LJD,
I meant to write:

"I hope and pray that Justice Njie's extradition request from the
Gambian authorities to the UK government do *NOT* succeed based on the fact
that "....." instead of:

*" I hope and pray that Justice Njie's extradition request succeeds based on
the fact tha ....."*
**
Thx,

Mboge







On Mon, Mar 22, 2010 at 10:01 AM, Modou Mboge <[log in to unmask]>wrote:

> LJD,
>
> Thanks again for beautifully articulating your excellent grasp of the
> principle of rule law.  I hope and pray that Justice Njie's extradition
> request succeeds based on the fact that *"[...] the whole mechanism of
> Gambian justice is heavily entangled in political calculations. She is not
> likely to get a fair trial, and as a requirement of Article 6 of the
> European Convention of Human Rights (ECHR), now statutorily incorporated
> into UK law by the Human Rights Act 1998 (HRA 1998), her chance of eluding
> extradition is looking good." LJD*
> **
> I totally agreed with your  observation of the limitations of Kagame's
> vision. Indeed  "...*what he must do, and this sooner than he may prefer,
> is to create an environment that allows his vision to incrementally mature
> even as he himself no longer leads Rwanda. No one person can fully develop a
> country,  and in my view, this means that every African leader, and, or,
> ruler, must come to terms with his/her own mortality. Only then will a
> mighty continent actualise its great potential by making use of the major
> part of the talent at its disposal" LJD. *
> **
> I think Kagame is aware of his mortality thus he is trying to do all he can
> to make sure that institutions function regardless of who is governing
> Rwanda.  However, it is also important to take note of the freshness of
> the recent history of Rwanda.  There still remain a formidable threat to
> the progress that have been made.  There is much work to be done in terms of
> democracy and human rights yet i still believe Kagame's Rwanda is more
> democratic than many African states. The process of achieving a genuinely
> democratic society is  ongoing and i hope like you sooner than later when
> Kagame finnally steps down, the Rwanda he will bequeath is where democracy
> and human rights will be valued.
>
> Thanks once again for a lucid explanation of issues.
>
> Best,
>
> Mboge
>
>
>
>
>
>
> **
>
> **
> **
> **
> **
>
>
>
>
> On Sun, Mar 21, 2010 at 10:28 PM, Lamin Darbo <[log in to unmask]>wrote:
>
>>   Mboge
>>
>> You are absolutely right that "Four men accused of taking part in the 1994
>> Rwandan genocide win their High Court battle against extradition" was
>> "strictly premised on the significance of the Legal precedence it sets for
>> 'fugitives' claiming to be escaping persecution". Specifically, I was
>> thinking about Justice Safiatou Njie (Justice Njie) and whether The Gambia
>> Government is likely to succeed in having her extradited by the UK.
>>
>> Although her alleged crimes are not political, the whole mechanism of
>> Gambian justice is heavily entangled in political calculations. She is not
>> likely to get a fair trial, and as a requirement of Article 6 of the
>> European Convention of Human Rights (ECHR), now statutorily incorporated
>> into UK law by the Human Rights Act 1998 (HRA 1998), her chance of eluding
>> extradition is looking good.
>>
>> Even as the Rwandan decision is a brilliant exemplification of the rule of
>> law, I have to agree with you that the High Court decision was a difficult
>> one on moral grounds. I am unsure why Rwanda did not seek their extradition
>> for onward delivery to the International Criminal Tribunal Rwanda (ICTR),
>> based in the Tanzanian city of Arusha.
>>
>> For Rwanda, it should not matter where these alleged criminals are
>> prosecuted. The evidence is suggestive of some involvement by all four in
>> the '94 genocide. In that case, common sense would dictate that they be
>> prosecuted for their alleged crimes, and where found legally culpable,
>> adequately punished.
>>
>> Undoubtedly, the political arm of government was keen to have them
>> extradited, but the Judiciary blocked that wish on the explicit command of
>> both European, and UK law.
>> Stated differently, the High Court probably hated the outcome, but there
