Amnesty Int’l. Exposes Jammeh’s Rogue Regime- II

--More Evidence of Torture, Killings & Disappearances

 

 

Gambia's tyrant Jammeh- Threatening to kill more

JUDICIAL INDEPENDENCE?

When the 14 defendants were charged in June 2006, their defence counsel questioned the impartiality and independence of the judge assigned to the case. The judge had been Director of Public Prosecutions for four years prior to his appointment as the High Court judge overseeing the treason trial. Given the sensitivity of the case, the fact that he had been so closely associated with the government immediately prior to this appointment gave the defence teams cause to doubt that he could rule impartially. When no action was taken in response to their concerns, the lawyers withdrew from the case, leaving the defendants temporarily without legal representation.

Former detainee Demba Dem on trial for treason told Amnesty International:

There was a big problem with the judge. At first the judge that they assigned to all the cases was a judge that everyone considered to be a mercenary judge. After the lawyers complained, the case was split. One group was given to the High Court judge from the Commonwealth. The other went to the military court martial. The High Court judge was fair. She was fair until she was threatened by the President with regard to how she should rule in the case. Actually in reality no one in the High Court should have been charged. The military court martial was a kangaroo court. The judge advocate was a mercenary judge. Everyone knew what the outcome of the trial would be before it started. Those army officers were no guiltier than anyone else in the army today.

The Gambia, Africa's torture capital

Once the trials were reconvened in October 2006, the same judge, Justice Akomaye Agim, was appointed by the President to serve as Judge Advocate in the military court martial. The defence teams proceeded with the trial, preferring not to delay the process further; they chose not to protest against this appointment despite their previous doubts about the judge’s ability to be independent.

Historically, the deterioration of the judiciary’s independence has been due to frequent interference by the executive. This interference was characterized by the President removing and appointing judges at will without consultation with the Judicial Service Commission (JSC).²³ Regarding appointments, Section 138 of the Constitution states that all superior court judges shall be appointed by the President on the recommendation of the JSC. The removal process is set out in 141(4)-(9) and offers some safeguards for judicial independence. However, the presidential power of removal of a judge in consultation with the JSC under Section 141(2)(c) is a serious concern in relation to judicial independence. The International Bar Association’s August 2006 report states:

Given the institutional weaknesses and the dominance of presidential appointees on the JSC, the absence of any constitutional safeguards requiring a fair and independent process and the apparent discretion of the President to remove a judge without the agreement of the JSC, this power contains no protection for judicial independence.²⁴

Not only have there been controversial appointments, as in the case of the treason trial and the military court martial highlighted above, but there has also been a history of the removal of judges who hand down impartial and independent decisions. For instance, in 2008 alone, within a three-month period, the President removed three High Court judges without consultation with the JSC. This interference has led to strong reaction from the Gambian Bar Association (GBA), who plan to take the matter to the Supreme Court. 

The independence of the judiciary is essential to a fair trial. It means that decision makers can act impartially and in accordance with the law, without interference, pressures or improper influence from other branches of government. It also means that judges are appointed on the basis of their legal expertise. This deliberate attempt to undermine the effectiveness and independence of the judiciary has contributed to a culture of impunity in Gambia.

3. PRE-TRIAL CONFESSIONS UNDER TORTURE

Torture is used routinely in Gambia to force confessions and as punishment. In both the military court martial and the treason trial, significant evidence surfaced to suggest that confessions had been extracted under torture during the pre-trial period, raising concerns about the admissibility of the evidence. 

ALLEGED TORTURE IN THE COURSE OF THE MILITARY COURT MARTIAL

In response to these allegations that torture was used to force confessions, the defence counsel highlighted the fact that much of the prosecutor’s evidence was based on defendants’ pre-trial confessions and demanded that an independent investigation be conducted to determine if in fact torture had been used to extract confessions during the pre­trial phase. However, despite the physical evidence of torture and the testimony of the three military officers that they were tortured under interrogation, the lawyers’ request for an independent investigation was turned down by the judge advocate. This resulted in a “trial within a trial” procedure, which is meant to test whether the statement obtained by the police from the accused persons when they were being investigated was given voluntarily. This was overseen by the same judge advocate who had ruled that the confessions were voluntary and admissible as evidence. The defence counsel had great concerns about the independence of this procedure and decided that, in the event of their clients being found guilty, this would be grounds for an appeal. 

ALLEGED TORTURE IN THE COURSE OF THE TREASON TRIAL

Amnesty International had similar concerns during the course of the treason trial when one of the accused, Alieu Jobe, made a statement to the Investigation Panel during his pre-trial detention claiming that another defendant, Tamsir Jasseh, had aided and escorted Chief of Defence Staff Ndure Cham, prompting Jasseh’s arrest. The defence counsel challenged the voluntary nature of Jobe’s statement, claiming that it had been obtained illegally under conditions of torture and therefore was inadmissible as evidence. The court agreed with the defence counsel about the involuntary nature of the statement but allowed the statement to be considered in court as evidence, in violation of fair trial standards.

