Sonko's lawyer had submitted a request for release from custody to the Trial Chamber's Director of Proceedings on January 24, 2024. On January 25, the application was forwarded to the Cantonal Court for Coercive Measures of Bern, which rejected it in a decision dated February 5, 2024. The appeal lodged against this decision was also rejected by the Appeals Chamber of the Federal Criminal Court in a decision dated March 5, 2024.
Ousman Sonko alleges a violation of articles of the Swiss law under which he is being held. He believes that there is a conspiracy (“collusion manifeste”) between the management of the proceedings of the Trial Chamber, the detention courts, and the prosecution with the aim of systematically and definitively depriving him of his right to an independent judicial review of his detention.
“In so far as the appellant (Sonko) wishes to assert bias on the part of the management of the proceedings of the criminal court of first instance, the compulsory measures court or the public prosecutor’s office, these arguments, which are outside the subject matter of the dispute, cannot be considered from the outset,” said the court.
The court also states that insofar as Sonko wishes to assert the lack of independence of the lower court, he limits himself to general and unsubstantiated allegations, which also does not need to be addressed further.
The Office of the Attorney General of Switzerland conducted a criminal investigation against the Gambian national on suspicion of crimes against humanity. He was arrested in Switzerland on January 26, 2017 and has since been held in pre-trial detention or preventive detention, which has been extended following judicial reviews, until the Office of the Attorney General of Switzerland filed charges against him on April 17, 2023.
The former Jammeh loyalist’s indictment with the Criminal Chamber of the Federal Criminal Court includes intentional homicide, multiple intentional homicide as a crime against humanity, multiple aggravated assault, multiple torture as a crime against humanity, multiple rape, possibly as a crime against humanity, multiple deprivation of liberty as a crime against humanity and other offenses. On July 5, 2023, the Office of the Attorney General submitted an "amendment and expansion of the indictment to the Trial Chamber, adding murder to the charged offenses.
The Cantonal Court for Coercive Measures of the Canton of Bern, which rejected the former Interior Minister’s application in a decision dated February 5, 2024, also had its decision reinforced by the Appeals Chamber of the Federal Criminal Court in a decision dated March 5, 2024, rejecting his appeal against the Supreme Court's decision.
“[Ousman Sonko] filed an appeal in criminal matters with the Federal Supreme Court on April 5, 2024. He requested that the contested decision be set aside and that he be released from custody immediately and, in the alternative, that the matter be referred back to the lower court for a new assessment. He also requests the granting of free legal aid and legal assistance for the appeal proceedings before the Federal Supreme Court,” the decision made available on the Court’s website, this week stated.
However, the Criminal Chamber and the lower instance have referred to the contested decision and waived their right to a hearing. In a submission dated April 11, 2024, the public prosecutor's office requested that the appeal be dismissed. On April 15, 2024, the appellant (in this case (Sonko) submitted a petition regarding his indigence.
Accordingly, the Federal Supreme Court finds:
- The appeal is dismissed insofar as it is upheld.
- The application for free administration of justice is dismissed.
- The court costs of CHF 2,000 are imposed on the appellant.
- The complainant, the Office of the Attorney General of Switzerland, the Federal Criminal Court, Criminal Division, the Federal Criminal Court, Appeals Division, and the Cantonal Coercive Measures Court of the Canton of Bern will be notified of this judgment in writing.
Lausanne, April 25, 2024.
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