By Muhammed Lamin Touray, USA
Dear President Jammeh:
I write to ask for your urgent personal intervention in the matter of Mr. Kanyiba Kanyi who is my close relative and an indispensable friend. The Gambian security forces arrested Mr. Kanyi on September 18, 2006, from his home in Bonto Village. He has since been deprived of his God given rights as well as those guaranteed by the very Constitution that created your position (office of President), which you have publicly and under oath, pledged to protect without fear or favor, affection or ill will. Mr. Kanyiba Kanyi has now been detained incommunicado for more than eight months without being charged of any crime or offense, or brought before any court of law. He has also been continuously denied his constitutional right to be visited by a lawyer, family members, and friends while being detained. Moreover, on October 17, 2006, nearly a month after his arrest, Justice Monageng of the High Court in Banjul ordered Mr. Kanyi’s immediate and unconditional release from detention, and this order is yet to be obeyed by the security forces. I wonder why the police dare defy a court order without facing any consequences for disobedience? Under such a scenario, wouldn’t it be incorrect to categorize the current government of the Gambia a democracy? The basic idea behind the philosophy of democracy is the government by the people, and for the people, which is impossible to attain without adherence to due process as dictated by the rule of law.
Mr. President, Kanyi’s continuous detention without due process is strictly in contravention of the spirit and purpose of the Gambian Constitution and the very idea of statehood. The Gambian Constitution guarantees the fundamental rights of “Every person in The Gambia, whatever his or her race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status.” In the same vein, the Constitution demands that all arrestees or suspects be charged of a crime or offense and brought before a competent court of law within 72 hours of their arrest or be released immediately. The Constitution also demands that an impartial judge of jurisdiction promptly and fairly try all detainees and suspects. Furthermore, the Constitution guarantees the detainees’ right to be visited by their lawyers, friends, and family members, which is impossible when the arresters refuse to disclose arrestee’s location. Recently, Mr. Kanyi’s lawyer, Ousainou Darboe filed a writ of Habeas Corpus at the High Court in Banjul for him and another prisoner of conscience, Rambo Jatta, surprisingly and terrifyingly, the state counsel Emmanuel Fagbenle responded that “there is no body to produce” because the state does not have the duo in their custody.
Then, where are these wonderful youths, whose only crime is exercising their fundamental human rights of speech, association, and assembly? It is a fact that the Gambian security forces at his home arrested Kanyiba during the night of September 18, 2006. Unequivocally, the State lawyer acknowledged this fact during the October 2006 trial involving Mr. Kanyi, where the judge ordered his immediate and unconditional release.
Mr. President, I want to tell you a little about Kanyiba Kanyi. Kanyiba is an invaluable citizen of The Gambia, for he has totally and steadfastly dedicated his efforts in the crusade against poverty and ignorance in The Gambia. He has been a proud employee of the Christian Children Fund’s (CCF) affiliated project in Kombo East for more than a decade. The main goal of the project is to improve the well being of needy Gambian children and their families through programs and activities that are innovatively designed, implemented, and evaluated by Kanyiba and other employees of the project. His view of the world is not defined by individualism and self-enrichment, but total liberation of the Gambian people from the yoke of poverty and ignorance, which are potent impediments to development and advancement.
Since Kanyiba has not been charged with any crime, one can only speculate what crime or offence he could be accused of committing. However, according to eyewitness accounts, Kanyiba went to attend a meeting relating to his job at a village in Kombo East where an APRC political rally was coincidentally taking place. As Kanyiba passed by the meeting, one of the APRC officials, (who apparently had personal scores to settle with Kanyi), accused him of attempting to disrupt the political rally. Kanyiba did not even stop at the meeting; he went about his official function. News reports coming from The Gambia indicate that the former Secretary of State for Local Government ordered his arrest. During early hours of that night, while with his family, Kanyiba was picked up by plain-clothes security forces in a taxi; they refused to tell him or his family the reason for his arrest. Where in the world would someone be detained incommunicado for more than eight months for such a flimsy charge?
Yes, Kanyiba, like many other patriotic Gambians, is a supporter of the opposition United Democratic Party. Multi-party democracy is a by-product of our Constitution that you pledged to uphold. Multi-party democracy cannot function without many political parties with citizen supporters. It is therefore natural and necessary for citizens to form, support, and criticize political parties. Democracy would be a mere fantasy if the citizens’ participation and involvement were restricted in any manner or form. Kanyiba’s membership to the opposition United Democratic Party is not a lesser or inferior civic duty than supporting AFPRC political party. Therefore, Kanyiba’s support of a political party of his choice cannot be a crime in the Gambia.
Mr. Kanyi is the only breadwinner and the main provider to his family, including his parents and siblings, as well as the people of Kombo East. Mr. Kanyi’s continuous illegal detention is not only a nightmare and emotional pain to him, his immediate family, and friends, more sure his employer, who has spent enormous amount of resources to train him, and the impoverished Gambian children and families, who desperately need his services. For your information, Mr. Kanyi’s wife gave birth to a baby boy few weeks ago and he is yet to know it.
If for a moment, you put yourself, your family members, or your friend in Kanyiba shoes, you would quickly sense the excruciating pain and anger Kanyiba, his family, and his friends must be undergoing. Who would imagine that a democratically elected government in the 21st century would treat the citizens as enemy combatants during the time of peace? News reports have it that illegal detention and abduction of Gambians by the Gambia security forces is systemic, to the extent that almost every Gambian is directly or indirectly affected by these blatant illegal acts.
