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| Momodou |
Posted - 03 Jan 2011 : 19:54:20
Detention Without Trial Or Disappearance Without Trace
By Fabakary B. Ceesay
31-12-10
We have now come to the last day of the year 2010 and still some Gambian families continue to worry and ponder over the continuous detention and long disappearance of their family heads and love ones who were picked up by men in plain clothes . Some of these people were picked up years and months ago by people mostly on board numberless vehicles.
Foroyaa assigned this reporter to visit some of the affected families to find out whether anything has changed.
The people listed below have disappeared from their families and they could not establish their whereabouts since they were taken away.
Mrs Marcie (Masireh) Jammeh and Mr Haruna Jammeh, are both from Kanilai. The family of Masireh and Haruna Jammeh said their family heads were taken away on 14th July 2005 in their presence and since then, they never set their eyes on them or heard of their whereabouts.
Mr. Jarsaja (Sarja) Kujabi, a native of Foni Dobong went missing since in the summer of 2005. Jasarja’s family said he was arrested while he was working on his farm. They said he was escorted to his home to change his farming clothes and was later taken away. The family said they have left no stone unturned with a view to getting information about him, but to no avail.
Corporal Alfusainey Jammeh of The Gambia Prison Service said to be stationed as guard at the compound of the Director General of The Gambia Prisons Service, Mr. David Colley, was called to report to Police Headquarters in Banjul in the summer of 2005 and never returned home. His family said he called from the Police Headquarters to inform them that he was detained, but did not give any reason for his detention. The family said they are reliably informed that Alfusainey is detained at the maximum security wing at Mile Two Prison, though they could not have access to him.
The Ex- District Chief of Foni Kansala, Alhagi Momodou Lamin Nyassi and his two friends, Alhagi Buba Sanyang (alias Bubai) and Ndongo Mboob, all natives of Foni Bwiam, went missing on the same day. Their families said the three friends were picked up by men in plain clothes on board a numberless pickup vehicle in the evening of 4 April 2006, as the trio was seeing each other off after a visit to one of them. The families said since then, they never heard of or traced their whereabouts, even though they tried all avenues available to them.
Journalist Ebrima Manneh (alias Chief Manneh), a State House reporter for the Daily Observer newspaper went missing since 7th July 2006. His family said he left for work on that day and never returned home. The father said he approached the authorities and influential personalities within the country for them to intervene to help in the search of his son, but his efforts did not yield any fruits. He said he has visited all the known prisons and many police stations across the country in search of his lost son, but the authorities never allowed him access to the security installations. The father said at one point, while approaching a very influential person in the government for her intervention in his son’s case, he was subsequently arrested by the security guards of that influential person. He said he was later released after the said person ordered the security guards to release him.
The Media Foundation for West Africa (MFWA) took the matter to the Regional Court of the Economic Community of West African States (ECOWAS) in Abuja for The Gambia government to release him. The Gambian authorities never appeared before the Court even though the Court made it known that they were served with summon of the suit filed against them. The Gambia government failed to appear in any of the sittings, and the panel of judges ruled in favour of the plaintiff and asked the Banjul authorities to release Journalist Manneh and compensate him an amount of US 100,000. The Gambia government broke the silence eight months after the judgment and denied that Manneh is in their custody.
Mr. Kanyiba Kanyi, an employee of the Christian Children Fund (CCF), went missing since 18th September 2006. His family said he was arrested by men in plain clothes on board a cab at his house in Bonto village in Kombo East while they looked on. They said his junior brother was later arrested in the same evening and detained over night at the Serious Crime Unit at Police Headquarters in Banjul.
His family said they took Lawyer Ousainou Darboe who filed a “Habeas Corpus” at the High Court for the State to produce him, but to no avail. They said the matter has been in Court for almost four years and nothing progressive is coming forth. They added that they do not even know where the case stands as at now.
Mr. Alieu Lowe and Mr. Abdoulie Njie, both residents of Fagi kunda, were arrested on the 27 March, shortly after the 21 March 2006, abortive coup said to be masterminded by then Chief of Defence Staff (CDS), Colonel Ndure Cham. Their families said they are currently being detained at the Mile Two Central Prison. They said they are allowed access to them. The family said they are not aware of any charges against them in a law Court since their arrest.
