By Adama Makasuba
Former Janneh Commission Attorney Amie Bensouda has told the TRRC that she advised the Jammeh-led military council against all forms of detention, adding that no decree empowered the soldiers to detain and subvert the nation’s constitution.
The top lawyer testified on former Gambian leader Yahya Jammeh decrees before the Truth, Reconciliation and Reparations Commission on Tuesday.
“The following week I was called to a council meeting and I advised that they [the soldiers] could not keep detaining people without charge particularly in Mile Two because the detention of these military officers came to my attention and it was raised in that meeting.
“No decree gives the military any power. The soldiers were already detaining people in Mile Two,” she told the commission as counsel Jahateh led her in questioning.
Lawyer Bensouda detailed that “decree number 3 didn’t give the soldiers power to detain anyone. What decree number 3 did was to put in place a framework within which if you are detain you will be dealt with.”
According to her, decrees do not legitimise actions of a military government but decrees may give you structure and put in place a system and framework.
She continued “I was very concerned when I came at the extensive detention [at Mile Two], not only of ministers but of so many people.”
Meanwhile, she insisted that Jammeh is not her boss and said “because as acting Attorney General at that time, you were a government minister working with the executive. My understanding is, correct me if I’m wrong, but you reported directly to the president who was the chairman at the time,” Jahateh pressed.
“The chairman was not president. The chairman was the person who usurped the authority of president. But he was de facto in charge, and that’s what military governments do. They take over and the dent of their arms, they take charge of the country,” Bensouda responded.
She described Jammeh as a self-declared chairman of the military council, adding she was summoned to meet Jammeh at the State House after her return from oversea trip.