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Watchman
Gambia
174 Posts |
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mansasulu
997 Posts |
 Posted - 08 Nov 2010 : 22:15:34
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quote:
Originally posted by Watchman
http://escapefrombanjul.blogspot.com/2010/11/rethinking-sana-sabally.html
"...the ICC does not provide double jeopardy protection, any adept defense lawyer can successfully argue that Mr. Sabally is entitled to a double jeopardy dismissal of the case judgement because his 9 years in prison were purportedly for treason but they might as well been for any alleged crimes against humanity that the Court cannot prove beyond a reasonable amount of doubt...
"Former Lieutenant Sabally was right to have attempted to topple Yahya Jammeh in those early days of the ongoing infamy in our beloved country...."
Watchman,
Very well argued case I must say. However, lets not forget that Bairo was convicted for attempting to topple Jammeh, a point you concede to in the second quote. His crimes against innocent gambians are a human rights issue that connot be morphed into what he attempted or didn't against Jammeh. Until he is man enough to admit to his crimes against the Gambian people, we should not take this dude seriously. I still believe he needs to fully fess up for his deeds instead of always going on a rampage everytime he opens his mouth or pens something.
I believe innocent Gambians he tormented deserve their day in court. I doubt they will, but to try to remake the image of an unrepentent and unabashed criminal is an attempt to change the facts. He can have all the charisma he wants, but in the eyes of many Gambians, he is nothing short of a thug. He will be a very obscure figure when this chapter of Gambia's history is complete. |
"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)
...Gambian by birth, Muslim by the grace of Allah... |
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Prince
507 Posts |
Posted - 09 Nov 2010 : 00:40:11
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Great point Mansa, I don't like Sanna either but unfortunately, he CANNOT and WILL NOT be successfully prosecuted by the ICC. Double jeopardy aside;
1. The ICC can only prosecute crimes that national governments are "unwilling or unable" to prosecute. This is not case with Sanna, he was successfully prosecuted by the Gambian government and he paid his debts to society by serving nine years in jail.
Furthermore, prior to his trial, Gambians who had cases against him were invited -through the national media- to report their grievances to the relevant authorities. These grievances were addressed during his trial.
2. Most importantly, the ICC can only prosecute crimes committed on or after July 1, 2002. That was when the treaty (Rome Statute), establishing the ICC came into being.
So we can huff and puff all we want, but Sanna ain't heading to the Hague. |
"When injustice becomes law, rebellion becomes duty." |
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kondorong
Gambia
4380 Posts |
Posted - 09 Nov 2010 : 00:57:59
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| bantaba always is full of suprises. |
“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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Watchman
Gambia
174 Posts |
Posted - 09 Nov 2010 : 19:14:14
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Mansa,
Thanks for the very nuanced observation of the moral sphinx that is Sana Sabally. I think most of us expressing repugnance at the beaten down fella are subscribing to the notion of hitting as close to home as possible. Let me elaborate: Now that he has actually been released into society, powerless and devoid of the ability to sow terror in cowering Gambian hearts, Mr. Sabally finds himself in the middle of snarling wolves eager to pounce on a defenseless lamb whose mother(Jammeh)successfully eluded their fangs.
Sana Sabally is the lamb borne out of the web of conspiracy that was inspired by Yahya Jammeh. A desire to exact revenge on a toothless, cashiered, ex-APRC hardliner through "justice", local or international, distracts us from keeping our focus on the utmost target of them all, the "Sheikh" himself.
Further, the most relevant, practical precursor to the ICC, the Nuremberg Trials, were very inconsistent as far as meting out justice without discrimination where Hitler's acolytes are concerned.
Albert Speeer, so-called "Hitler's Builder", designed grand structures (on the backs of millions of slave laborers) as an ode to Aryan superiority and was spared the hangman's noose. He died in 1981 of natural causes aged 76. Wilhem Keitel, head of the armed forces was found guilty and executed in October 1946.