>> was a clear obligation to implement the law as it is. You are right that
>> under other circumstances, these laws can work quite well for "genuine
>> asylum seekers". This particular decision was nevertheless quite agonising.
>>
>> As to Kagame, I defer to your expertise on the man, and his vision. What
>> he must do, and this sooner than he may prefer, is to create an environment
>> that allows his vision to incrementally mature even as he himself no longer
>> leads Rwanda. No one person can fully develop a country,  and in my view,
>> this means that every African leader, and, or, ruler, must come to terms
>> with his/her own mortality. Only then will a mighty continent actualise its
>> great potential by making use of the major part of the talent at its
>> disposal.
>>
>> Many thanks for a fine response, and advocacy.
>>
>> Do you think the Gambia's extradition request regarding Justice Njie
>> should succeed?
>>
>> Regards
>>
>>
>>
>>
>>
>> LJDarbo
>>
>>
>>
>> --- On *Sun, 21/3/10, Modou Mboge <[log in to unmask]>* wrote:
>>
>>
>> From: Modou Mboge <[log in to unmask]>
>> Subject: Re: Fw: BBC E-mail: Rwanda accused win UK court case - PRECEDENT
>> FOR FORMER HIGH COURT JUDGE SAFIATOU NJIE?
>> To: [log in to unmask]
>> Date: Sunday, 21 March, 2010, 17:38
>>
>>
>>  LJD,
>>
>> I guess your sharing the judgement on the Rwandans by the High Court of
>> the UK was strictly premised on the significance of the Legal precedence it
>> sets for 'fugitives' claiming to be escaping persecution. I hope it is not
>> presumptuous of me that you had in mind the Gambian female judicial employee
>> currently in the UK apparently running away from Gambian justice *a la
>> Jammeh when you shared the ruling.*   I assume that it is no rocket
>> science that this ruling will provide protection for the corrupt criminals,
>> *genocidaires and their apologists* from being brought to justice where
>> it matters *ie* where their alleged crimes were committed.
>>
>> It seems the so-called High Court Judges are more concerned with the human
>> rights of  vile *genocidaires* than those genuine asylum seekers whose
>> fear of being killed and tortured in their homeland is consistently ignored
>> and questioned  and in some instances ridiculed by Western media pandering
>> to the right-wing politics of the *"other*" coming *to take our jobs and
>> scrounging on our generous welfare systems.  *Im no lawyer but i hope
>> this ruling also can be useful to genuine asylum seekers.
>>
>>
>> Reading a response to the article you shared by our *"descerner extraordinaire
>> on this forum" *comparing our criminal outfit headed by a deranged
>> buffoon in the person of SHEPAD Jammeh gave me zits as well as being
>> squirmish for a while.
>>
>> The realities of Gambia and Rwanda are markedly different.   Kagame and
>> Jammeh are poles apart.  Kagame is a smart and  patriotic leader, a
>> visionary engaged in healing a traumatized people, one fighting a good fight
>> in ushering in a new nation based on functioning institutions. The howling
>> on this *divisionism by the Economist *is in my view an
>> irrelevant unworthy distraction. Kagame should take no advise or lecturing
>> from a rabidly anti-African magazine that once ran a feature cover story by
>> Richard Dowden on Africa*: The Hopeless Continent.  *It may be true that
>> many an African country is marred by hunger, conflict and strife yet i have
>> no doubt that if anything the African peoples are mostly hopeful and
>> optimistic  about the future.  This may be sometimes wrongly attributed to
>> fatalism.
>>
>>  Of course there still remains a lot to be done in terms of democracy and
>> human rights in Rwanda but one must acknowledge the giant strides already
>> achieved in relation to these ideals.  It is work in progress that is being
>> managed very well under extremely difficult circumstances.*  Rwanda under
>> Kagame boast one of the most enlightened gender equality legislatures in the
>> world.*  And this goes beyond just symbolic balancing of the sexes in
>> terms of representation (given that 33% of the Rwandan Parliament is
>> female)  in politics. Women compete and participate in all sectors of Rwanda
>> society.  There is evidence of substantive and particapatory democracy in