Of great concern to Amnesty International is the fact that the judge acknowledged the use of torture while in detention of those accused of involvement in the alleged coup plot, and not only reportedly allowed the admission of evidence gained under torture but appeared to place great weight on such evidence. Throughout the course of the trial the majority of the accused testified that they had been tortured while in detention. The accused appeared in court with broken limbs and eye trauma. However, there has been no impartial investigation into any of the allegations of torture, and the court has relied heavily on the use of this evidence to determine the guilty judgement.

4. ONE CASE OF TREASON CONTINUES IN THE HIGH COURT

Marabout Hamadi Sowe, one of the civilians being tried for concealment to commit treason was originally charged along with six of the military men in May 2006. However, when the case was divided in October 2006, Sowe’s case was split from the others and his trial proceeded separately. In late November 2006, the state counsel, Merley Woods, told the court that they intended to discontinue the case but it was unclear if the charges were formally dropped. Upon hearing this announcement in court, Sowe’s lawyer told his family that he would be released soon. However Sowe was not released from detention. Approximately 18 months later, in late May 2008, Sowe’s trial for concealment to commit treason reopened and is now continuing. His family has access to him once a month and he has access to a lawyer.

There have been delays in taking the appeal process forward for all those convicted and sentenced in the military court martial and the High Court. Amnesty International will continue to monitor the cases on appeal and the ongoing treason trial of Marabout Hamadi Sowe.

CHAPTER 6

HUMAN RIGHTS VIOLATIONS COMMITTED AGAINST JOURNALISTS AND THE ATTACK ON FREEDOM OF EXPRESSION

“If you are a journalist you are considered a natural enemy of the government and there is a good chance that at some point you will become a victim of a human rights violation.”

Exiled journalist

The Gambian Constitution Chapter IV Article 25 provides for freedom of speech, expression, the press and other media. Article 19 of the ICCPR ensures that everyone has the right to hold opinions without interference. Further it states that: “Everyone shall have the right to freedom of expression.” This right includes the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media. Despite these obligations under international and national law, freedom of expression has been under attack since 1994, and each year the space in which the media can operate becomes smaller and more dangerous.  The African Charter (Article 9) provides that every individual shall have the right to receive information and every individual shall have the right to express and disseminate his opinions within the law.

Journalists and other members of the media are routinely subjected to human rights violations, such as unlawful arrests and detentions, torture, unfair trials, harassment, assaults, death threats and closures, making it extremely difficult to do their work. 

1. JOURNALISTS AS TARGETS OF UNLAWFUL ARRESTS, DETENTION, AND TORTURE

Several journalists have been harassed, threatened, received death threats, and been detained and unlawfully arrested if suspected of providing information to online news sources or foreign journalists or publications. In May 2006, just two months after the March 2006 suspected coup plot, following what Amnesty International fears are signs of an increased crackdown on the media and limitations on freedom of expression, the internet based Freedom Newspaper had its website hacked into. A list of what were said to be “informers” was subsequently published in the pro-government paper The Daily Observer and many people on that list were arrested, questioned, detained for several days to several weeks, and some were subjected to torture while in detention. Following this, the government blocked the newspaper’s IP address, stating that the website was affecting security issues between Gambia and Senegal. This was the second time in two years that the government had blocked the address.

Journalists arrested by the NIA and brought to Mile 2 included Lamin Cham, the BBC Banjul correspondent. He was allegedly tortured for three days and threatened with death but was finally released on 6 June 2006. After his release he left the country. Malick M’boob, journalist and communications officer at the RVTH, was also arrested and held incommunicado for 139 days. He was reportedly tortured until his release on 9 October 2006. M’boob is still in the country and reporting. Pa Modou Faal, a journalist with the Gambia Radio and Television Service (GRTS) and Liberian Musa Sheriff, of the News and Report and now editor of The Voice, were also arrested, reportedly subjected to torture for several days and later released.

Human rights violations against journalists have continued in the post-coup period and continued in 2008. ²⁵

2. UNFAIR TRIALS AND THE USE OF THE STRICT MEDIA LAWS

Since 2004 journalists and media staff have been working under restrictive media laws which impose criminal penalties on private publications that fail to register and pay each year to renew their licence. These laws are the Newspaper Amendment Act and the Criminal Code Amendment Act 2004. When the Newspaper Amendment Act was first brought in, it required that all print and broadcast media re-register and sign a statement of bond, certifying that they have sufficient funds to pay any penalties that might be imposed by the courts. The Criminal Code Amendment Act sets mandatory prison sentences of six months to three years for owners of media outlets and journalists convicted of publishing defamatory or seditious material. There is also a minimum six-month prison term or hefty fines for publishing or broadcasting false news, and the state may confiscate any publication deemed “seditious”. 

