Amnesty International
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Introduction
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The Day of Action (DOA) is an annual campaign held on 22 July to raise human rights concerns in Gambia.
July 22 is referred to as ‘Freedom Day’ by Gambian President Yahya Jammeh to celebrate the day he took power in a military coup in 1994, and ‘liberated’ the Gambian people.
Journalist Deida Hydara: Murdered in cold blood
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Amnesty International and its partners use this date to highlight the lack of freedom in The Gambia, unlawful arrests, disappearances, torture, unfair trials of journalists, and harassment of human rights defenders and perceived opponents of President Jammeh’s government.
Presently in The Gambia, there is no real opposition, no strong civil society organisations, only one opposition newspaper (Foroyya) and one pressure group (Gambia Press Union). There is very little international attention on the country. Through press conferences and demonstrations in strategically chosen countries, the DOA seeks to raise awareness around continued human rights violations in Gambia with the Gambian authorities, regional actors, and the international community.
TheDOA will also make recommendations to the Gambian government for the implementation of the UN Universal Periodic Review (UPR) recommendations, the African Commission of Human and Peoples Rights (ACHPR) resolutions, and the decisions from the ECOWAS Community Court of Justice on Gambia.
Goal and Objectives of the Campaign: “The Gambia: Fear Rules”
The Gambian government must show increased respect for the rule of law.
Objective 1
1.1. The Gambia government must comply with its International Human Rights obligations.
1.2. There will be reduced levels of unlawful arrests, unlawful detentions, enforced disappearances, torture in detention and extrajudicial executions.
1.3. The government will take measures to uphold freedom of expression and the media.
Objective 2
The International Community will raise more human rights concerns with the Gambian government.
For the purpose of the DOA activities this objective will be further broken into the following sub-objectives:
2.1. The DOA will highlight human rights concerns in Gambia to influential international and regional actors.
2.2. The DOA will provide Gambians in the Diaspora an opportunity to form a strong, international network of activists that can respond to human rights violations in the Gambia;
2.3. African regional systems will prioritise Gambia’s deplorable human rights record;
IGOs (especially the UN) will prioritise the need to guarantee the protection of human rights in Gambia, before the next election in 2011 (using on-line action).
Strategy
The DOA will use a combination of media, online activism, lobbying and demonstrations to achieve the campaign objectives. Campaign materials will be produced to support the DOA activities, including a public statement, background briefing paper, campaign digest (online), information sheet, placards and t-shirts.While the strategy focuses on a wide range of cross-cutting issues, three cases of individuals that have experienced human rights violations in The Gambia, will be used to draw attention to the situation.
Slogan and key messages:
Our overall slogan for this year is: “Stop the Rule of Fear”
The key messages will be:
1 Stop enforced disappearances;
2 Stop arbitrary arrests;
3 Stop unfair trials, and
4 Stop torture.
Countries and Institutions of Influence:
Demonstrations, lobbying and press conferences will be held in 14 countries and 19 cities. These include: (1)New York, Washington DC, Seattle (USA); (2)London, Glasgow (UK); (3)Stockholm (Sweden); (4)Den Haag (Netherlands); (5)Dakar (Senegal), (6) Lagos, Abuja, Port Harcourt (Nigeria); (7)Accra (Ghana); (8)Cotonou (Benin); (9) Lome (Togo); (10)Burkina (Burkina Faso); (11)Bamako (Mali); (12)Abidjan (Cote d’ Ivoire); (13) Freetown (Sierra Leone);and (14)Monrovia (Liberia).
Campaign recommendations:
We urge the Gambian government to:
- Immediately and unconditionally release Chief Ebrima Manneh, Edwin Nabolisa Nwakaema and Femi Peters, as they are prisoners of conscience, detained solely on account of their legitimate exercise of freedom of expression;
- Implement the ECOWAS judgement on Chief Ebrima Manneh’s case;
- Stop human rights violations and comply with the Constitution of The Gambia and the country’s international obligations under the African Charter regarding to the right to liberty, freedom from torture, right to fair trial, freedom of expression and association;
- End incommunicado detention and enforced disappearances, and ensure that security personnel who engage in these practices are brought to justice in fair trials;
- Grant access to all prisoners;;
- Establish an independent and international commission of inquiry to investigate the whereabouts and fate of victims of enforced disappearance and ensure that those responsible for these human rights violations are brought to justice in fair trials and
- Establish an adequately resourced independent human rights commission.
