Mr. Jeng,
I have not followed recent rulings of this court and can in no way determine
the independence of the judiciary and of the Supreme Court in particular. I
am not an expert on the Gambian judiciary.
My interest in this ruling stems from the fact that it is a landmark
decision that has for the first time sought to address the rights of the
victims of the April 10 and 11 massacre. The families of the dead and
everyone wounded in this incident can now seek redress for the suffering and
pain they've been giong through. This decision should also serve as a
deterrent to the use of deadly force by security forces, who should by now
know that they cannot be protected by Yahya and his puppet lawmakers.
Whether this ruling is seen as a morsel of justice thrown at the masses or a
resounding repudiation of the human rights abuses of the Jammeh regime, one
thing is certain, the next time the security forces are ordered to shoot at
unarmed citizens, they will think twice before they open fire. Failing
that, they will only have themseleves to blame. For Yahya has not even
departed the law has started to come after them.
Hassan Jallow and the panel judges deserve commendation on this one. The
plaintiff's attorney also deserves commendation for her abilities, effort
and tenacity.
In the larger scheme of things, the only losers in this ruling are Yahya and
his terror aparatus. It is a major blow to his ability to subjugate unarmed
citizens through the use of force.
Lamin Jeng
-----------------------------------------------
>From: Beran jeng <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: Indemnity Act thrown out of the window
>Date: Thu, 6 Dec 2001 14:01:09 -0500
>
>Is it fair to say that there is some level of judicial independence in the
>country?
>
>Beran
>
>
>>From: Sanusi Owens <[log in to unmask]>
>>Reply-To: The Gambia and related-issues mailing list
>><[log in to unmask]>
>>To: [log in to unmask]
>>Subject: Re: Indemnity Act thrown out of the window
>>Date: Thu, 6 Dec 2001 12:37:28 -0500
>>
>>Folks
>>
>>Even the Law Courts can no longer tolerate APRC 's unlawfulness. The
>>Indemnity Amendment Act was an insult to human rights. Whilst there were
>>some good reasons why such act was introduced in 1981, the current
>>Indemnity Amendment Act was all geared towards denying the likes of Ous
>>Sabally and many others from seeking redress for abuse of power. By the
>>way, this is first time in Gambia's legal History, have I read about an
>>entire Act of Parliament being declared null and void , well who do you
>>blame? no one other than those 28 APRC NAMs that voted in favour of this
>>amendment, shame on them. May the people of the Gambia reject them in the
>>forthcoming polls.
>>
>>Long Live Justice Peace and Progress
>>
>>Sanusi Owens
>>
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