The legal restrictions on the media began with The Newspaper Decrees 70 and 71 of 1996, which imposed fines for contravention of the 1944 Newspaper Act. In July 2002 further repressive legislation was imposed in the form of the Media Commission Act. This Commission established a code of conduct for independent media, including setting a standard for content and quality for print and broadcast material, and maintained a registry of all media practitioners and organizations. The Commission was given powers to force journalists to reveal their sources and could issue arrest warrants for journalists who ignored such a summons. The Commission required all journalists and media houses to obtain one-year renewable licences, imposing a minimum fine of 5,000 dalais (US$225) on those who did not. Journalists who failed to pay the fine could be suspended for nine months, and media organizations could be suspended for three months. The Commission was also given powers to jail journalists for contempt for up to six months. The President signed this repressive legislation in August 2002 and it was inaugurated in 2003. 

These two repressive laws have contributed significantly to a climate of self-censorship and fear, discouraging potential publishers from venturing into the newspaper business, mainly due to the strict criteria for starting up and maintaining a newspaper. The financial obligation provided by the Newspaper Act has also been a burden to existing newspapers, as the new Act has raised the required bond five times higher than the 1996 Newspaper Decrees 70 and 71.

Strong criticism came from the media and the human rights community, including the Gambia Press Union (GPU) and private independent newspapers who filed a suit with the Supreme Court challenging the Commission’s constitutionality. The GPU also refused to nominate a member to fill its designated seat on the Commission, protesting that it would not cooperate until its charter was amended. An article critical of this new legislation was written by Deyda Hydara, then co-owner of The Point newspaper and Banjul correspondent for Agence France-Press (AFP), and a former president of the GPU. In the end, the legislation governing the Commission was repealed. However the government fought back and the National Assembly passed the Newspaper Amendment Act and the Criminal Code Amendment Act on 13 December 2006. These Acts have been in force since then.

Since the March 2006 coup there have been several cases of journalists falling prey to the restrictive media laws and being required to pay hefty fines to avoid imprisonment. Following the March 2006 coup, along with editor Musa Saidykhan and managing editor Madi Ceesay of The Independent, ²⁶ reporter Lamin Fatty was arrested on 6 April 2006. His arrest was reportedly for incorrectly reporting that former Interior Minister Samba Bah was among more than 20 people detained in the wake of a purported coup attempt. He was held incommunicado, tortured with electric shocks and had no access to a lawyer. Finally, after being held for almost two months without charge, on 14 May 2006 he was charged with publishing false information according to Section 181A(1) of the Criminal Code Amendment Act of 2004. However he was neither taken to court that day nor allowed to contact a lawyer. Initially he found it difficult to find a lawyer willing to take his case. Finally, in June 2006, he obtained the services of a lawyer and the trial started. Over one year later, on 7 June 2007, Lamin Fatty was found guilty of publishing false information and was offered a choice of being sentenced to one year in prison or paying a fine of 50,000 dalais (US$1,850). This fine was paid by the Gambian Press Union, enabling Fatty to avoid imprisonment. Six months after his release from detention, after receiving death threats, Fatty fled the country on 14 January 2008. He is currently in hiding.

In February 2008 he filed an appeal through his lawyer. However the appeal trial has suffered significant delays, initially due to mistakes in the actual judgement presented. Further delays are predicted, as the judge assigned to the case was Naceesay Sallah Waddah, who was removed from her position on 11 September 2008. The next trial date for Fatty’s appeal case was set for 17 October 2008, provided a new judge is assigned to the case. On 17 October the case was adjourned until the New Year.

On 29 March 2007 Fatou Jaw Manneh, formerly a reporter with the state-owned Daily Observer, but currently a Gambian with residential status in the United States, was arrested on her arrival at Banjul airport for allegedly writing articles that were considered critical of the government. The charges were linked to a June 2004 interview given to the now-defunct private bi-weekly, The Independent, in which Manneh severely criticized Jammeh and his government, according to research carried out by the Committee to Protect Journalists (CPJ). In the article, Manneh wrote: “Jammeh is tearing our beloved country in shreds … He is a bundle of terror … Gambians are desperately in need of an alternative to this egoistic frosty imam…” She was detained for six days, in violation of her due process rights, before being charged on four different counts of sedition. At the time that she was charged in April 2007, the CPJ called on the government to drop the charges, stating that the charges criminalized a commentator for expressing her views on issues of public interest.²⁷ Throughout the course of the trial, there was a lack of clarity as to which court had jurisdiction over her case, since she was being charged with writing an article for an online newspaper whilst living in the United States. This caused significant delays to the trial. Finally, more than a year and half later, on 18 August 2008, she was found guilty on all four charges and sentenced to pay a fine of 250,000 dalais (US$12,000) or four years imprisonment with hard labour. The Gambia Press Union and her family paid the fine and she plans to return to the United States.

The Nigerian publisher and editor of Today, a Banjul-based newspaper, Abdulhamid

Adiamoh, was arrested and detained at the police station three times in 2008, on 18 July, 21 July and then again on 16 August, charged with allegedly publishing articles with “seditious intentions”. He was released on bail each time. On 18 September 2008, Adiamoh was convicted and fined US$5,000 for failing to pay tax. Adiamoh lost his case and has been ordered to stop publishing. He is still fighting the sedition charges.

