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taalibeh
Gambia
336 Posts |
 Posted - 21 Apr 2006 : 13:54:01
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In the Gambia currently there is a profound level of miscarriages of justic perpetrated by security service personnel eg the NIA, Police, Army etc. Why has there been no court actions against these entities by victims of the heneous crimes.
Is it not possible under Gambian law for victims of these crimes to sue for compensation. It is high time to try a test on this phenomenon. A precedent has to be set.
Obviously bodies like Reporters Without Borders can help journalist victims sue the government, infact internation law suit against the government could be possible and therefore should be exploited.
I hereby kindly invite our legal brothers and sisters to come in with comments.
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Taalibeh |
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jambo
3300 Posts |
Posted - 21 Apr 2006 : 15:36:33
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taalibeh
In an ideal world, it should be so, but can you imagine trying to take the army to court. I think they would not because of the backlash against their families. Also could the victims afford to pay for the court case!?!? |
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taalibeh
Gambia
336 Posts |
Posted - 21 Apr 2006 : 16:18:57
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jambo, unless I misunderstand it, there is a legal aid progamme in the Gambia. This programme is designed to assist those victims who wish to pursue a legal action but do not have the financial means to do so.
Secondly like I said international bodies like Reporters without Border might be in a position to help jourlalists who fall victim of their governments. |
Taalibeh |
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bamba
Sweden
401 Posts |
Posted - 21 Apr 2006 : 18:15:46
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| In, what I would call correct democracies, people get their dues under all circumstances. But Gambia is not a correct democracy. I agree with Jambo. What's more there to be said, taalibeh? |
Bamba |
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Sankofa
58 Posts |
Posted - 21 Apr 2006 : 18:27:58
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| Hold on Hold On. Who is talking about democracy. It is durumocracy. Did you not read my speech. We split people into four with no problem. What part of my speech dont you guys understand. |
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bamba
Sweden
401 Posts |
Posted - 21 Apr 2006 : 19:16:15
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| Our man is back alternating between Sankofa and Kondorong. Judging by the effigy of your idiol, I wish u drop the earlier. |
Bamba |
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somita
United Kingdom
163 Posts |
Posted - 21 Apr 2006 : 20:04:03
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It seems to me some people on the forum are missing the point. Litigation is not our way farward, it will means robbing the ordinary tax payers the small resouces or service that quarangle is providing.
Unless such actions are aim at individual responsibilities not chain of command. But again if you prosecute individuals, not the chain of command, you are just going to jail folks that are only following illegal oders not the person give the orders. On the other hand once a case gets bugged down to chain of command, the looser can only be the tax payer and the winners the lawyers who will be more than happy to drag the case to ethenity.
In international law is different from national laws, its interpretation is one complex journey to where -as far history is concern. Those that remembes Penochet's extradition trial in Britain will recall all too well the ineffectiveness of the process.
The fact remain most world leaders do not support international courts because what might be considered a valid internationally interpretation could be held otherwise by national court. Infact the most powerful country in the world is not only against international court but undermines it day in day out.
Lets fight for our freedom, its never going to be given to us on the table by the opperessor, instead we have to demand it, sadly is the way things are but to expect reward or compensation takes away the very reason of the struggle ... lifting the burden on the ordinary men and women.
If there is any case against Gambian govt, Jammeh's account is not going to suffer, its tax payers money that would be use to compensate, the very people you are poporting to be caring for. A wider look into ligitation or compensation that such case can trigger would bring a burden unbeareable to tax payer. For every Gambian can sue our govt, For example farmers can sue govt causes undue hardship on them to name but a few.
I would love to think those standing up to Jammeh are sacrifying or laying down for the benefits of all, compensation would surely a claim out of the window. Peace |
Edited by - somita on 21 Apr 2006 20:50:45 |
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taalibeh
Gambia
336 Posts |
Posted - 21 Apr 2006 : 22:06:36
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Thanks somita, that was a good arguement but did not convince me. The fear of depleting our national coffers should not be the reason why victims of miscarriages of justice should shy away from seeking redress to their problems.
Additionally the fear of implicating the people who are merely following a command should not be a reason either for abstaining to seeking a remedy to a situation. This will be a license for other people to execute more illegal commands.
The best way to fight for ones freedom is throught the courts and I think this possibility could be exploited further for everyone's benefit. Jammeh is not only smashing those standing up to him but even the inactive ones are suffering from his wrath. You cannot stand up against a menace like jammeh without any means of protecting protection.
How about the case of Pa Sallah - former Banjul Mayor? He did stood up to jammeh through the courts and won even though the guy refuse to concede. That did set some precedence, didn't it? |
Taalibeh |
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kondorong
Gambia
4380 Posts |
Posted - 21 Apr 2006 : 22:14:07
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| Justice is not cheap and if you are interested in the costs, then it is not for you. There is no value on justice. It is just too important to atach value to it. |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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taalibeh
Gambia
336 Posts |
Posted - 21 Apr 2006 : 22:45:42
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| You got it konds. We must not cost our seeking justice and safeguarding our values and integrity. The cost should be the objective and should be weighted to be grater than anything else. |
Taalibeh |
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