Appeal proceedings have begun in Switzerland in the case against Ousman Sonko for crimes against humanity
On 30 March 2026, appeal proceedings began in Bellinzona in the case against the former Gambian Minister of the Interior, Ousman Sonko, who was convicted at first instance of crimes against humanity. This new trial begins almost a decade after his arrest and nearly two years after a verdict considered historic, offering a renewed opportunity for the victims of Yahya Jammeh’s regime to obtain full justice.
The Sonko case constitutes one of the most significant examples of the application of the principle of universal jurisdiction in Europe. In May 2024, the Swiss Federal Criminal Court (FCC) found the defendant guilty of multiple crimes against humanity committed between 2000 and 2016, during the tenure of former Gambian President Yahya Jammeh, and sentenced him to 20 years’ imprisonment.
These events took place against the backdrop of the dictatorial regime of Yahya Jammeh, who ruled The Gambia for more than two decades after seizing power in a military coup in July 1994. His entire rule was marked by restrictions on political freedoms and systematic, widespread repression against political opponents, individuals perceived as opposing the authorities, journalists, human rights defenders and members of civil society. During this period, state agents and affiliated groups – particularly the paramilitary unit known as the Junglers – were implicated in serious human rights violations against members of the civilian population, including enforced disappearances, extrajudicial executions, torture and other forms of ill-treatment, sexual violence and arbitrary detention.
Ousman Sonko held various high-level posts within the Gambian state apparatus. He was a member of the elite State Guard from 1995 – responsible for President Jammeh’s security – where he served as deputy commander from May 2003 and, from July 2003, as commander. In December of that same year, he became Head of Communications and was posted to the Armed Forces Headquarters, until December 2004, when he was appointed commander of the 1st Infantry Battalion. On 15 February 2005, he was appointed Inspector General of Police (IGP), holding that post until November 2006 when he became Minister of the Interior of The Gambia, until President Jammeh dismissed him on 16 September 2016. As Minister of the Interior, Sonko was a member of the National Security Council and was responsible for developing the Ministry’s strategies, as well as exercising overall responsibility for the security authorities, including the police and prisons.
After being dismissed from his post in September 2016, Sonko left The Gambia and sought asylum in Europe. Following the rejection of his application in Sweden, he moved to Switzerland, where he was arrested in January 2017 following a complaint filed by the organisation TRIAL International, which played a key role in triggering the investigation. Since then, he has remained in custody as a result of the investigation and subsequent proceedings initiated under the principle of universal jurisdiction, which allows states to prosecute international crimes regardless of where they were committed.
Six years after the investigation began, charges were brought. In the course of his duties during Jammeh’s de facto government, Sonko was accused of having participated in, ordered, facilitated or failed to prevent multiple murders, acts of torture, sexual abuse, coercion and unlawful detention – considered crimes against humanity – against individuals deemed to be opponents of President Jammeh’s de facto government, committed – at the very least – between 2000 and 2016.
These abuses were documented by the Gambia’s Truth, Reconciliation and Reparations Commission (TRRC), which between 2019 and 2021 collected numerous testimonies from victims and witnesses. Its findings highlighted the central role of the state apparatus in the commission of these violations and recommended the prosecution of various perpetrators, including Ousman Sonko, emphasising the importance of translating these findings into effective judicial proceedings that ensure accountability.
During the trial held in 2024, the court examined whether the alleged acts formed part of a widespread and systematic attack against the civilian population. In its judgment of May 2024, the TFP found Sonko guilty of multiple counts of intentional homicide, unlawful detention and acts of torture as crimes against humanity. The court found that his criminal responsibility stemmed both from his direct involvement in the acts and from his position of authority over the security forces and the prison system. In particular, it held him responsible for the murder of a political opponent in 2000, for acts of torture and unlawful detention in connection with an attempted coup d’état in 2006, for the murder of a political opponent in 2011, and for deprivation of liberty and acts of torture – including one murder – against peaceful demonstrators in 2016. For these offences, Sonko was sentenced to twenty years’ imprisonment and twelve years’ expulsion from Switzerland. Furthermore, he was ordered to pay compensation to the victims of these offences.
However, the court dismissed all charges of sexual violence. In some cases, it considered that the offences were time-barred or fell outside its jurisdiction, whilst in others it determined that the rapes were “multiple isolated individual acts and not an attack against Gambian women as part of the civilian population”, and therefore lacked the required collective nature and constituted isolated individual acts but not crimes against humanity. In other charges of sexual violence, the court considered that acts involving the infliction of pain to the genitals were classified as torture and crimes against humanity, but were not understood as sexual violence.
