be justified.

The selection process is ongoing at the time of publication. If it concludes early, opening statements will be delivered, marking the official start of the trial.