DOA Online:
The web component of the campaign has been designed to generate and sustain online activism. You can view the pages atwww.amnesty.org/en/stop-rule-fear-gambia and http://www.amnestyusa.org/gambia.
The West Africa team will have the public statement available and pictures of last year’s demonstrations on the home page.
Web feature/dedicated page: the campaign will have a dedicated page that will have a summary of the campaign, the campaign digest, the on-line petition, a background paper and a Facebook page, with links to videos, pictures, reports etc.
Livewire: There will be a livewire component that will display the pictures and blogs of activities from each city, available at www.amnesty.org.
5.3.4. Web action/petition: The Campaign has developed an email petition in order to collect as many signatures as much as possible. The results will be presented widely, to put pressure on actors such as regional and EU bodies to ensure a better human rights protection mechanism before the next election.
5.3.5. Phone Blog: The Campaign wants sections and partners to send phone blog updates while the various activities are going on.
Post DOA Recommended Action for members
Letter Writing
See Campaign Digest
Online Petition:
You are encouraged to sign and publicised the online petition:
You should encourage Africans, Africans in Diaspora, and members of African organisations and NGOs to take online action.
Take online action at:www.amnesty.org/en/stop-rule-fear-gambia and http://www.amnestyusa.org/gambia
Please liaise with Ayodele Ameen (campaigner) at aameen@amnesty.org, +44 207 413 5749 for information on online and other action.
Appendix 1: Amnesty International’s previous work on the Gambia:
Amnesty International started the Gambia campaign in November, 2008. Amnesty Internationals first report Gambia: Fear Rules was launched on November 11, 2008. Since the launch of the report and campaign on the Gambia, Amnesty International has done the following:
1 Lobbied and achieved a ACHPR resolution on the Gambia (November 2008)
2 Lobbied ECOWAS and Nigeria Government on Gambia human rights concerns (July 2009)
3 Issued a Press statement on the threat against Human rights defenders by the Gambian President (September, November, 2009)
4 Campaigned on the cases of six Gambian Journalists and trade unionists (in collaboration with IFJ/TUC globally and NUJ/TUC in UK) until they were pardoned (September, 2009)
5 Campaigned on the witchcraft persecution (March, 2009)
6 Campaigned for the release of the opposition leader (March, 2009)
7 Organised a Day of Action in 12 countries (22 July 2009)
8 Raised Gambia media concerns during the ECOWAS Media and Conflict summit (February, 2010)
9 Participated in the Gambia UPR (February, 2010)
10 Raised concerns about the detention of a HRD (March, 2010)
12 Issued letter to the president on the recent wave of arrests and the treason trial (March, 2010)
13 Prepared oral submission for Gambia UPR
Appendix 2: Amnesty International Publications on the Gambia
Chief Ebrima Manneh: Dead or alive?