Mr. Ebou Jarju, a former Steward at State House, who was first arrested on 20th March 2008, in the presence of his family was held at Banjul Police station up to 11 January 2009 when he was released without any charges, only to be re-arrested a week later. His family said he is currently held at the Mile Two Central Prison. They said they could not have access to him since then.
Major Wally Nyang, of The Gambia Armed Forces, said to be arrested on March 5, 2010, is yet to be seen by his family. His family said they last saw him on the last weekend of February 2010. They said they were reliably informed that he is currently detained at the Mile Two Prison.
Source: Foroyaa |
| 15 L A T E S T R E P L I E S (Newest First) |
| kobo |
Posted - 19 Jun 2014 : 01:06:32
WHERE IS COMMISSIONER OF PRISONS, THOMAS JARJU? Missing For 14 Days
Source: Foroyaa June 18, 2014
By Mustapha Jallow
Reliable information reaching this reporter speaks of the disappearance of the Gambia Prison Services Commissioner, Mr. Thomas Jarju.
This reporter approached family sources to confirm the story. According to a close family member, Commissioner Jarju, a resident of New Yundum, has gone missing two weeks ago, since he set out for work at the Mile II Central Prison in Banjul on June 4, 2014.
Asked if they know why he did not come back, the family source said they couldn’t establish the reason for the Commissioner’s sudden disappearance from the public view. The family source also said they are unaware of his current whereabouts since the day he went out for work at his office in Banjul. The source also indicated that since Commissioner Jarju’s disappearance, the family has been in a state of trauma for the sudden disappearance of their loved one. “We have tried all possible means at our disposal to trace him through telephone calls to his personal contact number, but all our efforts proved futile as his phone is switched off and unreachable,” said the source.
The source added that Commissioner Jarju is the sole bread winner of the family and has many children, the youngest being a 2 month old baby boy. |
| kobo |
Posted - 03 May 2014 : 15:32:17
FOROYAA EDITORIAL: SYSTEM FAILURE OR IMPUNITY WHY THE DETENTION AFTER 72 HOURS WITHOUT COURT ORDER?
Published on Friday, 02 May 2014 | Written by Ousman Njie
The National Intelligence Agency is under the command of the President. Hence if the media reports that persons like Kemo Ceesay are detained without trial at the NIA headquarters for more than 72 hours the executive should react to defend the Constitution by facilitating the release of the detainee.
To fail to do so is to acknowledge that there is either system failure or impunity. In the same vein the Gambia Police Force and the Prisons under the jurisdiction of the Ministry of the Interior.
Hence if it is reported that a person like Mambury Njie and Momodou Sowe are under detention for more than 72 hours at a police station and the prison respectively, the Ministry should be concerned and order compliance with the law.
In short protectors of the law should not be breakers of the law. The purpose of creating oversight institutions like the office of Ombudsman is to promote justice and fair play. However, if the executive cannot counsel its agents to comply with the law one must rightly conclude that there is either impunity or system failure This makes all those concerned with human rights to label the government a violator of human rights while the government accuse them of trying to tarnish the image of the government.
The blame game should stop and it will stop if those who swore to uphold and defend the Constitution remain faithful to the words of their oath and put an end to impunity. |
| Momodou |
Posted - 26 Apr 2014 : 17:59:41
UPDATE ON DETENTION WITHOUT TRIAL AND DISAPPEARANCE WITHOUT TRACE
By Mustapha Jallow
Published on Friday, 25 April 2014
The disappearance without trace and detention without court trials of Gambians and foreign nationals in the Gambia is becoming nightmarish and causing frequent bad experience. Following recent investigation into the state of affairs of those who fall prey to this traumatizing and agonizing situation, family members give fresh accounts of how their fathers, brothers, uncles and close relatives have been snatched and whisked away from them by people in plain clothes. In this month’s update, we highlight those whose disappearance without trace and detention without trial has clocked nearly a decade, and inclusive are recent persons who also fall victim to this unlawful exercise.
According to our recent investigation, some have never been seen after their arrest, others are said to be held at the National Intelligence Agency (NIA) headquarters detention cells, whilst others are said to have been put at the Remand Wing or Security Wing of the Mile II Central Prisons.
The former Finance Minister, Mr Mambury Njie, was first arrested on February, 25th and released on 12th of March, 2014, at the Brusubi Police Station, after 13 days behind bars. He was re-arrested on April, 15th 2014, around 2pm, after he had received a phone call to report at the Brusubi Police Station.