In a Voice of America article published in August 2008, the president of The Gambian Press Union, Ndey Tapha Sosseh, said that Manneh and Adiamoh’s cases are examples of the ongoing intimidation of journalists in the region. The African head of Reporters Without Borders also said that the Gambian justice system is cracking down on reporters and that: “Fatou Jaw Manneh’s case is just one more case of harassment and personal revenge of President Yahya Jammeh based on the police and the justice system of The Gambia, which is completely in his hands,” ²⁸

Amnesty International is concerned that the repressive legislation, combined with the executive’s history of interference in the judiciary and the police is a contributing factor for the lack of freedom of expression in Gambia.

3. FLEEING INTO EXILE AFTER INTIMIDATION AND THREATS

Since March 2006, due to threats, intimidation and violence, at least 10 journalists have fled the country in fear of their life and at least four have been granted political asylum in a third country.

Journalist Yahya Dampha was arrested on 6 October 2007 along with two non-Gambian Amnesty International staff he was travelling with during a field visit. The three were in the regional capital of Basse when they were picked up by two plain-clothes men who did not immediately identify themselves. Later it became apparent that they were members of the NIA. The two Amnesty International staff were escorted by NIA to the governor’s house, where were interrogated about their activities in Gambia. After several hours, all three were turned over to the Basse police. The next day the three were escorted by two plain-clothes policemen to Banjul police station where they stayed the night. With the assistance of lawyers, all three were released conditionally that night and required to report back to the police on a daily basis. All three were unconditionally released on 12 October 2007. None of them was charged. As soon as the two Amnesty International staff left Gambia, Dampha went into hiding. That same day, on 13 October 2006, Dampha’s family was visited by NIA agents. The following day Dampha left the country for Senegal, fearful of what might happen to him if the NIA found him at home. Still at risk in Senegal after an attempted kidnapping by Gambian NIA, Dampha sought protection from UNHCR and the Senegalese authorities, and was granted asylum in a third country. In April 2008 he was resettled with his family.

On 7 September 2006, Sulayman Makalo, former editor of The Daily Express and assistant editor of The Independent, fled after receiving information that he had been targeted for arrest by the NIA. He fled to Senegal and then to Ghana; he has since been granted asylum in the United States. In the wake of the 2006 alleged coup, Makalo had been supplying information on conditions of detention to press freedom and rights organizations. But his final encounter with the NIA took place when The Daily Express reproduced a statement issued by a coalition of 19 press freedom organizations that were denied a permit to hold a conference in Gambia during the AU summit in June 2006. The coalition then held the conference in Senegal and ended up petitioning the Gambian government about its continued clampdown on human rights, and particularly on press freedom.

Other journalists who have been forced to flee the country since 2006 include: Omar Bah, Momodou Lamin Jaiteh, Momodu Justice Darboe, Pa Ousman Darboe and Sheriff Bojang Jr.

29

4. CLOSURES AND A DEPLETED MEDIA

The arrests, detention and torture of three staff of The Independent newspaper and its closure following the March 2006 coup attempt is a devastating attack on freedom of expression in Gambia. According to Committee to Project Journalists, the arbitrary closure of The Independent has been marked by secrecy and contradiction. On several occasions in late April 2006, senior security officials told staff at the newspaper that they were lifting the ban. Yet police officers present at the premises prevented that from happening and occupied the building.³⁰ To date the office remains closed.

Today, one opposition newspaper and four independent newspapers exist in Gambia, but only three of these operate in practice: The Voice, The Point, and the opposition Foroyya. The Daily Express is published approximately once a month and, as of September 2008, the editor of Today has been forced to stop publishing due to legal problems. There is one state-owned paper, The Daily Observer.

In addition to the state-owned Gambia Radio and Television Service (GRTS), there are seven private and four community radio stations in the country. Two of the seven radio stations – Citizen FM and Sud FM – have been shut down in the last two years for broadcasting critical news bulletins. As a result, apart from GRTS, no radio station broadcasts its own news bulletins. Instead, they all relay GRTS bulletins, which contain government or ruling party information There are several online newspapers that are based in the United States.

In the last two years The Independent has been forced to close, three of its staff have been victims of torture and detention and two of them have been forced to leave the country. There has been a crackdown on the use of the Internet. A judgment that the government ignored in the case of the enforced disappearance of Chief Ebrima Manneh of the Daily Observer, combined with the frequent use of the repressive legislation, including convictions of three

Journalists, has led to self-censorship among the media community. This has a negative impact on people’s right to receive information and ideas of all kinds and as such constitutes a violation of the right to freedom of expression. Since 1994 at least 27 journalists have left the country, more than half of them in the last two years, and at least 10 of them have been granted asylum elsewhere. ³¹

CHAPTER 7

ABSENCE OF ADEQUATE REMEDIES

There are no national human rights institutions currently operating in Gambia. There is an Ombudsman’s office, which was created in 1997 under the terms of the Gambian Constitution, but this has a very restricted mandate, which does not allow it to investigate human rights cases. Discussions are currently taking place between United Nations Development Programme (UNDP) and the Office of the President to establish a National Human Rights Commission.