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· http://www.amnesty.org/en/library/asset/AFR27/003/2008/en/30a2b452-ac16-11dd-82c3-e1668308520f/afr270032008en.pdf
· http://www.amnesty.org/en/news-and-updates/gambian-detainees-must-be-charged-or-released-2010-03-15
· http://www.amnesty.org/en/library/asset/AFR27/002/2010/en/6bda86b3-8251-4cb1-8e3c-6a944398243f/afr270022010en.pdf
· http://www.amnesty.org/en/library/asset/AFR27/001/2010/en/b92668cf-d65e-4b86-923d-f0b4923f46f2/afr270012010en.pdf
· http://www.amnesty.org/en/library/asset/AFR27/008/2009/en/d12bdfe0-a917-41d2-916b-016371741855/afr270082009en.pdf
· http://www.amnesty.org/en/news-and-updates/news/deplorable-death-threats-gambias-president-20090925
· http://www.amnesty.org/en/news-and-updates/news/six-gambian-journalists-released-20090904
· http://www.amnesty.org/en/library/asset/AFR27/004/2009/en/9a10f4e5-cefd-44f5-82dd-c13e4fd089be/afr270042009eng.pdf
· http://www.amnesty.org/en/news-and-updates/news/gambia-releases-opposition-leader-20090323
· http://www.amnesty.org/en/news-and-updates/news/hundreds-accused-witchcraft-persecuted-gambia-20090318
· http://www.amnesty.org/en/for-media/press-releases/gambia-government-must-stop-repression-20081111
Appendix 3:Model Letter:
Your Excellency,
I am writing to express my concern about the human rights situation in the Gambia, specifically on the continuing detention of human rights defenders Chief Ebrima Manneh, Edwin Nabolisa Nwakaema and Femi Peters. I wish to urge you to urgently resolve these and other similar cases.
Amnesty international believes that Ebrima Manneh, Edwin Nabolisa Nwakaema and Femi Peters are prisoners of conscience and that they should be released immediately and unconditionally.
We thus urge you to:
- Immediately and unconditionally release Chief Ebrima Manneh, Edwin Nabolisa Nwakaema and Femi Peters who are prisoners of conscience detained solely for the peaceful exercise of their freedom of expression;
- Implement the ECOWAS Court judgement which ordered the government to release and pay damages to Chief Ebrima Manneh, following his enforced disappearance;
- Stop human rights violations and publicly acknowledge the important role played by human rights defenders;
- Comply fully with the Constitution of The Gambia and the country’s international obligations under the African Charter relating to the right to liberty, right to a fair trial, freedom from torture, freedom of expression and association;
- End incommunicado detention and enforced disappearances, and ensure that security personnel who engage in these practices are brought to justice in fair trials;
- Allow doctors, lawyers and relatives of detainees access to prisons and other places of detention;
- Establish an independent and international commission of inquiry to investigate the whereabouts and fate of victims of enforced disappearance and ensure that those responsible for these human rights violations are brought to justice in fair trials;
- Establish an adequately resourced independent human rights commission.
Yours sincerely,
Name:
Country:
Appendix 4
AMNESTY INTERNATIONAL
PUBLIC STATEMENT
AI Index: AFR 27/005/2010
22 July 2010
“Freedom Day” in The Gambia is a travesty
As Gambia celebrates its national holiday today, called “Freedom Day” by President Yahya Jammeh, hundreds of activists representing over eighty seven non-governmental organisations participated in protests and other activities in fourteen countries. On this “Day of Action,” activists in 14 different countries worldwide will draw attention to the appalling human rights record of President Yahya Jammeh’s government in The Gambia.
Naming Gambia’s national holiday ‘Freedom Day’ is a shameful travesty: President Yahya Jammeh’s government has cracked down on political freedom and commits widespread human rights violations with total impunity. Freedom remains an illusion for most Gambians, who live in fear of arbitrary arrest, torture, incommunicado detention, unfair trials, rape, disappearance, and extra-judicial executions.
Unfair trials and prison conditions
Hundreds were incarcerated and held incommunicado in appalling conditions after waves of arrests in November of 2009 and in March 2010. Only eight have been tried, in a so-called treason trial where they are accused of fomenting a coup. The eight men were accused of procuring arms, equipment, and mercenaries to stage a coup against President Yahya Jammeh’s government. Judge Emmanuel Amadi found them guilty of treason and sentenced them all to death last week.
The trial violated a host of international fair trial standards. Detainees had little or no access to their lawyers or even their families. Sources indicate that the accused have been tortured, while others were pressured to provide false testimony at the trial, under threat of imprisonment and torture. The government persecuted those who refused to give false testimony, allegedly going to far as to make death threats.
Conditions in Gambian prisons, especially in Mile 2 Central Prison and other secret detention centres, military barracks, secret quarters in police stations, police stations in remote areas, and warehouses are appalling. They amount to a violation of the right not to be subjected to inhuman and degrading treatment and punishment.