Mr Mambury Njie is currently standing trial on allegations of Economic Crimes and abuse of office contrary to the Laws of The Gambia. Shortly, after granting him bail at the Banjul Magistrate’s court, he was re-arrested and taken to the Brusubi police station where he was detained beyond 72 hours.
The source added that no reason (s) have been put forward for his detention. It is five (5) months now since the Deputy Director at the Ministry of Energy, Mr Kemo Ceesay, also fell prey to this menace and kept at the NIA headquarters. He was first arrested on September 17th 2013, a day following his return from a visit to Guinea Bissau.
Our source hinted that Mr Ceesay got re-arrested in December, 2013, after a phone call at 12pm from the state security, National Intelligence Agency (NIA), to answer for questioning.
Family and close relatives of Mr Ceesay inform that they have been allowed access to him, but said no reason is advanced to them regarding his detention. Mr. Mamadou Sowe, a resident of New Yundum village, ex- Protocol Officer at State House in Banjul, left home for work but never returned home. Sowe was last seen in public on the 3rd December, 2012, when he set out for work in Banjul. Until now he has not been seen.
This reporter has been investigating and monitoring the disappearance of Momodou Sowe. A source close to Sowe revealed that Sowe’s wife had a stomach upset on one weekend, so on Monday 19th November, 2012, Mr Sowe accompanied her to Bunjulunding Clinic and did not go to work that day.
The following day Tuesday 20th November, 2012, Momodou Sowe arrived at the office around 9 O’ clock and was approached by someone who told him that one of his Directors wanted him.
The source added that he should accompany him to the NIA Headquarters in Banjul.
The source told this reporter that the two left and he Sowe was later detained there till Thursday, 22nd when he came home with two security agents to his residence in Yundum. They conducted a search of the whole house and eventually went back to NIA office in Banjul. His detention continued till the following week, when, on Tuesday 27th November, he was granted bail with one surety and D50,000,00.
He was asked to report on bail the following day, which he did. After a few hours, he was told to go home but to report again on Monday 3rd December, 2012. He came home to his family and spent the whole weekend with them.
However, when he set out for work at state house in Banjul Monday 3rd December, as directed, he was detained at the NIA Headquarters. Ever since then December 3rd, 2012, to date, nothing is said of him. The source also indicates that Momodou Sowe is currently at the Maximum Security in Mile II Prisons, ever since 3rd December, 2012.
It is now one year two months (426) days since his detention without trial without cogent reasons(s) given to the loved ones.
A native of Jarra and an Ex-employee of the Christian Children’s Fund (Child Fund) who resided at Bonto village in the West Coast Region, Mr Lamin Kanyi, (alias Kanyi Bakanyi), was arrested after his compound was raided by three men in plain clothes on September 18th 2006.
Family sources say he was arrested around 9pm when he was sitting and putting on his singlet. They also added that three (3) men then came and approached him telling him that they wanted to see him in camera; without hesitation, Kanyiba granted them audience and he requested them to identify themselves and their mission, but they the officers refused compelling him to join them.
The source indicated that a taxi suddenly appeared in the scene and Kanyiba was pushed inside the taxi and the driver then drove-off, leaving the family in tears and shock.
At midnight of the same day, another private vehicle with a numberless tinted glass vehicle came to their compound and requested for Kanyiba.
The source further noted that his younger brother, Wandifa Kanyi informed the visitor of his (Kanyiba’s) arrest but the unkown visitor then forcefully conducted a thorough search in the belief that Kanyiba was there. T
he source added that his brother, Wandifa, was then whisked away by the said men and was briefly detained at the Serious Crime Unit, in a cell where he spent the night and released on the following day without any charge or conditionality. Since then Kanyiba Kanyi has never been heard or seen.
At the time of his arrest, his wife was left with a one-month old pregnancy, and family sources indicated that the wife gave birth to a baby girl who is 8 years old now.
Another source close to Kanyiba revealed that Kanyiba’s father, in his efforts to trace his son’s disappearance, tried to meet the President Yahya Jammeh at his native village of Kanilai but his efforts bore no fruit. Sources also hinted that his father died shortly after that attempt to see the president. Lawyer Ousainou Darboe also filed “Habeas Corpus” against the state to produce Kanyiba but to no avail.
