The establishment of The Gambia’s Special Accountability Mechanism (SAM) marks an important recognition that transitional justice requires more than simply transferring Truth, Reconciliation and Reparations Commission (TRRC) findings into conventional criminal courts.
The distinction between information gathered by the TRRC and evidence admissible in court is fundamental. While the commission was designed to establish the truth about past abuses, criminal prosecutions must meet strict evidentiary and due-process standards. Protecting defendants’ rights is therefore not an obstacle to justice; it is an essential part of credible justice.
At the same time, the difficulties encountered in early prosecutions demonstrate why victims and their families cannot be asked to wait indefinitely. Alleged crimes such as murder, torture and enforced disappearance demand serious, professional and properly resourced investigations.
SAM’s three-part structure, involving the Special Prosecutor’s Office, Special Criminal Division of the High Court and proposed Special Tribunal, offers a potentially stronger framework for addressing these challenges. But institutions alone will not deliver accountability. They require competent investigators, prosecutors, judges, forensic specialists and adequate funding.
The forensic challenge is particularly troubling. Families of people who disappeared during the former regime deserve answers about what happened to their loved ones. Locating remains, identifying victims and preserving evidence require expertise and technology that The Gambia cannot afford to neglect.
International assistance, including support for forensic capacity, is therefore welcome. But such assistance should strengthen sustainable national institutions rather than create permanent dependence.
The success of SAM will ultimately be measured not by the sophistication of its structure but by whether it delivers fair trials, credible convictions where evidence warrants them, and meaningful answers for victims.
The Gambia has taken an important step. It must now ensure that the mechanism has the independence, resources and technical capacity necessary to turn the promise of transitional justice into tangible accountability.