Gambia’s civil society and human rights community are weak. Significant institutions such as the GBA and the GPU, though once vibrant, have been undermined by threats and the flight of their personnel. Lawyers in general have become increasingly reluctant to take on sensitive cases due to the threat that this might pose to themselves and their families. This leaves few options for those pursuing human rights cases.

On several occasions the government has failed to comply with the timely execution of court orders, which is a critical aspect of the separation of powers and the proper administration of justice. In Gambia the government ignored a court order from the High Court demanding that Kanyie Kanyiba and Ousman “Rambo” Jatta be released. In the case of journalist Chief Ebrima Manneh, the judgment handed down by the ECOWAS CCJ in June 2008, to release the journalist from detention has not yet been complied with. Other evidence of a threat to the independence of the judiciary is the unconstitutional removal of three High Court judges that took place in 2008. These examples demonstrate an overall threat to the independence of the judiciary, and disrespect for the rule of law and for the overall administration of justice.

The GPU has been particularly hard hit over the past few years. The Independent newspaper has closed, another is on the verge of closure and, since 1994 at least 27 journalists have fled the country to find safety abroad. The GPU does, however, play a critically important role, and has provided much needed assistance with fines, which has enabled journalists to avoid prison sentences. More funds are needed to ensure that the work of this wounded institution can continue.

PART 2: CONCLUSION AND RECOMMENDATIONS

CONCLUSION

Unlawful arrests and detentions take place routinely in Gambia. Individuals are rarely informed of the reason for their arrest. They are often kept in detention without charge longer than the 72 hours specified by Gambian law and rarely have access to a lawyer. Once in the custody of the government, detainees seem to fall beyond the protection of the law and are routinely subjected to further human rights violations, such as unlawful detention, torture, extra-judicial execution, unfair trials or enforced disappearance. Avoiding arrest has become a constant preoccupation for the entire population and it affects every aspect of Gambian life, generating fear and mistrust among the population. 

The arbitrary nature with which unlawful arrest and detention are carried out leave very few Gambians free from the risk of becoming victims of human rights violations. The deterioration in the human rights situation after the March 2006 foiled coup plot demonstrated that all Gambians are at risk and may be subject to unlawful arrest and detention. Those at risk include real and perceived opponents, people who were close allies of the government before their arrest, as well as government employees, military people, security people, opposition leaders, human rights defenders, journalists, and lawyers.

In Gambia today, fear rules, and arbitrary arrests, detentions and human rights violations translate into a culture of silence. All public protests have ceased. Self-censorship of the media is the rule rather than the exception, and individuals remain silent when their human rights are violated. 

Family members are reluctant to speak out if someone disappears, and they rarely seek legal services or challenge the government through the courts. Human rights organizations are silent, and judges’ efforts to exercise their independence are met with sackings. The judiciary has lost its independence and its ability to serve the Gambian citizens. Fearful of reprisal against themselves and their families, lawyers are increasingly reluctant to take on sensitive cases, leaving few options for Gambians wishing to exercise their rights. 

RECOMMENDATIONS

TO THE GOVERNMENT OF GAMBIA

Amnesty International urges the government to take on a 15-point program:

Comply with the order handed down by the ECOWAS Community Court of Justice in June 2008 to release Chief Ebrima Manneh from unlawful detention without further delay and pay US$100,00 in damages.

Release all those currently being unlawfully detained or charge them with a recognizable criminal offence, including all prisoners of conscience and victims of enforced disappearance.

Publically condemn all human rights violations against journalists, perceived opponents and opposition politicians, and ensure that all human rights violations are fully investigated. Immediately instruct all the police, army and the NIA to cease committing human rights violations.

Investigate all cases and allegations of torture and ill treatment, unlawful arrest and detention, extra-judicial executions, enforced disappearance, and bring to justice suspected perpetrators in line with international standards of fair trial and without recourse to the death penalty.

Organize full reparation, including compensation, restitution, rehabilitation, satisfaction and guarantees of non-repetition for the victims of torture and ill treatment, unlawful arrest and detention, extrajudicial executions, and enforced disappearances.

Improve the conditions of detention in Mile 2 state central prison and all other official places of detention and ensure that prisoners and detainees have access to medical care, adequate and appropriate food, hygiene, and exercise.

Repeal or amend all national legislation that is incompatible with international human rights treaties, including the ICCPR and the African Charter to which Gambia is a state party. In particular, the government must amend or repeal repressive provisions of the Indemnity Act 2001 and the Criminal Code Amendment Act 2004 to extend the definition of libel.

Ratify the International Convention for Protection of All Persons From Enforced Disappearance and other international instruments that Gambia is not yet a party to.

Ensure and respect the independence and impartiality of the judiciary as the cornerstone of a state committed to upholding its human rights obligations. Measures should be put in place to ensure that the independence of the judiciary is safeguarded in line with the UN Basic Principles on the Independence of the Judiciary.

Ensure that all judicial appointments are subject to all constitutional procedures, and oblige the executive to comply with decisions of the Judicial Service Commission. 

