I was very much impressed with the way PDOIS is managing the crisis
surrounding the kidnapping of Mr. Shyngle Nyassi. All political parties in
the Gambia should confront such crisis with a common strategy.Even if it
means joining of political forces to kill the rein of tyranny in the
Gambia.Keep up the debate alive and let the whole world know about his
whereabouts and his present condition.I wish and pray to God that your words
of wisdom to Yaya Jammeh about this issue will not fall short of releasing
him from captivity.
----- Original Message -----
From: Foroyaa <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, June 10, 1999 3:16 PM
Subject: Where Justice Lies Asleep, Tyranny Must Creep In The Dark To Steal
The Treasure Of Freedom
> Published in FOROYAA of 7-10 June, 1999
>
>
> WHERE JUSTICE LIES ASLEEP, TYRANNY MUST CREEP IN THE DARK TO STEAL THE
> TREASURE OF FREEDOM
>
> Letter To President Jammeh on Shyngle Nyassi
>
>
>
> Mr President,
>
> The wisdom of the ages teaches that the fastest way tyranny can grip a
> nation is for the mouth of justice to be padlocked and the eyes of justice
> to be blindfolded. Freedom is likely to be imperilled if a nation lacks
> human beings with conscience who see it as their duty to speak the truth
> when it is necessary to be spoken without fear or favour, affection or
> ill-will.
>
> You would agree with us that the abuse of authority is the building block
of
> tyranny and the recipe for national disintegration.
>
> Almost two weeks have elapsed since Momodou Lamin Nyassi alias Shyngle
> Nyassi was abducted from his home at about midnight. Newspaper reports,
> letters and commentaries have been issued on his disappearance. Since
then,
> the State has been mute on the abduction.
>
> In the Preamble of the 1997 Constitution, it is stated categorically that
> "The fundamental rights and freedoms enshrined in this Constitution, will
> ensure for all time respect for and observance of human rights and
> fundamental freedoms for all, without distinction as to ethnic
> considerations, gender, language or religion. In acknowledging our
> fundamental rights we also affirm our duties and responsibilities as
> citizens of this country."
>
> Section 6, subsection (2) of the Constitution states, among other things,
> that "All citizens of The Gambia have the right and the duty to defend
this
> Constitution...."
>
> The Directive Principles of State Policy categorically state under section
> 220, subsection (1) (b) "The exercise and enjoyment of rights and freedoms
> are inseparable from the performance of duties and obligations, and
> accordingly, every citizen shall:
>
> "(b) uphold and defend the Constitution...."
>
> Subsection (1) (d) adds that "..... every citizen shall:
>
> "(d) respect the rights, freedoms and legitimate interests of others and
> refrain from acting in a manner detrimental to the welfare of other
> persons...."
>
> Mr President, as a person in position of public trust, you are obliged to
> swear and you have sworn to defend the Constitution without fear or
favour,
> affection or ill-will. It is, therefore, your duty to give example of how
to
> defend what you have sworn to defend.
>
> Section 19 (1) of the Constitution states in no uncertain terms that:
"Every
> person shall have the right to liberty and security of person. No one
shall
> be subjected 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 are established by law."
>
> Mr President, which law permits the detention of a person for almost two
> weeks without making any appearance before a court?
>
> The Constitution is not silent on what should be done if a person is
> arrested lawfully. Section 19, subsection (2) states categorically that:
>
> "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
> that 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."
>
> Furthermore, section 19, subsection (3) asserts that:
>
> "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; or
>
> "(b) upon reasonable suspicion of his or her having committed, or being
> about to commit, a criminal offence under the law 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."
>
> All the other portions of Section are designed to protect the liberty of
the
> person. This is why it even offers compensation for unlawful arrest and
> detention.
>
> There is, therefore, no legal basis for the disappearance of Shyngle
Nyassi.
> The State should, therefore, intervene to secure his release from his
> abductors.
>
> Mr President, when a person is Commander-in-Chief of an armed forces; when
> all the security apparatus in a country is under one's command, one can be
> misled to believe that one could utilise that power any how. One may be
> tempted to teach an opponent a lesson.
>
> You would agree with us that the only lesson that could be taught through
> the abuse of power is the essence and ramification of injustice. The way
to
> teach lesson to an opponent, who may have even departed from decent
> political conduct is to allow the law to take its course. The lessons that
> the Gambian people need from government is what good governance means in
> practice. The Gambian people have nothing to learn from the display of
power
> by individuals. This would constitute a mystification of the office of
> President.
>
> A wise leader is always fully conscious of where the legitimate exercise
> of authority begins and ends. Such a person would be fully conscious of
the
> fact that power belongs to no one, no individual, but the people.
>
> This is why Section 1 of the Constitution states categorically that: "(1)
> The Gambia is a sovereign republic.
>
> "(2) The sovereignty of The Gambia resides in the peoples of The Gambia
from
> whom all organs of government derive their authority and in whose name and
> for whose welfare and prosperity the powers of government are to be
> exercised in accordance with this constitution."
>
> This confirms beyond any shadow of doubt that power belongs to the people
> and that leaders are mere public trustees who are mere guidance of power.
>
> Common sense teaches us that no individual has power all by himself or
> herself. If individual leaders have inherent power, then none would need a
> bodyguard. The strongest person on earth can easily be knocked down by
> slumber and be stabbed by even a child. Only the ignorant can become
> conceited.
>
> It is, therefore, the duty of every wise leader to conceive one's
authority
> to be a buy-product of the will of a people,. and should, therefore, be
> resolved to exercise that authority to enhance the liberty and general
> welfare of the people as a whole.
>
> Justice is the only shield which can safeguard a people from the sword of
> tyranny. When justice is delayed or denied, liberty and proper governance
> must become the casualty.
>
> It is, therefore, necessary for your government to take all these opinions
> very seriously.
>
> In our view, the moment has come to put an end to the culture of silence
and
> apathy by rest of society.
>
> If Shyngle Nyassi is not released by the time you receive this letter, we
> will begin a process of national consultation with all those who matter in
> this country so as to prepare the ground for concerted action to prevent
the
> triumph of an unjust and unthinking attitude in the realm of political
> conduct.
>
> We will get in touch with all the heads of the religious groups, political
> parties, heads of the armed and security forces, Secretaries of State,
civic
> organisations, embassies, youth organisations, women's organisations in
> order to sensitize them about the situation, as well as seek their opinion
> regarding the best way of resolving such a crisis.
>
> Mr President, your government prides itself in transmitting to the whole
> world that the peace which prevails in the country is itself a national
> asset.
>
> This peace should not be taken for granted. The government, the opposition
> and the people have to maintain certain standards of political conduct if
> that peace is to be preserved.
>
> It is, therefore, your duty to maintain your own side of the balance which
> ensures a peaceful co-existence.
>
> While anticipating that your government would do everything to ensure
> Shyngle Nyassi's release,
>
> We remain,
>
>
> Halifa Sallah
> For: The Central Committee
>
> --------------------------------------------------------------------------
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