Some Nazi criminals, whose calumnious actions, far exceeded Sana Sabally's alleged crimes against humanity were acquitted based on technicalities but mostly due to the fact that they had counsel who successfully argued the complexities of command and control while others simply told their clients to express remorse like Speer did.
It is this hesitance to blanket every perceived moral shortcoming in black and/or white that has made the most litigious society in on Earth, the United States, balk at becoming a member of the ICC.
If you ask me, such a court was created to alleviate Western guilt over the ravages of colonialism and the proxy wars they indulged Africans and others in. The likes of Sana Sabally should not be caught up in a superficial dragnet because they have more than probable cause to be found not guilty.
Those baying for Sana's blood are mistaking effort for progress.
Progress for Gambia will be in the form of its citizen's showing a civic volunteerism that will gradually force a despotic regime to retreat and give way to democratic rule.
Efforts like deciding who should face the scales of "justice" because we do not "like" someone, shows a putting of the cart before the horse and as long as we indulge in such pettiness,we will all be banished to impotent fates as Bantabaa in Cyberspace prognosticators while Yahya Jammeh has his way with a nation that all of us have equal rights to determine its future.
www.escapefrombanjul.blogspot.com |
For your own good, read:
www.escapefrombanjul.blogspot.com |
Edited by - Watchman on 09 Nov 2010 19:17:55 |
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Karamba
United Kingdom
3820 Posts |
Posted - 09 Nov 2010 : 19:51:02
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Watchman,
More respect and thanks for having to exhume dead crimes needing life and proper treatment. |
Karamba |
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Watchman
Gambia
174 Posts |
Posted - 09 Nov 2010 : 21:07:53
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Karamba,
Same compliments to you Karamba. I notice your very active, calm and observant writing here a lot. Seems our ideas about the ICC and Sana Sabally and such seem to have sprouted together.
I tell you brother, when minds are working in sync to achieve a noble aim such as fredom for our The Gambia, everything clicks.
By the way, maybe Charles Taylor seems to prefer his current predicament as opposed to say, wilting away in some dangerous Liberian prison where his guards could decide any day to execute him. Why? He has conjugal visits. His young, newest wife had a daughter recently.
I wonder what the mother's of deceased child soldier's are thinking upon hearing this beastly warlord continues to sire children even in disgrace. |
For your own good, read:
www.escapefrombanjul.blogspot.com |
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Karamba
United Kingdom
3820 Posts |
Posted - 10 Nov 2010 : 01:54:23
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Most vigilant Watchman,
It is gratifying that while Yaya Jammeh and his ruthless gang have tasked themselves the ugly use of improper ways to wreck Gambia, they are caught pants down. In his selfish thoughts, Yaya is hiding behind whole super structure of government to ruin Gambia, but he can only go far enough.
Please keep it going. Keep watching and let's know what you see. This man and his load will sink in deep sea some day and Gambians will once and for ever regain normal life. He is just a typical unfair crook.
It is up to them thinking all is fine. That is not what we think. Forces of good will prevail over evil schemes and harmful person of this armed bandit along his gang members. |
Karamba |
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Rainbow
Gambia
114 Posts |
Posted - 10 Nov 2010 : 19:15:34
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i love this part (Grandma always said, "Son, You should never argue with idiiots because they will just drag you down to their level....then beat you with experience!") can't stop laughing!!!!
quote:
Originally posted by Prince
Great point Mansa, I don't like Sanna either but unfortunately, he CANNOT and WILL NOT be successfully prosecuted by the ICC. Double jeopardy aside;
1. The ICC can only prosecute crimes that national governments are "unwilling or unable" to prosecute. This is not case with Sanna, he was successfully prosecuted by the Gambian government and he paid his debts to society by serving nine years in jail.
Furthermore, prior to his trial, Gambians who had cases against him were invited -through the national media- to report their grievances to the relevant authorities. These grievances were addressed during his trial.
2. Most importantly, the ICC can only prosecute crimes committed on or after July 1, 2002. That was when the treaty (Rome Statute), establishing the ICC came into being.
So we can huff and puff all we want, but Sanna ain't heading to the Hague.
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| Bantaba in Cyberspace |
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