Ensure that all Gambians, including journalists, opposition leaders and human rights defenders, have equal access to the protection of the law and that judicial investigations and proceedings against them are conducted in accordance with international law and standards for fair trial.

Fully cooperate with the UN-ECOWAS joint investigation into the killing of 50 migrants, including 44 Ghanaians, to ensure that investigations can be carried out promptly and without interference to ensure that suspected perpetrators are brought to justice. 

Expedite the development of a National Human Rights Commission that is based on the Paris Principles and is allowed to function in an effective and independent manner.

Expand the Ombudsman’s powers to include investigations of human rights violations and provide this office with the independence and resources to carry out its mandate.

Issue invitations to the following: the UN Special Rapporteurs on torture and other cruel, inhuman or degrading treatment or punishment, the promotion and protection of the right to freedom of opinion and expression, the independence of judges and lawyers, and on the situation of human rights defenders; the African Commission on Human and People’s Rights Special Rapporteur on Human Rights Defenders.

TO THE INTERNATIONAL COMMUNITY 

ECOWAS and the African Union 

Publicly condemn instances of human rights violations, including arbitrary arrests, torture, extra-judicial executions and enforced disappearances, which come to their attention, and address such concerns to Gambian authorities.

Discuss the human rights situation in Gambia at the next Council of Heads of State and consider how to enforce the ECOWAS Community Court of Justice judgment on Chief Ebrima Manneh against the Gambian government. 

Prioritize the investigation into the killing of the 50 migrants, including the 44 Ghanaians; ensure findings are made public and advocate to ensure that perpetrators are brought to justice. 

TO THE INTERNATIONAL DONOR COMMUNITY

Substantially increase funding for civil society and non-governmental human rights organizations, especially the Gambia Bar Association.

Strongly encourage the government of Gambia to comply with the ruling handed down in the ECOWAS CCJ to release Chief Ebrima Manneh.

Support the establishment of a joint ECOWAS-AU Independent Commission of Inquiry into suspected cases of enforced disappearance and extrajudicial executions.

APPENDIX 1

SELECTED RELEVANT PROVISIONS OF THE GAMBIAN CONSTITUTION

Chapter IV: Protection of fundamental rights and freedoms

18. Protection of the right to life

(1) No person shall be deprived of his or her life intentionally, except in the execution of a sentence of death imposed by a court of competent jurisdiction in respect of a criminal offence for which the penalty is death under the laws of The Gambia, as they have effect in accordance with subsection (2), and of which he or she has been lawfully convicted.

19. Protection of the right to personal liberty 

 (1) Every person shall have the right to liberty and security of the person. No one shall be subject to arbitrary arrest or detention. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as established by law.

(2) Any person who is arrested or detained shall be informed as soon as is reasonably practicable and in any case within three hours, in a language he or she understands, of the reasons for his or her arrest or detention and of his or her right to consult a legal practitioner.

(3) Any person who is arrested or detained –

(a) for the purpose of bringing him or her before a court in execution of the order of a court; 

(b) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the laws of The Gambia, and who is not released, shall be brought without undue delay before a court and, in any event, within seventy-two hours.

(4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his or her having committed or being about to commit an offence, he or she shall not thereafter be further held in custody in connection with those proceedings or that offence save upon the order of a court.

(5) Any person arrested or detained as mentioned in subsection (3)(b) is not tried within a reasonable time, then without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including, in particular, such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or proceedings preliminary to trial.

(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person or from any other person or authority on whose behalf that other person was acting.

21. Protection from inhuman treatment

No person shall be subject to torture or inhuman or degrading punishment or other treatment.

24. Provisions to secure protection of the law and fair play

(1) Any court or other adjudicating authority established by law for the determination of any criminal trial or matter, or for the determination of the existence or extent of any civil right or obligation, shall be independent and impartial; and

(a) if any person is charged with a criminal offence, then, unless the charge is withdrawn; or

(b) where proceedings are commenced for the determination or the existence of any civil right or obligation, the case shall be afforded a fair hearing within a reasonable time.

(3) Every person who is charged with a criminal offence –

(a) shall be presumed innocent until he or she is proved, or has pleaded, guilty;

(b) shall be informed at the time he or she is charged, in a language which he or she understands and in detail, of the nature of the offence charged;

(c) shall be given adequate time and facilities for the preparation of his or her defence;

(d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice;

Provided that where a person is charged with an offence, which carries a punishment of death or imprisonment for life, that person shall be entitled to legal aid at the expense of the state;

(e) shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

(f) shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge; and, except with his or her own consent, the trial shall not take place in his or her absence unless he or she so conducts himself or herself as to render the continuance of the proceedings in his or her presence impractical and the court has ordered him or her to be removed and the trial to proceed in his or her absence.

(7) No person shall be tried for a criminal offence if he or she shows he or she has been pardoned for that offence.

(8) No person charged with a criminal offence shall be compelled to give evidence at the trial.

(9) A person charged with a criminal offence in the High Court shall have the right to elect to be tried by a jury.