Arbitrary detentions
Gambia’s human rights situation deteriorated after 1994, when Lieutenant Yahya Jammeh came to power and banned all political parties or political activities. Since March 2006, when President Jammeh claimed to have uncovered an attempted coup plot, the situation has gotten steadily worse.
Members of the President’s own personal protection guard – who are under his direct control – carry out the most egregious abuses, as do certain units in the National Intelligence Agency (NIA) often referred to as green boys, ninjas, or drug boys. However, the army and police also commit serious human rights violations.
The security services routinely detain people without charge (during which time they are often tortured or ill-treated), or unlawfully imprisons them after unfair trials. Several individuals are known to have disappeared, died in custody, or died shortly after release – and unconfirmed allegations of additional deaths have been impossible to corroborate due to the government’s refusal to provide any information on their cases.
Journalists at serious risk
Freedom of expression is severely limited: journalists are arbitrarily arrested if suspected of leaking critical information or writing stories unfavourable to the authorities. Newspapers have been closed down or had their websites hacked into. Journalists and members of the opposition are harassed, threatened, and unlawfully killed.
Two cases involving Gambian journalists have been brought to the attention of the ECOWAS Community Court of Justice since 2006. One case concernsDaily Observerjournalist Chief Ebrima Manneh – a victim of enforced disappearance for three years despite the Court’s ruling that he be released and damages be paid to his family.
In another case, former editor ofTheIndependentnewspaper Musa Saidykhan alleges he was tortured by the NIA in 2006. Moreover, the 2004 murder of Deydra Hydara, former editor ofThe Point newspaper, who was allegedly killed by government operatives, has never been solved. Since 1994, at least 27 journalists have left The Gambia in fear for their lives.
President YahyaJammeh has also expelled the Unicef envoy, threatened to kill human rights defenders, warned that he will cut off the heads of all gays in Gambia, and announced that he will start executing those sentenced to death in order to counter rising crime.
Witch hunts
In March 2009, a state-sponsored witch-hunt led to approximately 1,000 people being snatched from their villages and taken to secret detention centres by “witch hunters.”Amnesty International reported that after being kidnapped, they were forced to drink hallucinogenic concoctions in secret detention centres, and tortured to confess to witchcraft. The liquid they were forced to drink appeared to lead to kidney problems and to at least six deaths from kidney failure. A well-known opposition leader, Halifa Sallah, criticised the government’s ‘witchcraft’ accusationsinthe main opposition newspaper in Gambia. He was detained, charged with treason and held in Mile 2 Central Prison. After significant outside pressure, all charges were dropped and he was released.
Migrants at risk
Migrants and visitors are also subject to unlawful arrests, torture and ill-treatment by security forces. In July 2005 a group of 50 foreigners, including 44 Ghanaians, was reportedly killed by members of the Gambia security forces. A report carried out jointly by ECOWAS and the UN determined that rogue security forces were responsible. So far, the Gambian government has not taken any steps to bring the perpetrators to justice.
The death penalty
The death penalty is the ultimate violation of human rights. It violates the right to life and the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment. The Gambia has explicitly accepted obligations in regard to these rights in the international and regional human rights treaties which it has ratified, including the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and Peoples’ Rights and the Convention Against Torture (CAT).
Action
The undersigned civil society groups join together and call on The Gambia to:
· Stop human rights violations and comply with obligations under the African Charter with regard to the right to liberty, freedom from torture, right to fair trial, freedom of expression and of association;
· Take immediate measures to improve the human rights situation in the Gambia;
· End incommunicado detention and enforced disappearances, and ensure that security personnel who engage in these practices are brought to justice in fair trials;
· Investigate all allegations of torture and extrajudicial executions;
· Grant access to all prisoners;
· End the harassment and intimidation of independent media institutions;
· Stop politically motivated trials of people peacefully exercising their freedom of expression, association and assembly;
· Establish an independent and international commission of inquiry to investigate the whereabouts and fate of victims of enforced disappearance and ensure that those responsible for these human rights violations are brought to justice in fair trials;
· Establish an independent and international commission of inquiry to investigate the poisoning and killing of people suspected of being witches, and ensure that those responsible for these human rights violations are brought to justice in fair trials;
· Establish an adequately resourced independent human rights commission;
· Publicly acknowledge the importance and valuable work undertaken by human rights defenders;
· Ensure the rule of law and comply with court decisions, including determinations made by the ECOWAS court.
