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kobo
United Kingdom
7765 Posts |
 Posted - 06 Jun 2013 : 14:31:30
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1. FOROYAA NEWS:EDITORIAL
WHEN WILL DETENTION BEYOND 72 HOURS WITHOUT COURT APPERANCE END?
"The Gambia Bar association needs to come to the defence of any member of the legal profession whose rights are violated. It is the violation of the right of any person under arrest who is not told what he or she is suspected to have done within three hours of detention and be accorded the right to consult a legal practitioner. The Executive and its agents should respect the rights of each person who comes into their hands.
Secondly, the Constitution says that once a person is detained and is not released, he should not be held for more than 72 hours without taking him or her before a court for a genuine enquiry of the cause of his or her detention and it would be left to the court to grant bail or remand the person in custody. Needless to say, remand prisoners should have access to family members and legal counsel.
The terrible thing about detention without court appearance is the inability to have access to family members and legal counsel. In many instances, the person could stay for a long period of time without proper meals, clothes and personal cleanliness.
The authorities of the state are very quick to accuse online media houses of trying to tarnish the image of the country but little effort is done to prevent gross violations of the Constitution by those who are given the authority and do swear to defend it without fear or favour, affection or ill will.
It is necessary for all Gambians to add their voice in calling for the end to detention without trial beyond 72 hours. Some are beginning to be complacent by arguing that there is no need to be concerned because the practice will not stop. The fact, however, is that this is not a partisan matter. None is immune to such detention. Hence, each should be concerned and each should in his or her own way express disapproval against the continuation of the practice in the Gambia."
SOURCE
2. RELATED BANTABA TOPIC: Detention Without Trial Or Disappearance Without Trace
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Edited by - kobo on 07 Jun 2013 08:06:31 |
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kobo
United Kingdom
7765 Posts |
Posted - 07 Jun 2013 : 05:09:33
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FOROYAA BURNING ISSUES NEWS WITH THREE LAWYERS IN DETENTION;
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Edited by - kobo on 07 Jun 2013 08:24:38 |
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kobo
United Kingdom
7765 Posts |
Posted - 07 Jun 2013 : 18:31:09
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FOROYAA NEWS: EDITORIALS;
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Edited by - kobo on 07 Jun 2013 22:50:44 |
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kobo
United Kingdom
7765 Posts |
Posted - 11 Jun 2013 : 04:23:17
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1. FOROYAA BURNING ISSUES NEWS;
"“I was called for questioning and investigation is going on but I cannot comment on it as I don’t want to preempt anything,” said Lawyer Badou Conteh in an interview over the weekend at his office in Dippa Kunda, following his release by agents of the National Intelligence Agency (NIA). Lawyer Conteh was responding to the questions as to the reason for his arrest and whether he was charged. He said he was not charged.
It could be recalled that Lawyer Conteh was reported held on Wednesday,29 May 2013 and was detained up to Monday 3 June 2013 without court appearance, which exceeds the 72 hours limit for detention without trial imposed by Section 19 of the Constitution of the Second Republic. Lawyer Conteh told this reporter that he was invited for questioning and he complied like anyone would and that he would not make any further comments on the issue in order not to pre-empt any further development in the investigation.
The barrister said he received a call whilst entering the law courts, inviting him over to the NIA and he complied.
SOURCE: Info. here
2. MORE FOROYAA BURNING ISSUES NEWS AND EDITORIAL;
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Edited by - kobo on 11 Jun 2013 21:21:10 |
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kobo
United Kingdom
7765 Posts |
Posted - 24 Jun 2013 : 08:26:46
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1. FOROYAA NEWS:EDITORIAL
AHA! IT IS VERY GOOD THAT HE /SHE IS DETAINED
"SHOULD A PEOPLE WHO TREASURE TRUTH, JUSTICE AND LIBERTY REACT THIS WAY?
Revenge is a trait among animals that is designed to deter repeated aggression. Human beings have risen above this trait of revenge as a defence mechanism to be able to establish states rooted in justice which create laws and institutions to protect each person irrespective of personal peculiarities such as gender, religion, ethno-linguistic origin or other differences. Hence under the right system wrong deeds are brought before the court of justice and every grievance redressed to satisfaction.
What is clearly happening before everyone’s eyes is the creation of a criminal justice system that is worse than what the Constitution permits under a state of emergency. Yet there are some people telling Foroyaa that it is good for some officials to taste what they call their own medicine. Instead what we should be doing is teaching the families of those people what it means to be each other’s keeper.
Once everyone takes the abnormal as normal then insensitivity to the plight of others would be the order of the day and everyone would be yearning for another’s downfall. Any society that is left with such a psyche shall descend into the bottomless pit of injustice and degradation.
We have said it over and over again that a state is too powerful an instrument to be left in the hands of one mortal person without checks and balances.
If Foroyaa ignores what is happening how would the injustices be reversed. Even if power pretends that it is not listening to what is being said those who legitimise power with their votes are listening. That is the purpose of information in a sovereign Republic.
It is to remind those at the helm what their responsibilities are and provide evidence for those who put them there regarding how they are performing their stewardship so that they could be fair judges when they are approached for a mandate.
No leader dares to defy a conscious people who show their disapproval of their manner of Government by taking exception of actions taken by them and distancing themselves from such actions. Foroyaa is reminding the executive what is expected under a state of emergency when a person is under detention and compare it with the detention of those who have not been able to see their families since their detention...."
SOURCE: Full information here
2. RELATED BANTABA TOPIC: Ex-Minister Jobarteh, Pa Harry Jammeh arraigned |
Edited by - kobo on 24 Jun 2013 08:29:56 |
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kobo
United Kingdom
7765 Posts |
Posted - 27 Jun 2013 : 03:45:17
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FOROYAA BURNING ISSUES NEWS;
"Foroyaa is concerned about the number of arrests which emanated from the tour of the President. Every Gambian or resident of the country should not be subjected to any arbitrary arrest and detention.
Arbitrary detention means being detained based on the mere suspicion of a person without any evidence that could be relied on to allege criminal offence. At the state level, an authority must receive a report from an investigating or auditing authority giving tangible evidence of alleged crime before the matter is handed over to the police for preferring charges.
The Constitution is very clear as to what the President should do if the state has any question about a public officer’s honesty. In short, he should convene a Commission of inquiry under Section 200(1).
It reads:
“The President may, whenever he or she deems it advisable, issue a Commission appointing one or more Commissioners authorising such Commissioners to inquire into-
(a) the conduct of any public officer;
(b) the conduct of any District Chief or Alkalo;
(c) the conduct or management of any department or authority of the public service or any local government authority or public enterprise; or
(d) any matter whatever arising in The Gambia in which an inquiry would the opinion of the President, be for the public good.”
Investigation that amounts to a fishing expedition is not reasonable or justifiable in a democratic society, especially when the length of detention violates the Constitution.
Any detention beyond 72 hours without court appearance should be conceived by the courts as inhuman and degrading punishment and actionable for judicial redress."
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Edited by - kobo on 27 Jun 2013 03:47:04 |
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