25. Freedom of speech, conscience, assembly, association and movement

(1) Every person shall have the right to –

(a) freedom of speech and expression, which include freedom of the press and other media;

(b) freedom of thought, conscience and belief, which shall include academic freedom;

(c) freedom to practice any religion and to manifest such practice;

(d) freedom to assemble and demonstrate peaceably and without arms;

(e) freedom of association, which shall include freedom to form and join associations and unions, including political parties and trade unions;

(f) freedom to petition the executive for redress of grievances and to resort to the courts for the protection of his or her rights.

(2) Every person lawfully within The Gambia shall have the right to move freely throughout The Gambia, to choose his or her own place of residence within The Gambia, and to leave The Gambia.

(3) Every citizen of The Gambia shall have the right to return to The Gambia.

(4) The freedoms referred to in subsections (1) and (2) shall be exercised subject to the law of The Gambia in so far as that law imposes reasonable restrictions on the exercise of the rights and freedoms thereby conferred, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of The Gambia, national security, public order, decency or morality, or in relation to contempt of court.

APPENDIX 2

CASES OF HUMAN RIGHTS VIOLATIONS IN GAMBIA

Chapter 1 Unlawful arrest and unlawful detention

Other cases of unlawful detention include Marcia Jammeh, Harunna Jammeh and Jisacha Kujabi. Both Marcia and Harunna Jammeh are related to the President. Jisacha Kujabi was originally arrested in 2004, released without charge and then rearrested with Marcia and Harunna Jammeh in 2005. Jisacha Kujabi is alleged to have been involved in the killing of a Nigerian man close to the President. Haruna Jammeh is alleged to be linked to the murder in 2005 of 50 foreign migrants, including 44 Ghanaians. It is alleged that Marcia Jammeh was arrested because of a land dispute with the President. No one has heard from any of them since their arrest, and the government denies that these men are in their custody. Family members of all three men believe that they have been killed.

In April 2006 Momodou Lamin Nyassi and Ndongo M’boob were arrested by members of the NIA in their home village of Bwiam, an area close to the President’s village in Kanilai. Although staunch supporters of the ruling APRC party, they attempted to run on an independent ticket in the 1996 parliamentary elections, challenging the incumbent National Assembly member from Foni Kansala. This almost allowed an opposition politician to gain the seat. Following the case, it was reported to Amnesty International by journalists that their arrest and prolonged detention was linked to the defiance they showed in this election. Family members have not seen them since their arrest, however they have made efforts to make their concerns known to the police. The police have denied that the men are in their custody.

Chapter 2 Enforced disappearances

In March 2008 Ebou Jarju, a presidential cook, was arrested in Darsilami, Kombo East Western region. Upon his arrest, his family was evicted from the State House where they had been living and were sent back to their village. No member of his family has been able to see him since his arrest, and they cannot confirm his exact location, though they believe he is either in Mile 2 or in police detention.

Abdoulie Njie, is an Islamic scholar who was arrested in late March 2006. He has never been charged and the reason for his arrest or detention is unclear.

Sgt Sam Kambai of the Gambia National Army (GNA), who was arrested in 2006, has been in detention for two years without charge. It is alleged that he was supplying military equipment to insurgents from the Casamance region.

Corporal Ebrima Joof, of the GNA, was arrested in July 2007 and has not been seen since. The reason for his arrest and subsequent detention is unclear. 

In 2004 Gambian police invited Alfusainey Jammeh, a prison officer and native of Kanilai where the President lives, to the police headquarters. His family has not seen him since then.

Chapter 3 Torture and ill treatment in detention 

Since March 2006 at least two people have died soon after their release from detention; Amnesty International suspects that their deaths were linked to poor conditions of detention, the ill-treatment and torture while they were detained. 

Col Vincent Jatta was unlawfully detained in connection with the March 2006 coup plot. A Gambian journalist who spoke to him upon his release from detention in June 2006 told Amnesty International that Jatta had told him he had been severely beaten and deprived of food on a regular basis throughout his detention. Jatta said that he felt that his health had deteriorated dramatically. Family members noted a significant decline in his health upon being released from detention. Observers believe that he never fully recovered from the treatment he suffered in detention, and that his death in June 2008 was linked to this treatment.

Lamin Sanneh, former Permanent Secretary of Works and Infrastructure, was arrested in 2007 following a trip to Senegal, for allegedly giving classified state information to the Senegalese government. Lamin Sanneh was detained for five months incommunicado, allegedly tortured by the army and presidential protection officers at Mile 2 prison to obtain a confession, and suffered a fractured spinal cord. He appeared before a court in 2007 and testified about his poor health and the treatment he had received in detention. He was released in 2007 and died shortly afterwards. A post mortem was never carried out to determine the cause of death, however journalists and family members believe his death was linked to the torture and ill treatment he received in detention.  

Chapter 6 Human rights violations committed against journalists and the attack on freedom of expression

Journalists as targets of unlawful arrests, detention and torture 

On 18 September 2006 Dodou Sanneh, a reporter with GRTS was arrested for allegedly covering the main opposition United Democratic Party (UDP) campaign rallies. He was held by the NIA for several days at an undisclosed location, without access to a lawyer. Sanneh, whose coverage was officially endorsed by the national electoral commission, was fired from his job and then reinstated on 21 September. On 20 November 2006 he was fired again without explanation, and was banned from the GRTS building in Kanifing. Consequently, Sanneh was prohibited from attending a meeting of journalists at GRTS in 2008. 