>> everyday life of the ordinary Rwandan. The economy in Rwanda is booming,
>> civil society is being built and their advocacy left, right and
>> centre permeates in and at all levels of society. Under Kagame's Rwanda a
>> state by all standards that failed, has emerged way ahead of many African
>> countries in terms of health care access to its denizens.  There is national
>> health insurance for virtually all Rwandans.  With Rwanda now on the right
>> path to development and substantive participatory democracy i join the hoard
>> of admirers wishing the Kagame juggernaut to keep steaming ahead.  I do also
>> hope that the juggernaut also destroys and annihilate all the negative
>> forces trying to block it especially those coated in ethnicity.  Ethnicity
>> is important but not to the detriment of building a prosperous Rwandan
>> nation that concerns herself with providing peace, prosperity and progress
>> to its people.
>>
>> There exists a genuine concern by those trying to deny the *horrid
>> genocide that took place in 1994.* Politicians such as Victoire Ingabire
>> Umuhoza trying to play on ethnic sentiments must be reigned in.  This does
>> not mean that people should be denied the right to associate with the ethnic
>> skirt they want to wear as long as it is not to villify or create
>> schisms between and among their brethren and sisters.  Afterall the Tutsi
>> and Hutu are from the same family of Bantu-speaking peoples.  But if not
>> for a sad historical constructionism perpetrated by colonialists based
>> on banal concepts such as the *Hamitic Hypothesis , the Tutsi-Hutu *dichotomous
>> relationship might have been avoided*.  *I shall not suffer the esteem
>> lot of this forum on the nitty-gritty of this racist hypothesis which helped
>> in the pogroms of the Tutusis in 1959 and the genocide of 1994.
>>
>>
>>  We have seen the shenanigans of France and some other northern
>> governments trying to stifle the progress and development of Rwanda since
>> the RPF came into power.  I will have Kagame any day as my leader compared
>> to the rogues we have splattered across our wounded continent irresponsibly
>> abusing the noble ideals of democracy and human rights.
>>
>> Best,
>>
>> Mboge
>>
>> **
>>
>>
>>
>> On Sun, Mar 21, 2010 at 7:56 AM, suntou touray <[log in to unmask]<[log in to unmask]" target="_blank">http:[log in to unmask]>
>> > wrote:
>>
>>> LJ, reading the economies Magazine edition of last week, i can see
>>> similar tactics in the arena of suppression of opposition views in Rwanda to
>>> that our own mad man. Kegame's government invented a dangerous term *
>>> 'divisionist'.* This term is label against opponents of the government
>>> with the country's sad past. The genocidal past was trigger by tribal
>>> sentiment, hence the divisionist concept.
>>> It is interesting how our guys invent this sinister strategies to
>>> suppress alternative views. Key members of the opposition are regularly
>>> accused of being guilty of genocide, a tack one is unable to free
>>> himself from.
>>> Suntou
>>>
>>>   On Fri, Mar 19, 2010 at 12:18 AM, Lamin Darbo <
>>> [log in to unmask]<[log in to unmask]" target="_blank">http:[log in to unmask]>
>>> > wrote:
>>>
>>>>
>>>>
>>>> --- On *Fri, 19/3/10, LJD <[log in to unmask]<[log in to unmask]" target="_blank">http:[log in to unmask]>
>>>> >* wrote:
>>>>
>>>>
>>>> From: LJD <[log in to unmask]<[log in to unmask]" target="_blank">http:[log in to unmask]>
>>>> >
>>>> Subject: BBC E-mail: Rwanda accused win UK court case
>>>> To: [log in to unmask]<[log in to unmask]" target="_blank">http:[log in to unmask]>
>>>> Date: Friday, 19 March, 2010, 0:08
>>>>
>>>> LJD saw this story on the BBC News website and thought you
>>>> should see it.
>>>>
>>>>
>>>>
>>>> ** Rwanda accused win UK court case **
>>>> Four men accused of taking part in the 1994 Rwandan genocide win their
>>>> High Court battle against extradition
>>>> < http://news.bbc.co.uk/go/em/fr/-/1/hi/uk/7989534.stm >
>>>>
>>>>
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>>>
>>> ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ To
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>>
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>
>

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