According to Amnesty International Report 2007, more than 70 civilians and members of the military, including prisoners of conscience, were or are unlawfully detained after an alleged coup attempt on March 21, 2006. Several journalists and editors were also unlawfully detained for many weeks and sometimes months without due process as prescribed by the Constitution of The Gambia. At least 12 detainees were reportedly tortured and five detainees, including your former Intelligent Chief, who allegedly escaped during prisoner relocation, may have been extra judicially executed, reports Amnesty International. So many other Gambians have disappeared during the past twelve years that you have been in power; so many are killed in broad day light (unarmed student demonstrators, November 11, 1994 alleged coup makers, Deyda Hydara, a journalist, and others). The perpetuators of these heinous crimes are never found or brought to justice. Your intelligence agents claimed to have foiled almost a dozen coup attempts during the past twelve years. Why can’t the same intelligence agents find the criminals killing our brightest?
I used to think that you were unaware of these blatant atrocities committed by the Gambians security forces against Gambian citizens, but after a careful study of the trend and your personal involvement in security matters, I have come to a definitive conclusion that you must be fully aware of these events. I am certain that Sir Edward Francis Small, and others like him, who sacrificed their lives in the fight for The Gambia’s self-rule and total independence from England, would be cringing in their graves given the grimy news emanating from The Gambia. As Head of State you are solely responsible for all the pain unjustly meted to Gambians by any Department or branch of your Government. On the Day of Judgment, you will be called upon by the Creator to account for your actions and those of your subordinates that had caused pain and suffering to the Gambian people.
Blatant violation of any provision of the Constitution by the very Government that is sworn to defend it is not only wrong and sinful, but also very dangerous. The void created by the absence of the Rule of Law is filled by chaos, anarchy, and unpredictability, which are fertile ingredients for social, economical, and political instability. A nation ruled by rogues is driven by arrogance and self-aggrandizement, while justice and prosperity drive a nation ruled by laws for all. The Gambian people want rule of law and prosperity for all. This is what they voted for last September and January.
I wonder what you gain by refusing to uphold the Constitution and other laws of the Gambia? I think, as Head of State and Government, it would be easier to uphold the Constitution than to violate its provisions for no justifiable reason. If there is any benefit, it must then be very much individualized and only for a short period of time. Surely the losses to the nation must be far greater than the benefits derived by you and your accomplisher. This is why countries ruled by bad men are seriously underdeveloped because the brightest and most patriotic citizens naturally tend to be critical of bad governments, which is an abomination in the eye of dictators and authoritarians. Instead of encouraging their utmost participation in national development, the brightest and the most patriotic are confined to prison walls or sometimes pay the ultimate price. What prevent you from tapping the Gambian intellectuals into national development efforts? Why your government cannot make sure that all the rights accorded to us by the Constitution are protected? Are we free from arbitral detention, disappearance, and killings? Does being president make anyone more important than the other citizens? The Office of President created by the Constitution is like being the chief employee of the state. Good employees dispense their service with utmost truthfulness and desire to improve the living standard of citizens or employers, while bad employees dishonestly render their service by exploiting the employers.
The responsibility of a President is an enormous challenge and a wonderful opportunity to serve the people. Bad leaders like you may have influenced Plato to argue in his discourse The Republic, that only philosophers, “who care deeply about truth, are imbued with great integrity, and overriding concern about the welfare of the public,” are qualified to be leaders. I think there is some truth to this argument. It implies that good leaders work towards the welfare of their or her people, while bad leaders orchestrate atrocities against the very people they fought so hard to serve.
Yes, your regime is credited with many infrastructural developments /projects, but this is not matched with required technical resources to operate them efficiently and effectively. The countryside is littered with white elephants projects, and signs and symptoms of poverty, hunger, and disease. Life of an average Gambian has not improved during the past twelve years; instead, it has plunged to almost unbearable levels.
Is it not a shame that we cannot judiciously utilize our precious resources to translate them into prosperity for all? I think Gambians are equal to everyone else; therefore, if others are able to maximize prosperity for their people, Gambians are capable of the same thing or even more. Good leadership is the key ingredient to the soup of prosperity. Under good leadership, the opposition would be seen as an alternative government and would be guaranteed all the rights accorded them by the Constitution. The media would be free to operate independently to provide relevant information to the citizens so that the people would evaluate the programs and projects and make informed decisions about our national affairs. A vibrant civil society is a prerequisite for economic, political, and social development of any society, which is virtually impossible without freedom, and respect for human rights and decency.
On the other hand, it is never too late to do the right thing. You have the option to turn things around by releasing all political detainees and also invite other Gambians, not only those you agree with but those who sincerely disagree with you on the way forward for the country. Remember that Gambia belongs to all Gambians and we all wish it good. Therefore, it is our collective responsibility to develop it and that no one person, even the most ambitious President can do it alone.
Gambians have done a lot for you; you have been forgiven for illegally overthrowing the democratically elected government of Dawda Jawara and you have been elected to the office of President for three consecutive five-year terms. What else can someone ask from his countrymen and women? The Gambian people have done their part and they are waiting to see you return the kind gesture. We expect you to be just and fair, respect our rights, and strive to improve the well being of all Gambians, through good governance and respect for rule of law.
I hope you would not categorize this letter as sabotage to your policies but as a reminder of your responsibilities to the Gambian people. I think it is my civic responsibility to express my sincere concerns about Gambia affairs especially, when my personal relative and close friend is unjustly treated by the very government that is instituted to protect our rights, provide us security, and equally importantly, strive to improve our well being. I hope this letter serves as a catalyst for a dynamic change, which promotes Rule of Law, tolerance, and respect for the rights of all Gambians without distinction.
Finally, Mr. President, I am still appealing for your personal intervention in the matter of Kanyiba and all the other prisoners of conscience. You can charge them of a crime or offence, prosecute them, or release them immediately. It is unacceptable to keep them and any other Gambian in detention longer than the Constitutional limit without the due process of the law.