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 DETAINED MALIAN DOCTOR COMPLAINS OF POLICE BRUTA..
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Momodou



Denmark
11824 Posts

Posted - 02 Sep 2006 :  14:56:41  Show Profile Send Momodou a Private Message
DETAINED MALIAN DOCTOR COMPLAINS OF POLICE BRUTALITY
By Lamin Fatty



In the on going trial of one Dr. Amadou Traore, a Malian National, for his alledged involvement in the murder of one Bangali Tunkara, some time back in 2004, he stated that he is a doctor by profession and was resident in Tamba kunda.  According to him, some time in November 2004 he left Tamba kunda for Ziguinchore; that while he was in Ziguinchorr, he received a phone call from the Gendarmeries in Welligara that he was wanted by the Basse Police. He said that he told them that he could only be available after 10 or 15 days as he taking care of patients. He is said to have presented himself to the Willingara Police Station in December and was immediately escorted to the Basse Police Station by the Senegalese Gendarmeries.  He highlighted that upon arrival at the Basse Police, a Senior Police officer whom he cannot remember, ordered his junior officers to hand-cuff and put him in the cells.  He told the Court that when he asked for the reason why he was being handcuffed he received a slap in the face.  He further revealed that he was stripped naked and was asked to tell them the wherabout of the rebels reported to be hidden in The Gambia.  He said he told them that he does not even know The Gambia not to talk of rebels hiding in the country.  He pointed out that he was mercilessly beaten until he went into a comma. He explained that some acid was also poured on his body.

He said from there he began to gain consciousness. He stated that an amount of two million five hundred and thirty-five C.F.A, was taken from him by the Senior Police Commissioner of Basse Police Station, when he was searched. He said the following day the said Commissioner of Police told him that if he discloses to anybody that he the (Commissioner) took his money he would be killed; that a lit cigarette was put off in his ear by the said Police Commissioner. Going further in his testimony, Dr. Traore narrated that on the 24th December 2004, he was invited by the then O.C in his office and was asked to sign a statement, which according to him, was not clearly explained to him. He said that he together with eight other detainees he met at the cell, where paraded in front of a large crowd before the Basse Police Station. He indicated that the following day, the 26th of December 2004, he was taken together with the eight other detainees to the remand wing at Jangjangbureh Prisons and subsequently transferred to the Mile Two Central Prisons in Banjul.

According to him, upon arrival at Mile Two, he was put in a small cell with both hands handcuffed for almost one month. He further narrated that on the 26th January 2006, he was visited by his lawyer, Mr. Borry Touray, who came to inform him that two of his wives came from Mali and where with the Malian Ambassador in The Gambia; but that they did not have access to him because of the magnitude of his case. He then said that his lawyer advised his family to return to Mali and come back after four months. He said after sometime, he was again visited by the New Malian Ambassador at the time with two different lawyers, after which he was taken back to Janjanbureh Prisons and finally to Basse Police Station, where he is still under detention. In his ruling, the Presiding Magistrate, Baldeh, urged the Police to respect the civic and fundamental rights of detainees, stating that Mr. Traore’s condition in detention was deplorable. The case was then adjourned to Monday, 21st August 2006, for cross extermination by the prosecution. It could be recalled that Mr. Traore was arrested and detained since 2004, for his alleged involvement in the murder of one Bangali Tunkara, during the time Nfamara Jallow was the Commissioner of Police for Basse division.


Source: Foroyaa Newspaper Burning Issue
Issue No. 72/2006, 1-3 August, 2006

Momodou



Denmark
11824 Posts

Posted - 04 Sep 2006 :  22:49:23  Show Profile Send Momodou a Private Message
DETAINED MALIAN ACQUITTED AND DISCHARGED

The criminal trial of a Malian doctor, which was set for judgment, proceeded at Basse Magistrates’ Court on 24 August 2006. In delivering his Judgment, the presiding magistrate, Mr. Tony Baldeh, said the following: “The accused Dr. Amadou Traore was charged with the offence of being in possession of fire arms without a valid license contrary to Regulation 43 (1) of the Arms & Ammunition Act”. He pleaded not guilty.