Two High Court orders were delivered for the release of Kanyiba from unlawful detention but the state insisted that they did not have him. Three friends, Alhagi Momodou Lamin Nyassi, former Foni Kansala Chief, and Co, Alh. Buba Sanyang (alias Bubai Sanyang) and Mr Ndongo Mboob, all natives of Bwiam in the Foni Kansala district, were said to be arrested on the same day by security agents, put in a blue tinted glass vehicle with a numberless plate and whisked them away.
According to family sources, Alh. Momodou Lamin Nyassi was picked up on a Tuesday evening in April, 2006, just after escorting his friend Ndongo Mboob, who was also arrested on the same evening.
A family source said his disappearance has been causing them trauma and agony. He also added they have made visits to the Mile II Central Prisons, Janjanbureh Prison and the NIA Headquarters in Banjul, but all proved futile as no information about his disappearance is clear to them.
This family source calls on the state to help in finding out his disappearance which, they said, has almost reached 9 years now. ForAlh. Buba Sanyang (alias Bubai Sanyang), a family source told this reporter that they are still worried and concerned about his wellbeing.
It could be recalled that Alh. Buba Sanyang, according to a family source, was also picked up on the same day by three people claiming to be security personnel, soon after he had performed the Maghrib prayer. “That was the evening the 3 friends went missing and not having been heard off up to date.”
Jasarja Kujabi, a native of Dobong in the Foni Kansala district, also went missing since Wednesday, July, 27th 2005, after his house was ransacked and raided by three persons.
He was put in a tinted glass jeep with a numberless Nissan 4 wheel vehicle. During the ransacking, Mr Kujabi was on his farm working. He was later accompanied from his farm to his home where he got dressed and whisked away, leaving his family in shock and despair. Sources also revealed that Mr Kujabi was driven-off along with one Haruna Jammeh, who was also arrested on the same day.
The same source also revealed that Jasarja’s brother, James Kujabi, was picked up in 2004 and Abdoulie Kujabi, a former NIA Director, was also arrested and detained at the NIA Headquarters on January 5th 2006, and later detained at the Mile II Central Prison.
James was released whilst Abdoulie was moved to the Mile II Prisons. Sources also indicate that Jame’s wife was also picked up at a time when she was breast feeding, but later released by the NIA on the same day. Journalist Chief Ebrima Manneh, former State House Reporter and a Daily Observer Crime Watch Columnist, also allegedly went following an order from the NIA to respond to questioning on the 7 July 2006.
Family sources said the desperate father of the missing journalist, in a move to search for his son, had approached Mr Harry Sambou, the then Director General of the NIA, Mr Ousman Sonko, the Inspector General of Police at the time, Alhagie Abdoulie Fatty, State House Imam and Madam Isatou Njie-Saidy, the vice president, but all his efforts bore no fruits.
A family source expressed disappointment in the government which he considered unwilling to investigate Chief Manneh’s disappearance. “We will not relent until we get to the bottom of this matter and until the perpetrators are brought to book,” the source lamented.
The source concluded by calling on all the media organisations and human rights groups to continue their campaign to trace Chief Manneh. Alhagie Mamut Ceesay and Ebou Ceesay, also citizens of the United States of America, were picked up on 22 June, 2013, by strangers and have not been seen since then and did not appear before any court.
According to family sources, the two were in two separate rooms within the building, and were whisked away late at night. In a recent press release issued by the U.S. State Department, through the U.S. Embassy in Banjul, the Gambia Government was urged to locate the two American nationals as the safety and protection of U.S. citizens remain the top priority of the Department of State.
One Mr. Lamin Tunkara, from Kinteh Kunda Marong Kunda, Central Baddibu, was arrested on July 21, 2005, by a group of C.I.D. and N.I.A. agents behind Albert market in Banjul. The family of Mr Tunkara said his house at Tallinding Kunjang was ransacked by the said security agents who confiscated monies in foreign denominations.
The family added that he was detained at the Police Headquarters for few days before being moved to the Kairaba police Station; that during one of their visits to Kairaba Police Station, they were told that Lamin and his colleagues had escaped from custody. They said they were also told that whilst in custody, Lamin told his family that he was accused of being an agent of some foreign nationals to facilitate their way illegally to Spain.
