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admin
130 Posts |
 Posted - 12 Jul 2011 : 23:38:25
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Poll Question:
Should the Gambian Police Force/ NIA be allowed to pick up citizens without a signed warrant from a Presiding Judge?
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| Results: |
| A) Yes they should be able to arrest anyone they suspect without evidence. |
 [11.1%] |
5 votes |
| B) They should be required to provide a warrant at all times with exceptions |
[20%] |
9 votes |
| C) It should be against the law to arrest anyone without a warrant or blatant cause |
[40%] |
18 votes |
| D) No evidence, No signed warrants No arrests |
[28.9%] |
13 votes |
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Poll Status:
Locked »» |
Total Votes: 45 counted »» |
Last Vote:
19 Aug 2011 07:54:59 |
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Lily
United Kingdom
422 Posts |
Posted - 19 Jul 2011 : 15:11:46
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| I see some people voted for "with some exceptions" and I am curious to know what those exceptions might be? |
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turk
USA
3356 Posts |
Posted - 19 Jul 2011 : 21:29:26
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Lily
Ideally, you are right. However, I want to raise some of the point that may change your view little bid.
1. Currently Gambia is lacking resources, lacking speedy process of evidence like DNA, finger printing, forensic other tools, officers are using to collect evidence. They do not have information technology to check background, criminal database, previous charges etc. Things are very slow for any kind of investigation. Police officers do not have phone to communicate to each others or the office. Police officers do not get proper education on human rights, law
2. It is very easy to run away from police. Police officers do not have equipment, vehicles. When you are in Gambia, try calling Police officers. You are lucky if they ever come same day.
3. Most important, I know for the fact that for example, Bundung Magistrate Court and most of other courts have full of trial waiting for their turn. Bundung Kadi court does not have a computer, printer, scanner. They have to go to and beg for clerk in Bundung Magistrate court to type a document. Typing a simple document could take a while. For a day, the kadi have to go through 10s of cases, and there is only one registrar for documentation, and court does not have anyone to records what is said in the court. The stuff is not efficient and judges have overwhelming number of cases waiting in queue. And some of the cases is like 3 months earliest. The transportation between offices are very difficult. For example, if police officers needs to go to Banjul for any paper work, he does not have a car. He needs to take a van. Going to Banjul and coming back to Bundung only for some documentation would take 4 hours.
Your concern is valid, but things are not that easy in Gambia. |
diaspora! Too many Chiefs and Very Few Indians.
Halifa Salah: PDOIS is however realistic. It is fully aware that the Gambian voters are yet to reach a level of political consciousness that they rely on to vote on the basis of Principles, policies and programmes and practices. |
Edited by - turk on 20 Jul 2011 02:36:32 |
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Lily
United Kingdom
422 Posts |
Posted - 20 Jul 2011 : 09:42:53
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| I hear and understand everything you say Turk. |
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turk
USA
3356 Posts |
Posted - 20 Jul 2011 : 14:57:30
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| Yeah. What I was trying to say that implement proper law, ethic, policy has two factors. One political will/idealism meaning people who want to have a proper procedure based on universal law order, human rights. The other factor is capability and availability i.e. resources, technology and money. If I give you a name in UK, most probably Police will locate this person very easily. Do you know how hard it is to do that in Gambia!!!!! |
diaspora! Too many Chiefs and Very Few Indians.
Halifa Salah: PDOIS is however realistic. It is fully aware that the Gambian voters are yet to reach a level of political consciousness that they rely on to vote on the basis of Principles, policies and programmes and practices. |
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kobo
United Kingdom
7765 Posts |
Posted - 20 Jul 2011 : 21:51:19
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1. Are you saying that we don't have have professional Police and Law enforcement agents; to follow basic rules of SERIOUS CRIMES THAT WARRANTS "ARREST", "DETENTION" AND "CUSTODY"  
2. The Law assist them and in compliance with The Constitution; that protects citizens and community
3. "ARREST" is about seizing or restraining someone's liberty by LEGAL AUTHORITY or WARRANT. So prior to "ARREST AND TAKE INTO CUSTODY", sets of procedures include; A WARRANT amongst other legal requirements
4. If PROPER ARREST IS NOT EXECUTED, IT IS CONSIDERED "ABDUCTION", "KIDNAP", ILLEGAL AND A SERIOUS CRIME
5. JUSTICE and THE LAW are two different things in practise
6."FUNDAMENTAL RIGHTS AND FREEDOMS OF CITIZENS" MUST BE GUARANTEED (UNDER THE CONSTITUTION) AND JUSTICE MUST BE SEEN TO BE IN PLACE TO MAINTAIN PEACE, STABILITY, LAW AND ORDER |
Edited by - kobo on 20 Jul 2011 22:16:30 |
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kobo
United Kingdom
7765 Posts |
Posted - 25 Jul 2011 : 04:00:14
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FOROYAA ADDRESSED "ARRESTS AND DETENTIONS" DURING MILITARY DECREE RULE'S CLIMATE OF FEAR BY PUBLISHING THESE TO INFORM AND PROTECT THE PUBLIC AT LARGE (CITIZENS & ALIENS);
"Foroyaa observed that Section 10 (a) of Decree No. 45 states that “The staff of the Agency shall have the power to arrest and detain for investigation any person within the territorial boundaries of the country suspected of having an intention to undertaking or undertaking activities of the state, or to the welfare or economic well being of persons living in the country……”
However, Section 14 of the Criminal Procedure Code also states that “Any person who is arrested, whether with or without a warrant, shall be taken with all reasonable dispatch to a police station, or other place for the reception of arrested persons, and shall without delay be informed of the charge against him. Any such person while in custody shall be given reasonable facilities for obtaining legal advice, taking steps to furnish bail, and otherwise making arrangements for his defence or release.”
The Paper called on the head of state to set up a complaints commission to receive and consider complaints of arrests and detention without any evidence to effect them. This is necessary if arbitrary arrests and detentions are to be avoided and a climate of fear prevented.
Foroyaa stated that to continue to arrest anyone; especially a citizen and detain him/her without prosecuting him for any offence will amount to a powerful state bullying the citizen it should protect and bullying it said, does not earn respect or even fear.
The Paper called on the authorities to investigate with a sense of decency and respect for the dignity of the human being; that detention constitutes a seizure of liberty which should be done only when there is reasonable suspicion that a crime has been committed, the paper posited." |
Edited by - kobo on 25 Jul 2011 04:23:09 |
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kobo
United Kingdom
7765 Posts |
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