· To immediately establish a moratorium on executions with a view to abolishing the death penalty as provided by UN General Assembly resolution 62/149, adopted on 18 December 2007 and resolution 63/168 adopted on 18 December 2008;
· To commute without delay all death sentences to terms of imprisonment;
· To ensure rigorous compliance in all death penalty cases with international standards for fair trial
END/
Appendix 5: Fact Sheet
FACT SHEET
Gambia Day of Action
** This short briefing document must be read together with the report “Fear Rules”published by AI in 2008. The issues raised in the Fear Rules report remain current and relevant. The human rights situation in the Gambia has actually deteriorated. This must also be read together with the Public Statement “ ‘Freedom Day’ in The Gambia is a travesty” **
Gambian protesters; London
Recent events not covered in Fear Rules
Witch hunts
· In March 2009, around 1,000 people accused of being witches in Gambia were locked up in secret detention centres and forced to drink a dangerous hallucinogenic potion, beaten, and/or tortured. President Yahya Jammeh invited "witch doctors" - believed to be from neighbouring Guinea - following the death of his aunt. Jammeh is reported to believe that witchcraft was involved in her death. "Witch doctors" accompanied by police, soldiers and security forces visited villages and seized people accused of being witches by force and at gunpoint. Members of Jammeh's personal guard, known as "green boys," are also alleged to have taken part in the campaign. Accused “witches” were often forced to drink hallucinogenic potions and "dirty water" containing poisonous herbs, which caused instant diarrhoea and vomiting. A prominent opposition lawmaker, Halifa Sallah, was arrested after investigating the witchcraft claims for a newspaper. Reports surfaced that many women were also raped during their detention.
2 recent waves of arrests
· 2 waves of arrests, around November 2009 and March 2010. As a result, hundreds have been held for various periods of time, with some released and a handful being tried secretly or publicly. Some of those who appear to have been arrested but continue to languish in jail without charges include:
1. Essa Badjie (alias Jesus): Former Inspector General of Police
2. Major Kuluta Manneh: Major in the Gambia National Army (Army Headquarters);
3. Lieutenant Famara Jessey: Lieutenant based at the Army Headquarters;
4. Lieutenant Colonel Abdoulie Jatta of the Gambia National Guards;
5. Rear Admiral/Commander of the Navy Sarjo Fofana;
6. Sillahba Samateh: (businessman based in Banjul?);
7. Major General Yankuba Drammeh: former Deputy Chief of Defence Staff;
8. Wuyeh Sanneh: military officer
9. Ebrima Bun Sanneh: Ex-Director of the National Drug Enforcement Agency
10. Colonel Mam Matarr Secka: Commander Military Police
In addition to high-ranking civilian and military officials, an unknown number of other police and drug enforcement officers were detained. Family members are reported to have claimed that they have no access to their loved ones. The government has not admitted that they were arrested or detained. The Gambian Constitution stipulates that people should be charged within 72 hours of arrest. Amnesty International believes that those arrested should either be charged with a recognisable criminal offence or released.
Some recent releases
· Ex Minister Antouman Saho (former Minister of Fisheries, Water Resources and National Assembly matters) was arrested and detained – possibly one of the most prominent detainees. He was recently released after being held without charge for 3 months but cannot be reached for comments.
· Mr. Bakary Gassama, the incarcerated former Financial Director of National Intelligence Agency (NIA), who has been in detention since May 13th 2008, was released on Thursday 13, May, 2010, after spending exactly two years behind bars without being charged.