They said since then he has neither been seen, nor heard.
Source: Foroyaa |
| kobo |
Posted - 18 Dec 2013 : 20:44:36
1. THE SEARCH FOR EX-PROTOCOL OFFICER SOWE INTENSIFIES
Published on Tuesday, 17 December 2013
By Mustapha Jallow
Foroyaa has been monitoring the ‘disappearance without trace’ of Momodou Sowe, an ex-Protocol Officer at the State House in Banjul. Sowe’s disappearance has become a concern to his family. After his wife, Aminata Camara-Sowe, made several attempts to trace his whereabouts including writing to the office of the President, the whereabouts of the ex-protocol officer remains a mystery.
According to her, she had received a letter from the office of the President acknowledging receipt of her letter. She also visited the remand Wing of the Mile II Central to check if her husband had been detained there, but her efforts bore no fruit.
On 28th November, 2013, she visited the Mile II Prisons to make enquiries about her husband’s whereabouts, but was told by staff there that Sowe is not kept under their custody. Mr Sowe who went missing since the wee morning of 3rd December, 2013, when he set out for work, never returned home.
The desperate looking woman; who was pregnant when her husband went missing, indicated that she walked into the Headquarters of the National Intelligence Agency (NIA) yesterday to ask about her husband’s whereabouts, but was told by 2 operatives that there is no inmate under the custody of the NIA called Sowe.
The same goes to the Police Headquarters in Banjul.
Source: Foroyaa Burning Issues News
2. Faces of Gambians Who Disappeared Without Trace
Gross violations of human rights in the form of arbitrary arrest, detention without trial and disappearance without trace of people continue unabated in the Gambia. Dozens of Gambians from all walks of life – civilians, members of the security apparatus and other citizens – spend several years and months languishing in detention at Police Stations, Mile II Central Prison and secret hideouts. They are deprived of their constitutional right to face the due process of the law.....
Source: Kibaaro Online News & full report |
| kobo |
Posted - 05 Dec 2013 : 04:14:52
1. Protocol Officer Momodou Sowe’s Disappearance Clocks One Year in Detention
Foroyaa Burning Issues: Published on Wednesday, 3 December 2013
It has now clocked one year following the disappearance of Mr. Momodou Sowe without trace since he went missing on 3rd December 2012. The former State House Protocol Officer, Momodou Sowe, a resident of New Yundum in the West Coast Region (WCR) was last sighted in public on 3rd December, 2012, when he set out for work at state house in Banjul. It was earlier reported that Mr. Sowe’s vehicle was severely damaged by unknown assailants on the day he went missing. Sowe’s whereabouts up to date are unclear to his family and this has brought concerns to them.
According to the wife of Mr. Momodou, they’ve been calling his cell phone, but they were all switched off. According to the family, few days after his disappearance, two men came to his residence and requested for the clothes of Sowe.
The wife and family used this medium to appeal to the concerned authorities especially the head of state and his government to help them in tracing the whereabouts of Mr. Momodou Sowe, who has been described as the breadwinner of his family.
Mr. Sowe is said to have left 2 kids behind who are extremely desperate to see their beloved father.
Foroyaa had earlier reported what Mrs Aminata Camara-Sowe, the wife of Mr. Sowe said that at the time of the disappearance of her husband, he had left nothing with them and only the Almighty Allah knows what they have been through.
“I was four months pregnant when my husband left me. Our only daughter would make us weep everyday when she asks about her father’s whereabouts,” Mrs Camara-Sowe explained. She said her husband is the breadwinner of the family and in fact the only one that has a job in the family.
“I have done everything I could to trace my husband’s whereabouts, but to no avail,” said Mrs Aminata Camara Sowe while speaking to this reporter about the disappearance of her husband. She made reference to a letter written to the Secretary General, Office of the President, narrating what had happened and pleading for intervention.
Mrs. Aminata Camara-Sowe said she is appealing to the head of State to come to their rescue and help them trace the whereabouts of her husband, Mr Momodou Sowe; saying that they are really going through very hard times in their lives since his disappearance almost one year ago.
