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The Federal Criminal Court in Bellinzona will make international headlines on Monday. Gambia’s former Minister of the Interior, Ousman Sonko, will have to answer for his past in Switzerland. The federal prosecutor’s office accuses him of it Civilians are being murdered, raped and tortured to have.

He is said to have committed the crimes during the dictatorship in the West African country from 2000 to 2016. It is sometimes said that he acted alone. But especially as commander of a death squad. At the time, dictator Yahya Jammeh declared on television that he would crush any opposition.

In 2016, Sonko fled to Switzerland and lived as a normal asylum seeker in a shelter in Bern. That is why he is on trial in Switzerland. Police only arrested him in 2017. He has been in custody ever since. It is the largest international criminal case to come to trial in Switzerland to date.

International criminal law is based on a UN treaty and also has a symbolic meaning. Such trials are intended to demonstrate internationally that criminals have nowhere to hide under international law. They are also intended to help victims come to terms with their past. But the signal that Switzerland will send in this case will not reach all those affected.

Gambian media criticizes Switzerland

Because the language of the case is German. This is what the Federal Constitution states: “The official languages ​​of the Federal Government are German, French and Italian.” The judiciary does its best to translate as much as possible. The indictment and trial program are available in an English version. Interviews are also interpreted, but not the entire process.

This makes it difficult for non-German speaking process observers to follow the procedure. They will not understand important procedural steps. The Gambian Journalists Association and human rights organizations such as Trial International have therefore asked the court to provide translation services. But court president Alberto Fabbri (center) rejects this and refers to the Code of Criminal Procedure, which does not provide in English.

The national language of Gambia is English. However, the locals speak twenty different languages. Internet access is too expensive for most Gambians. That is why radio is their main source of information. This translates messages from the country's English-language newspapers into local languages. Therefore, the country's English-speaking print journalists are of particular importance.

One of them is Yusef Taylor. In response to a question, he replied in English: “Live translations into English would be crucial as most people affected by and interested in the legal proceedings speak English.”

Not all countries are as stubborn as Switzerland when it comes to the implementation of the criminal code. In 2020, the Higher Regional Court of Koblenz offered an Arabic translation for journalists in a criminal trial against two Syrian war criminals.

However, in international cases it would be most efficient to immediately introduce English as the language of the proceedings. This could save the judiciary a lot of translations. But this is as controversial as whether students should learn English or French first.

The Federal Office of Justice had big plans

The Federal Office of Justice launched an effort in 2019. In an official consultation on the revision of the Code of Civil Procedure, it proposed introducing English as the language of judgment. But the Federal Court objected, warning of a violation of the federal constitution. The Federal Office subsequently relented on this point.

However, it ruled that the Federal Court should allow English-language legal documents in civil cases. In addition, the cantons will be allowed to allow English as the language of proceedings in civil proceedings in the future. The changes will come into effect on January 1, 2025.

The Zurich Commercial Court is therefore planning an international court under the name “Zürich International Commercial Court”. The judiciary is also changing in other countries. The regional courts in Frankfurt and Cologne have already established English-speaking chambers. France, the Netherlands and Belgium are also planning specialized commercial courts that will hear cases in English.

The English-speaking courts are a response to Brexit. Previously, the London Commercial Court conducted most international proceedings. Now these should also be able to take place on the mainland. English-speaking commercial courts are important for business locations and create jobs at commercial law firms in the area.

However, the federal judiciary in Switzerland is not completely on the sidelines. The small federal patent court, which hears only two cases a month, regularly conducts proceedings in English if the parties request it. If you want, it is possible.

In the Sonko case, the Federal Criminal Court referred a request to politicians: "The question of whether criminal proceedings can be conducted in English in the future is a political decision that does not fall within the jurisdiction of the Federal Criminal Court."

Sonko denies all allegations. Either the statute of limitations has expired or he was not responsible for it, he claims. He sees himself as a victim of human rights violations because he spent seven years in detention under precarious conditions.