Secret court martial
· We received unconfirmed reports that at least four soldiers in the Gambia National army are being secretly tried in a court martial at Yundum army Barracks, first infantry battalion. The names of two are believed to be: private Alhagie Saidykhan and Corporal Mammat Nyang.
· It seems they are arraigned before a panel and the president of the court martial is Lt. Colonel Lamin Jammeh. The judge advocate is Justice Esther Otta of the court of appeal, a Nigerian judge.
· Saidykhan has been in detention for over a year now and Nyang was arrested some months ago.
· Both are being represented in court martial by army officers who have no legal training.
Miscellaneous
· Justice minister Edu Gomez recently denied human rights violations continue to occur in Gambia
· Human rights defender, Director of Programs at an NGO called Africa in Democracy and Good Governance, Mr. Edwin Nebolisa, was denied bail at the Banjul Magistrates’ Court on the 18th of May 2010 before Magistrate Abeke. Defence lawyer Mrs. Gaye told the court that the accused person’s state of health is getting worse every day. Magistrate Abeke refused the application for bail. It is believed that he was arrested because of his human rights work.
Treason trial
· On Thursday March 18, Gambia's Office of the Attorney General filed criminal charges for treason offences against ten people at the High Court of Justice in Banjul. The government accused a general, six other former security officers, and three civilians of smuggling guns and mercenaries into the country in 2009 as part of an allegedly drug-funded ‘Tobaski Coup plot.’ The treason trial comes after a wave of arrests and high-profile sackings rocked Gambia in October-November of 2009, and February-March 2010.
· Although Gambia's High Court finally charged ten alleged coup plotters, the number of citizens arrested and detained without charges remains unknown. A press release said to be from the Gambian Attorney General’s office, aired on the Gambia Radio and Television Services (GRTS), accused indicted army and intelligence officials of plotting to overthrow President Yahya Jammeh during March of 2009.
· According to the details of the charge sheet all ten men are facing counts of conspiracy to commit treason. Gambia maintains the death penalty in force, and an attempt to overthrow the government is a treasonable offense, which on conviction attracts either a death sentence or life imprisonment. Amnesty International condemns the death penalty and calls on the government not to apply it, in the event that those tried are found guilty.
· Amnesty International received information that the men on trial have been tortured.
· Amnesty International also received information that individuals close to the President were pressured to give false testimony against the accused, and were threatened with torture if they refused to perjure themselves. Some such individuals who refused to testify had to flee the country and are facing death threats now.
· Allegedly, Director of Public Prosecutions (DPP) Richard N. Chenge emphasized in court that the offences charged are capital offences, and argued that the accused could take their plea even in the absence of a defence counsel.
· Amnesty International demands that the government ensure the ten men charged and others arrested as alleged coup plotters are not subjected to torture or ill-treatment. Amnesty International reiterates its dismay at prison conditions in Mile Two Central Prison and other official detention facilities as well as in secret detention centres, including military barracks, secret quarters in police stations, police stations in remote areas and warehouses.
· Among the accused are:
1. former Chief of Defense Staff of the Gambian Armed Forces Lieutenant General Lang Tombong Tamba;
2. former Brigadier General Ndure Cham who was alleged to be a mastermind of the ostensible March 2006 abortive coup (still at large);
3. Brigadier General Omar Bun Mbaye;
4. former Acting NIA Director Colonel Lamin Bo Badjie;
5. former NIA agent and then deputy Gambian ambassador to Guinea Bissau Gibril Ngorr Secka;
6. former Kanilai Camp Commander Lieutenant Colonel Kawsu Camara, aka Bombardier, a close ally of Mr. Jammeh;
7. former deputy Inspector General of Police Modou Gaye;
8. and three civilians:
a. Abdoulie Joof aka Lie Joof;
b. Yousef Ezziden aka Rambo; and
c. Omar Camara (still at large).
· 51 fresh criminal charges have been levelled throughout the trial against Ex-IGP Badjie & Co ranging from “official corruption, abuse, receiving stolen properties, receiving money under false pretence and economic crime.