Source: Foroyaa
2. Related Bantaba topic Man hangs, sets himself ablaze? reported ("left the compound early morning at around 6am on Thursday, 21st November 2013 and his whereabouts had not been established until when his body was found in the said bush.") |
| kobo |
Posted - 15 Nov 2013 : 15:45:23
Where is Momodou Sowe, Protocol Officer? Left home for work but never returned
Foroyaa Burning Issues: Published on Thursday, 14 November 2013
The wife of Mr. Momodou Sowe, a resident of Yundum village has told Foroyaa that her husband, who is reported to be a Protocol Officer at State House in Banjul , left home for work but never returned home. She said he was last seen in public on the 3rd December 2012 when he set out for work in Banjul. Until now he has not been seen.
According to the wife of Mr. Momodou Sowe, Mrs Aminata Camara-Sowe, when her husband was about to leave for work on Monday 3rd December 2012, he found out that his windscreen and the other glasses of his car were broken by unknown assailants, but went to work on that day, but never came back. Aminata said they called his Mobile Phones, but they were all switched off. She said that at the time of the disappearance of her husband, he had left nothing with them and only the Almighty Allah knows what they have been through. “I was four months pregnant when my husband left me.
Our only daughter would make us weep everyday when she asks about her father’s whereabouts,” Mrs Camara-Sowe explained. She said her husband is the breadwinner of the family and in fact the only one that has a job in the family. She also reiterated that after his disappearance, two unknown men came to their residence and requested for the clothes of Mr. Sowe. She said after giving the clothes to them, she also requested from them to give her access to her beloved husband, but she said their response was in the negative.
“I have done everything I could to trace my husband’s whereabouts, but to no avail,” said Mrs Aminata Camara Sowe while speaking to this reporter about the disappearance of her husband. She made reference to a letter written to the Secretary General, Office of the President, narrating what had happened and pleading for intervention. She showed us the reply of the Secretary General which acknowledged receipt of her letter adding, “His Excellency has asked me to accordingly convey that your letter has been noted.” Mrs. Aminata Camara-Sowe said she is appealing to the head of State to come to their rescue and to help them trace the whereabouts of her husband, Mr Momodou Sowe, saying that they are really going through very hard times in their lives since his disappearance almost one year ago.
Source: Foroyaa |
| kobo |
Posted - 22 Mar 2013 : 14:04:24
The Daily News: Published on Friday March 22, 2013;
A Gambian journalist has gone into hiding for fear of being harmed, disappeared without trace or killed.
"Fabakary B. Ceesay, a senior reporter of Foroyaa newspaper who runs a monthly Detention without Trial column on Foroyaa, has escaped unharmed. The column was formerly anchored by Yaya Dampha who also had a similar experience.
Mr. Ceesay’s fleeing resulted after he had been tipped that the National Intelligence Agency (NIA) issued a secret warrant for his arrest a day before the kidnapping of a protest-seeking journalist Baboucarr Ceesay.
“I decided to go into hiding for two days before finally fleeing to Senegal,” Mr. Ceesay told Kibaaro News........
Read More at Source: kibaaro news.com" |
| kobo |
Posted - 14 Mar 2013 : 20:35:26
ABDUCTION/DISAPPEARANCE IS WORSE THAN A STATE OF EMERGENCY
Foroyaa News: Published on Wednesday, March 13, 2013
Written by: Ousman Njie
"ABDUCTED BABOUCARR CEESAY RELEASED WITHIN 72 HOURS
The Foroyaa received information that Mr Baboucarr Ceesay, the FirstVice President of the Gambia Press Union (GPU) was released from detention before the expiration of the 72 hours time limit for detention without trial on Monday evening, 11 March 2013. Law enforcement agents are referred to as members of the disciplined force. This implies that they are professionals who will identify themselves before effecting any arrest, treat every detained person according to the Law and handle their cases in accordance with the due process of law.
Foroyaa is outraged that abductions and disappearances are taking place right before the eyes of the citizenry after the universal outcry against the detention and disappearance of Imam Baba Leigh. Family members have almost surrendered their rights to seek redress through the courts. Such subjection of citizens who have committed no crime and have not been taken before any court is worse than what is permissible under a state of emergency.
We were waiting to see what would happen to Baboucarr Ceesay within 72 hours after his abduction.
The Government is responsible for the behaviour of its agents and must ensure that they adhere to the requirements of the law.
Allow us to review what the Constitution says should happen to detainees during a state of emergency when certain fundamental rights could even be suspended.