Other related cases include Malik Jones, a reporter for the government-owned GRTS, and Mam Sait Ceesay, former assistant press secretary of the State House and former editor—in-chief of the government-owned Daily Observer, who were both arrested on 8 September 2007 for allegedly passing on harmful information to foreign journalists. They were both detained for more than two weeks before being released on bail. Neither man was ever charged. Jones returned to his job after his release on 22 September, only to be rearrested on 4 April 2008 by a plain-clothes policeman. He was released the next day. Jones was then arrested again on 6 April and released on bail on 7 April. Later he was charged with common assault and breach of the peace, but failed to appear in court. He is believed to have left the country. Ceesay was later charged with publishing “false” information. He was acquitted and discharged due to the lack of evidence against him.

The Daily Express again came under attack when Sam Obi and Abdulgafari Oladimeji, publisher and sports editor of the Daily Express, were unlawfully arrested and detained for publishing articles that the government was unhappy with. They were released on 18 July 2008 without charge.

Articles in newspapers that are deemed offensive to the government, or which are seen to favour the opposition, sometimes result in journalists becoming victims of violent attacks. In December 2006 Nigerian news editor Baron Eloagu (alias) and journalist Abdulgafari Oladimeji, both of the Daily Express, were on separate occasions violently attacked by unknown assailants for allegedly writing “stupid things about the Gambia”.

Fleeing into exile after intimidation and threats

Omar Bah, news editor of the government-owned Daily Observer and Secretary General of the Gambia Press Union, was declared a “wanted man” after the government discovered he was the Banjul bureau chief of the Freedom Newspaper. He fled into exile on 29 May 2006 and has been granted asylum in the United States.

On 31 July 2007, Momodou Lamin Jaiteh, Banjul correspondent on the Pan-African News Agency and the Media Foundation of West Africa (MFWA), went into hiding on 31 July 2007 after receiving threatening telephone calls and a visit to his house by plain-clothes security agents. He was pursued for giving information to the MFWA about the continued illegal detention without trial of Chief Ebrima Manneh.

On 1 July 2008 Momodu Justice Darboe, a reporter of The Point newspaper, was violently attacked just outside his compound late at night. A stranger was following Darboe to his compound when he jumped on Darboe’s back and started beating him. Darboe yelled out and the man ran away. The next day Darboe reported the matter to the police but they did not take it up and he was not asked to make an official statement. He believes that the attackers were members of the NIA and that the attack was linked to the fact that the government suspects him of sending news stories to online newspapers and other international media. When the police did not take the matter seriously, he felt concerned about his safety and went into hiding.

Pa Ousman Darboe of the government-owned Daily Observer left Gambia on 4 November 2007. After serving as principal witness and testifying in Chief Ebrima Manneh’s case on 27 November 2007 at the ECOWAS Community Court of Justice in Abuja, he was warned by colleagues back in Gambia that, if he returned, his life would be at risk there. He was later granted asylum in the United States.

Amnesty International has grounds to believe that the government closely monitors the activities of Gambian and foreign journalists who are outside the country. On several occasions journalists deemed to be critical of Gambia or the President have been detained and arrested as soon as they re-entered the country. On 11 March 2006, Gambian journalist

Sheriff Bojang Jr was arrested upon entering Banjul airport. Bojang’s arrest and interrogation were connected with his authorship of numerous articles that were critical of the government and of President Yahya Jammeh. As well as being questioned about his relationship with a British diplomat who was declared persona non grata by the Gambian authorities in 2001 for attending an opposition rally, Bojang was asked about protests he had been involved in while studying in the UK, where he believed he was being followed by the NIA. All his travel documents were seized and he was asked to return for further interrogation the next day. Fearing persecution, he fled into exile and has been in hiding ever since.

A Sierra Leonean journalist, who had refugee status in Gambia, was arrested on 3 June 2006 at the Gambian-Senegalese border on his return from Guinea, where he had given an interview to The Democrat News on the erosion of press freedom in Gambia. He was detained overnight and then brought to the NIA in Banjul for questioning. At the NIA headquarters he was warned against investigating Gambian affairs and then taken to the back of the NIA headquarters where he met three masked men. He was threatened and beaten, then collapsed and fell unconscious and lost one of his teeth. He was released three days later and was warned to stop writing and to throw away his pen, otherwise he would be deported. Several months later, on 17 October 2006, three plain-clothes men, who did not identify themselves but were believed to have been from the NIA, physically attacked the Sierra Leonean journalist in a suburb of Banjul. After the attack, Bah went to the UNHCR in Banjul to report the incident. After one month the UNHCR advised him  to leave the country as they said they were in no position to protect him. He and his family went into hiding on 19 January 2007.

End of 2008 Report on The Gambia

 

 

 

 

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