· Assan Martin, a leading Gambian Human rights lawyer, and others have publicly stated that they not convinced that the current coup suspects being paraded on treason charges in The Gambia are culpable of any crime—arguing that the accused have been framed.
· When the Banjul High Court Presiding judge Justice Emmanuel Amadi reportedly asked all the accused to take their plea, all pled not guilty. Only two of them have legal representatives. Lawyer Awa Sisay Sabally representing Mr. Yousef Ezziden was only able to see her client for the first time on the morning of the hearing, and Lawyer Sheriff M. Tambedou representing Mr. Abdoulie Joof told the Court that he was informed by the accused persons that they were only served with the indictment less than 24 hours before the hearing. Mr Tambedou said the accused persons could not have enough time to access their families to consult lawyers for them. Lieutenant General Lang Tombong Tamba claimed in court that since their detention they have had no access to their family or to lawyers. Amnesty International calls on the government to ensure fair trial, access to legal counsel, and access to family members in accordance with international legal norms.
The Gambia: Hundreds accused of “witchcraft” and poisoned in government campaign
18 March 2009
Where is Kanyiba Kanyi?
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Amnesty International today revealed that up to 1,000 people in The Gambia have been kidnapped from their villages by “witch doctors”, taken to secret detention centres and forced to drink hallucinogenic concoctions. The incidents are occurring in the context of a “witch- hunting campaign” that is spreading terror throughout the country.
Amnesty International called on The Gambian government to put an immediate stop to the campaign, investigate the incidents and bring those responsible to justice.
Eyewitnesses and victims told Amnesty International that the “witch doctors”, who they say are from neighbouring Guinea, are accompanied by police, army and national intelligence agents. They are also accompanied by "green boys" – Gambian President Yahya Jammeh’s personal protection guards.
According to information provided to Amnesty International by victims and their relatives, “witch doctors” have been visiting villages with armed security and taking villagers they accuse of being “witches” – many of them elderly – by force, sometimes at gunpoint. They are then taken to secret detention centres.
At the secret detentions centres, where some have been held for up to five days, they are forced to drink unknown substances that cause them to hallucinate and behave erratically. Many are then forced to confess to being a witch. In some cases, they are also severely beaten, almost to the point of death.
The liquid they are forced to drink has led many to have serious kidney problems. Two people are known to have died of kidney failure after having been subjected to the ordeal.
The most recent incident took place on the 9 March 2009 in Sintet village in the Foni Jarrol district, where up to 300 people were forced to go to the President’s farm in Kanilai. According to one eyewitness:
“At 5:00 am the paramilitary police armed with guns and shovels surrounded our village and threatened the villagers that anyone who tries to escape will be buried 6 feet under…Fear gripped the village…children were crying and traumatised. They randomly identified over 300 men and women who were forced at gunpoint into waiting buses and ferried to the President’s hometown. Once there, they were stripped and forced to drink ‘dirty water’ from herbs and were also bathed with these dirty herbs. A lot of these people who were forced to drink these poisonous herbs developed instant diarrhoea and vomiting whilst they lay helpless. I stayed there for five days. I experienced and witnessed such abuse and humiliation. I can not believe that this type of treatment is taking place in Gambia. It is from the dark ages.”
The incidents have taken place in the Foni Kansala district, an area near to President Jammeh’s farm of Kanilai. However, many people are telling Amnesty International that the “witch hunting” campaign will spread throughout the rest of the country. Hundreds of Gambians have already fled to the Casamance region in Senegal after their villages were attacked.
The witch-doctors were invited to The Gambia early in the year, soon after the death of President Jammeh’s aunt. The President reportedly believes that witchcraft was used in her death.
On 8 March, Halifa Sallah, a prominent opposition figure who has written for the main opposition newspaper, Foroyya, about the activities of the witch-doctors, was arrested at his home. He has since been charged with sedition and spying, and is currently in Mile II, the Central Prison in the Gambia. His next court date is set for 25 March. Amnesty International is concerned that he is at risk of being tortured or ill-treated and that his trial will be unfair.