Section 36 states that once a person is detained under subsection (1)(a):
“(a) he or she shall, as soon as reasonably practicable, and in any case not later than twenty four hours after the commencement of the detention, be furnished with a statement in writing specifying in detail the grounds upon which he or she is detained; and the statement shall be read, and, if necessary, interpreted, to the person who is detained in a language which he or she understand
(b) the spouse, parent, child or other available next-of-kin of the person detained shall be informed by the authority effecting the detention and shall be permitted access to the person concerned at the earliest practicable opportunity, and in any case not later than twenty-four hours after the commencement of the detention;
(c) where none of the persons mentioned in paragraph (b) can be traced or none of them is wiling and able to see the person detained, the person who is detained shall be informed of this fact within twenty-four hours of the commencement of the detention and he or she shall be informed of his or her right to name and give particulars of some other person who shall have the same right of access to the person who is detained as any of the persons mentioned in paragraph (b);
(d) not more than fourteen days after the commencement of his or her detention, the authority which effected the same shall give notice in the Gazette stating that he or she has been detained and giving particulars of the provision of law under which the detention is authorised;
(e) not more than thirty days after the commencement of his or her detention, and after that at intervals of not more than ninety days during the continuance of his or her detention, the case of the person concerned shall be reviewed by a tribunal as provided in subsection (2);
(f) the person who is detained shall be afforded every possible facility to consult a legal practitioner of his or her choice who shall be permitted to make representation to the tribunal appointed to review the case;
(g) at the hearing before the tribunal appointed for review of his or her case, the person detained shall be entitled to appear in person or by a legal practitioner of his or her choice and at his or her own expense.”
If this is what should happen under an emergency what about during normal times?
The Government should work on the professionalism of its agents to avoid impunity. Imam Baba Leigh should be released.
Detention beyond 72 hours should stop. Cases that do not pose security threats like that of the Daily Observer journalist, Alhagi Jobe, should be waived. The uncertainty among young journalists should be addressed.
The Gambia Press Union should begin to work on self regulatory measures so that the ethics of the profession could be adhered to and more protection given to journalists to practice their profession without intimidation." |
| kobo |
Posted - 10 Mar 2013 : 09:44:57
WHO WILL RESCUE THEM?
Foroyaa Editorial: Published on Saturday, 09 March 2013
Written by: Ousman Njie
"Imam Baba Leigh, Alagie Jobe, Benedict Jammeh, Jatta and the list of Detainees goes on.
The Gambia Press Union has said it all. The Constitution is the supreme law. It gives the orders of the land that the Executive, The National Assembly, The Judiciary and all natural persons resident in the Gambia are obliged to obey.
Section 17 subsection (1) of the Constitution obliges the Executive and its agents to respect and uphold the rights provided for by the constitution. It states:-
"The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by all organs of the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in The Gambia, and shall be enforceable by the Courts in accordance with this Constitution."
This means that all security personnel should be exposed to the provisions protecting fundamental rights and freedoms.
One of those provisions is section 19 of the Constitution which makes it mandatory to take a person before a court or release him or her on bail within 72 hours of arrest and detention. This is written in black and white for the executive and its agents to respect and uphold.
It reads: "Any person who is arrested or detained upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the Laws of The Gambia, and who is not released, shall be brought without undue delay before a court and, in any event, within seventy-two hours."
The courts are supposed to enforce this. This is why section 37 subsections (1) and (2) give victims of human rights violations access to the Courts as follows:
(1) If any person alleges that any of the provisions of sections 18 to 33 or section 36 (5) of this Chapter has been, is being or is likely to be contravened in relation to himself or herself by any person he or she may apply to the High Court for redress.
(2) An application may be made under this section in the case of a person who is detained by some other person acting on the detained person’s behalf.
Since detention without trial beyond the 72 hours limit persists, relatives of such people should try the High Court to see whether it would exercise its enforcement powers.
There are procedures if one is to be lawfully detained in a prison. If those procedures are not followed such detentions become arbitrary and unlawful, empowering the High Court to come to the rescue of the victim." |
| kobo |
Posted - 10 Mar 2013 : 09:42:22
IS THE PRESIDENT AWARE OF THE NUMBER OF PEOPLE IN DETENTION WITHOUT TRIAL? THE MINISTRY OF JUSTICE SHOULD STEP IN THE PLACE OF HUMAN RIGHTS COMMISSION
Foroyaa Editorial: Published on Tuesday, 26 February 2013
Written by: Ousman Njie
"It is generally the tendency of all persons occupying one official position or another or at least aspiring to hold those positions to read the articles of major newspapers and listen to major broadcasting stations to be current on public opinion. We do not think the APRC leadership is any different. If it is current on public opinion the numerous detentions without trial would have struck their attention. This leads us to ask what there is to be gained by such detentions.