The prosecution called 2 witnesses to proof their case. The first prosecution witness was Pa Jibril Nyang, a police officer attached to Bakadaji Police Station, who told the court that he recalled on the 13th November 2004 when he was at Sare Bojo Lumo. While there, he, together with one fire service officer, went on patrol on board a police vehicle with registration number GPF4. He said they went to Busura, a village not far from Sare Bojo where they saw four men resting under a tree. According to PWL, he and Samba Sabally walked towards the four men and demanded for their ID cards, which they could not produce. He said that was the time he asked the four men to put on their bicycles on board the vehicle to be taken to Bakadaji Police Station. However, while the vehicle was in motion, the four men jumped out of the vehicle and ran away leaving their bicycles and their bags on board the vehicle. PWL said he stopped the vehicle and they conducted a search on their belongings and saw an AK47 rifle, 30 bullets and a crew-bar. He said he also found in the bag an original Senegalese ID card and photocopy picture. He said he was sometime later called to Basse Police Station for identification parade where he was able to identify the accused as the one whose photocopied picture was retrieved from the bag. PW2 was Samba Sabally a fire officer attached to Basse fire Station who told the court that he did not know the accused in person but he knew Pa Jibril Nyang, the PW1. He said on that particular day he met up with PW1 at Sare Mansong village checkpoint. He said PW1 told him that he had information that there are four suspected thieves at Busura village. He said without any hesitation he joined PW1 and they drove to Busura inorder to arrest the four suspects. According to PW2, on arrival they found the suspects resting under a tree and demanded their ID cards. But according to PW2 only one of them was able to produce an ID card. He said the suspects were later arrested and placed on board a police vehicle GPF4 and they drove off to Bakadaji Police. In this evidence PW2 said on the way to Bakadji, the four men jumped out of the vehicle and ran away. He said they chased them but could not catch them. He said they were able to recover from the suspects an AK47 rifle with 30 bullets, 4 pedal bicycles, crew-bar and a national ID card belonging to one Malian bearing the name Krubally.

In his defense, the accused, Dr. Amadou Traore, told this court that on 7th December 2004, he received a telephone call from Wellingara gendarmerie that he, Dr. Traore, should report there because he was wanted by some police officers. He said he appealed to them to give him 10 to 15 days as he was at the time having some people for treatment and his request was granted. On the 22nd December 2004 he reported himself at the Wellingara gendarmerie. He said the gendarmes informed him that the police in Basse brought a Senegalese ID card with his address on it. According to Dr. Traore he asked the commander as to what the problem was all about. He said the commander said he did not know anything, but everything would be cleared at Basse Police Station. He said on arrival at Basse, one of the senior police officers asked his juniors to take him to a particular house. He said he asked for what reason and the senior police officer gave him a sharp slap and he was forcefully taken to the said house, stripped naked and was severely beaten up. He said he was later asked about the rebels in The Gambia to which he said he knows nothing about. Dr. Traore said at the time he was having two million five hundred and thirty-five CFA on him, a Nokia mobile phone which were taken by the said senior police officers. He also alleged that he was seriously tortured.

The court said: “After a careful study of the evidences of both the prosecution and defense, the court finds the evidence of the two prosecution witnesses very interesting. It could be recalled that both Nyang and Samba Sabally PW1 and 2 made it very clear that, on that day they don’t know the accused nor can they identify the accused among the four suspects who ran away. PW2 Sabally said the accuser’s Malian ID card was left behind and this is why he was arrested. During cross examination the accused put it to the second prosecution witness that the document found was an address and not an ID card. It could also be recalled that in his defense Dr. Traore said as a doctor he gives out his complimentary cards to many people within the ECOWAS member states. However, this court believes that the accused is not a criminal. Because firstly, the accused could have run away out of Senegal when he was called by the Welligara gendarmeries; secondly, he was given 15 days to report himself and; thirdly it could be recalled that in his defense, the accused told this court that sometime after his handing over to The Gambian authorities, the Senegalese authorities came to Basse and informed the police at Basse that he, the accused was innocent. And again he told this court that the CID Officer Dumbuya did advise the police commissioner that he should not be charged in the first place. The court strongly believes in the stories because the prosecution did not refute these claims in his cross-examination concerning the document found; it is not an ID Card but a complimentary card or address. The court found the evidence of the prosecution to link the accused to the weapon found and crime committed as very weak for the fact that the accused has denied the alleged offense from day one despite the torture inflicted on him.”

In his ruling the presiding magistrate, Tony Baldeh, highlighted that based on the totality of the evidence presented before the court, there is every indication that the prosecution has failed to proof their case beyond all reasonable doubt. He therefore acquitted and discharged the accused, Dr. Amadou Traore; and urged the confiscation of the AK47 machine gun with 30 bullets and the crew bar to the state.
It could be recalled that Dr. Amadou Traore was arrested and detained since on the 22nd December 2004, for alleged in possession of firearms, without a valid license contrary to regulation 43(1) of the Arms and Ammunition act.


Source:Foroyaa Newspaper Burning Issue
Issue No. 73/2006, 4-5 September, 2006
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