Halifa Sallah is former member of the Pan African Parliament and minority leader of the National Assembly. He is Secretary General of the People’s Democratic Organization of Independence and Socialism and coordinator of the National Alliance for Democracy and Development. He stood as a presidential candidate in the Gambia in 2006.
Appendix 7. Country Information
Gambia is a country in West Africa with a population of 1.5million people, and it relies heavily on donor support and the income generated from the tourist industry to run the state.
Though Gambia is one the smallest countries in West Africa, it has massive records of human rights violations. Amnesty International in 2006 and 2007 did an extensive research and field visit to the Gambia and came out with a report See AI report ; Gambia Fear Rules (AFR27/003/2008) Gambia; Fear Rules in November, 2008. This was the first report, of recent, that documented extensively the human rights violations in the Gambia. This report was launched in Nigeria during the 44th session of African Commission on Human Peoples’ Rights in November 2008.During this session, AI was able to lobby for a resolution by the African Commission on the human rights situation in the Gambia. This was the first time that the commission adopted a resolution against the Gambia.
Gambia, which lies on the west coast of Africa, is one of the smallest countries on the continent, stretching from east to west, and following the route of the river Gambia. This narrow strip of land, with a population of approximately 1.5 million, is surrounded by Senegal. Its main sources of income are tourism and the export of peanuts. Gambia became independent in 1965 and the first republic was ruled by Dawda Jawara until he lost power in 1994 in a military coup led by Lieutenant Yahya AJJ Jammeh as head of the Armed Forces Provisional Ruling Council (AFPRC). In July 1994 Yahya AJJ Jammeh declared himself head of state and banned all political parties and political activities. Elections were held in 1996 and Yahya AJJ Jammeh was voted in as president. After the 1994 coup, the provisions of the 1970 Constitution relating to executive and legislative powers, were suspended and the AFPRC ruled by military decree, declaring itself above legal challenge. The new government established a Constitution Review Commission to update the 1970 Constitution. The new Constitution was approved by referendum in August 1996 and became law in January 1997. Under this Constitution, which is still in effect today, the President is head of state, head of the government, and Commander-in-Chief of the armed forces. Presidents are elected every five years and there is no limit to the number of terms a President can run.
Also in 2008, the ECOWAS Community Court of Justice ruled against the Gambia on the disappearance case of Chief Ebrima Manneh. This was the first time the court ruled against any state.
Apart from AI, other organisations have been publishing reports, public statements and doing campaigns on the Gambia. The media foundation for West Africa has picked up the case of press freedom in the Gambia, the commonwealth human rights initiatives has lobbied ECOWAS to deal with the case of 55 migrants , including 44 Ghanians and other nationals assassinated in the Gambia. Human rights watch issued press statements. The IBA published a report on the independence of the judiciary in 2006. Many Gambians journalists in exile have published different online materials.
The added value that AI is bringing to these different efforts is two fold: first to provide a platform to annex all these efforts together and turn it into a strategic campaign. Second is to ensure that the campaign is long term and sustainable.
The Gambian Constitution provides for a participatory democracy, the separation of powers and a National Assembly. Chapter IV of the Constitution provides for the protection of fundamental rights and freedoms including: the right to life, privacy and personal liberty; protection from slavery and forced labour; protection from torture and inhuman treatment; protection from deprivation of property; protection of the law and a fair trial; freedom of speech, conscience, assembly, association and movement; and protection from discrimination. Gambia has ratified most major international human rights treaties, including: the International Covenant on Civil and Political Rights (ICCPR) and its First Optional Protocol; the International Covenant on Economic, Social and Cultural Rights (ICESCR); the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW); the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); the Convention Against Torture, Cruel, Inhuman and Degrading Treatment or Conduct; and the United Nations Convention on the Rights of the Child (UNCRC). Gambia has also ratified the African Charter on Human and People’s Rights (African Charter); the Protocol to the African Charter on the Rights and Welfare of the Child; the Organization of African Unity (OAU) Convention on Specific Aspects of Refugee Problems; and the Protocol to the African Charter on Human and People’s Rights.