People are now asking what use it is to have a Constitution and have cabinet members or parliamentarians or judges swear to uphold its provisions every day only to witness its violation on a continuous basis. No government would want to be accused of impunity. However, Impunity simply means the tendency to honour the laws of a country with total disregard. The danger is evident when people get tired of raising concerns. The acts become a way of life that eventually becomes so decadent that the total integrity of a government is lost. In that case those who manage the affairs of countries become pariahs who people speak evil of everywhere in the world.
Section 207 of the Constitution calls on the Executive to exercise direction and control over all agents and impress on them the need to uphold the principles of the Constitution. Torture, inhuman and degrading punishment, detention for more than 72 hours without trial, are all forbidden by the Constitution.
Section 207 Subsection (3) of the Constitution gives the media a unique mandate. It states:
"The press and other information media shall at all times, be free to uphold the principles, provisions and objectives of this Constitution, and the responsibility and accountability of the Government to the people of The Gambia."
This is why Foroyaa has been asking for the whereabouts of Imam Baba Leigh and others detained without trial.
The danger with such disappearances is that criminal gangs could use the same tactics and the State would end up being the suspect. The difference between a State and Criminal Gang is its refined method of handling suspects who are accused of committing crimes. If the due process is followed no one would disappear. No one would be tortured. Within three hours all suspects would know why they are arrested. Their lawyers would be able to attest to their physical wellbeing. Courts may grant them bail or remand them in custody pending fair trial. There would be no bad or negative publicity. No families will have sleepless nights.
Since the Ministry of Justice is the key legal adviser of the Government it is best for the Ministry to investigate into the long detentions without trial a view to putting a definitive end to the practice." |
| kobo |
Posted - 22 Feb 2013 : 08:42:14
UPDATE FROM FOROYAA BURNING ISSUES NEWS;
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| kobo |
Posted - 21 Nov 2012 : 22:46:53
UPDATE FROM FOROYAA BURNING ISSUES NEWS;
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| Momodou |
Posted - 22 Aug 2012 : 15:36:14
After Nearly 7 Years In Unlawful Detention Kanilai Native Freed
The Daily News: Published on Tuesday, August 21, 2012
Nearly seven years after his arrest, Alfusainey Jammeh, a native of President Yahya Jammeh’s birth village of Kanilai, has been released on Friday August 17, The Daily News can reliably report.
Alfusainey Jammeh, a prison warden, was arrested since October 19, 2005. His family has confirmed that he has never been taken to any court of law, neither has he been charged with an offence.
Read Full Story |
| Momodou |
Posted - 30 Jun 2012 : 16:30:31
Former State House Steward Released After 3 Yrs in Detention
By Binta A Bah
Friday, June 29, 2012
 Aformer steward at State House has been released after spending 3 years under the custody of the state, The Daily News can reliably report.
Ebou Jarju on Tuesday June 26, between the hours of 3-4pm, left Mile 2, State Central Prison, situated at the outskirts of Banjul, and walked home as a freeman.
Believed to be in his late 30s, MrJarjue is a native of Darsilameh, a village in the Kombo Central district of the West Coast region of The Gambia.
Media reports have it that he was first arrested in 2008 and detained at the police headquarters in Banjul up to 2009.
The former steward was then released, only for the state security agents to re-arrest him shortly afterwards.
He has since been reportedly detained at Mile II until on Tuesday when he was said to have been released allegedly on a presidential directive.
A source close to his family told this paper that no charge was levied against him. No reason was advanced for his arrest and detention, nor was he taken to court, even though The Gambian constitution forbids such detention beyond 72hours.
“Ebou Jarjue got the information on Tuesday June 26, [that he was free] when he returned from the Royal Victoria Teaching Hospital for medical check up,” our source said.
Source: Daily News |
| kobo |
Posted - 30 Apr 2012 : 23:58:21
FREEDOM NEWS;
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