In this regard, the Court found that there was no evidence to show that rape was a deliberate means of oppression in The Gambia, that it did not require the use of significant resources by the State, and that it was not necessarily in line with the regime’s political objectives. Although the court acknowledged that women were “socially oppressed”, it held that “indifference towards women’s rights and equality does not in itself constitute an attack on the civilian population within the meaning of international law”. Furthermore, the Court dismissed as a determining factor the fact that Sonko was wearing his uniform during the rapes, despite the fact that his attire could be interpreted as a misuse of state resources and a means of intimidating and subjugating the victims.
This decision by the Court drew strong criticism from the victims’ representatives, civil society organisations and the international community, as it was seen as a setback for accountability for survivors of sexual violence, failing to recognise sexual and gender-based violence as a systematic tool within oppressive political systems. This is all the more so given that – as pointed out by the organisations filing the complaint, including TRIAL International – the 2021 report of the Gambia’s Truth, Reconciliation and Reparations Commission (TRRC) did document repeated acts of sexual violence during the Jammeh regime, including cases committed by state officials in the course of their duties.
Furthermore, the interpretation of the judgment regarding the nexus requirement for crimes against humanity was questioned. In this regard, legal scholars considered that the Court’s judgment confuses the requirement that an act be committed “as part of” a widespread or systematic attack with the requirement that the specific category of conduct—in this case, sexual violence—must itself be demonstrated as widespread or systematic.
Taking these issues into account, following the judgment, all parties – the accused, the Office of the Prosecutor and the complainants – lodged appeals. Whilst the defence challenged the conviction in its entirety, the Office of the Prosecutor and the complainants challenged specific aspects of the judgment, including the dismissal of the charges relating to sexual violence.
In the Swiss criminal justice system, appeals allow for a comprehensive review of the case. In this regard, during the appeal proceedings, the court may reassess both the facts and the applicable law, examine new evidence, hear additional witnesses, and – naturally – confirm, amend or overturn the first-instance judgment. Subsequently, it is possible to appeal to the Swiss Federal Court, whose review is limited primarily to questions of law.
The appeal proceedings, which began on 30 March 2026 and are expected to last at least two weeks, will involve victims who have travelled from The Gambia to attend the hearings.
The Sonko case also forms part of a broader context of increasing application of universal jurisdiction regarding crimes committed during Yahya Jammeh’s regime, in respect of which other proceedings have been initiated in both Germany and the United States, contributing to the consolidation of an emerging body of international case law. In this context, the court’s interpretation of the scope of sexual violence offences will be of paramount importance, potentially serving as a basis for future proceedings, both in Switzerland and in other jurisdictions. It is also worth noting that its significance lies in the fact that this is the second trial in Switzerland for crimes against humanity under the principle of universal jurisdiction, following the conviction of Alieu Kosiah in 2023.
In this regard, the case against Ousman Sonko represents a milestone in the fight against impunity for international crimes. Its progress through the appeal process will not only be decisive for the victims, but may also have a significant impact on future legal proceedings. It is therefore hoped that the judgement will reinforce the role of universal jurisdiction as a key tool for access to justice, and in particular, to justice with a gender perspective.
By Federica Carnevale, Project Manager at FIBGAR.
REFERENCES:
International Center for Transitional Justice, Gambians Break the Silence on Sexual Violence in Community Dialogues Organised by the ICTJ, 2025. Available at: https://www.ictj.org/es/%C3%BAltimas-noticias/gambianos-rompen-el-silencio-sobre-la-violencia-sexual-en-di%C3%A1logos-comunitarios
Office of the Attorney General and Ministry of Justice, Gambia – Publications. Available at: https://www.moj.gm/downloads
United Nations Office on Drugs and Crime – Case Law Database, Swiss Federal Criminal Court, Prosecutor v. Ousman Sonko, Trial Judgment, 15 May 2024, SK.2023.23. Available at: https://www.unodc.org/cld/es/case-law-doc/sgbc-crsvcrimetype/che/2024/swiss_federal_criminal_court_prosecutor_v._ousman_sonko_trial_judgment_15.05.2024_sk.2023.23.html
Swissinfo.ch, Why a former Gambian minister is on trial in Switzerland for crimes against humanity, 2024. Available at: https://www.swissinfo.ch/spa/politica/por-qu%C3%A9-se-juzga-en-suiza-a-un-exministro-de-gambia-por-cr%C3%ADmenes-contra-la-humanidad/49114290
Trial International, Appeal Trial of Former Gambian Interior Minister Ousman Sonko for Crimes Against Humanity Opens in Switzerland, 2026. Available at: https://trialinternational.org/latest-post/appeal-trial-of-former-gambian-interior-minister-ousman-sonko-for-crimes-against-humanity-opens-in-switzerland/
