A federal judge has, for the third time this year, refused to dismiss criminal charges against Michael Sang Correa, a West African man living in Colorado, accused of committing acts of torture in The Gambia that may violate US law.
US District Court Senior Judge Christine M. Arguello has consistently denied Correa’s requests to throw out his indictment, which includes seven counts of torture. Correa allegedly took part in the investigation of a failed 2006 coup attempt against then-President Yahya Jammeh in The Gambia, as a member of an armed unit that reportedly tortured suspects involved in the coup.
Earlier this year, Arguello rejected Correa’s argument that he couldn’t be prosecuted in the US for actions that occurred outside the country, referencing the Torture Act of 1994. More recently, she ruled that the unavailability of two witnesses from Africa did not violate Correa’s right to a full defense.
This week, Correa’s legal team attempted a new argument, claiming that the indictment was filed too late, exceeding the five-year statute of limitations generally applied to federal crimes. Correa was charged approximately 14 years after the alleged torture took place.
His defense argued that the prosecution mistakenly invoked a provision of the USA PATRIOT Act, which extends the statute of limitations for crimes posing a risk of death or serious injury, including torture. They contended that this provision was intended for terrorism-related offenses, not general cases like Correa’s. They cited a recent Supreme Court decision concerning the January 6 attack on the US Capitol to support their claim that the law was focused solely on terrorism.
However, Judge Arguello sided with the prosecution, stating that the law does not limit the extension of the statute of limitations to only terrorism offenses and that torture is included under its provisions.
According to the indictment, Correa, who lived in Denver before his arrest, allegedly tortured six individuals involved in the failed coup against Jammeh. The reported torture methods included beatings, electrocution, and other forms of severe abuse.
Under the Torture Act, individuals can face up to 20 years in prison for acts of torture committed outside the US.
