Friends on the L,
I think it is good to have access to this summary when you go through the statements published by Ebrima Ceesay. Look at the dates when the statements were made and ask what took the state so long to prosecute. It certainly looks as they are embarrassed by something. This summary was made by me and has been sent to Amnesty and other institutions and authorities.
Regarding the authenticity, I am convinced.
Annika (Dumos wife)
SUMMARY OF EVENTS
Momodou Ousman (Dumo) Sarho
24 June 2000 Abducted from his family compound in London Corner, Serrekunda, The Gambia, by three men in an ash-coloured vehicle (BMW; BJL 3716A). Mr Sarho was allowed to inform his mother that he was being arrested and taken to Banjul. One of the men was later identified as one Alhaji Moor, son of late Peterson Jobe.
The same evening Banjul Police Head Quarter denied any knowledge of Mr Sarho - including having him under custody. Attempts to reach the NIA (National Intelligence Agency) for confirmation was fruitless during the whole weekend.
26 June The NIA denied having detained Mr Sarho. A formal complaint, reporting Mr Sarho as abducted/missing, was submitted to Banjul Police.
27 June Amnesty International - Gambian branch office was informed.
30 June An open letter to the Attorney General of The Gambia was submitted to his office.
Copies were distributed to the local newspapers, as well as human rights organisations both locally and internationally.
10 July African Commission of Human & People's rights was notified.
14 July The State (Inspector General of Police, NIA and the Attorney General) represented by one lawyer Wowo was called to answer to the Banjul High Court on the matter of Modou Sarho's arrest and detention. In their affidavit they then admitted having him and that he was suspected of planning to overthrow the government by force and to have attempted to kill the head of state in order to seize power. The state further claimed that it would have detrimental effects to both the investigation and the public if Mr Sarho and his co-suspects were released (Ruling in the case was scheduled to July 18th)
14 July Mr Sarho, together with 5 others, were taken to Kanifing Magistrate were they were said to be suspected of treason on two accounts:
1.. March 1999 - June 2000 having planned to overthrow the Gambian government by
force.
2.. March 1999 - June 2000 having attempted to kill the president of the Gambia.
The prosecutor explained that:
1.. She was aware that treason was a too serious crime to be heard by the Magistrate
2.. She had not been given enough time to go through the evidences.
3.. Provided she found the evidences binding, she promised to file charges in the High court on Monday July 17th.
4.. She further appealed that the suspects should be kept in remand, since "treason is not a bailable offence"
The magistrate ruled that the suspects should be kept in remand and complimented the prosecutor for her intention to file charges expeditiously. No lawyer to assist the suspects was present at the hearing.
18 July In Banjul High Court, Judge Mam Yassin Sey, ruled in the case of Mr Sarho's arrest and detention, that it was clearly against the Constitution and laws of the Gambia as well as the African Charter of Human Rights. She explained that Mr Sarho's basic human rights - granted to him in the Constitution - had been seriously violated. She further stated that, had it not been for the magistrate ruling from Kanifing, of which she were not aware at the time of the hearing, she (Judge Sey) would have ordered for Mr Sarho's immediate release.
The state explained that they intended to appeal the ruling.
18 July Mr Tambadou, lawyer, wrote a letter to the Secretary of State for Interior, appealing for a permit to visit Mr Sarho in his place of detention. Referring to the serious crime of which Mr Sarho was suspected, Mr Tambadou emphasised the need for legal counselling.
27 July A second open letter was addressed to the Attorney General of the Gambia.
19 August The Secretary of State for Justice during a Press Conference on the issue of illegal detention of Mr Dumo Sarho and others, said that: " Those who expect to enjoy the rights guaranteed in democracy must play by the democratic rules. No one expects government to treat anyone, bent on under-mining its very existence as if he only committed a minor traffic''. And he added that due to the nature of the case, families and lawyers have been denied access to the detainees.
19 October A motion was heard by Justice Kabalata in the Banjul High Court, regarding the right to file an appeal against the ruling in Kanifing Magistrate, although the stipulated time for filing an appeal was overdue. No representative for the state was present and the hearing was adjourned for 30 minutes, while attempts were made to call a representative. Since no one appeared, Justice Kabalata decided to proceed and finally ruled that Mr Sarho's legal representatives should be granted the right to appeal against the ruling of Kanifing Magistrate in the High court,
25 October An appeal against the ruling in Kanifing Magistrate was filed at the High Court in Banjul.
30 October The lawyers, Mr Tambadou and Emanuel Joof were informed by the High court, that the State, referring to the fact that they had not been represented at the hearing on October 19, objected to the ruling. The matter was therefore scheduled to be heard again, on November 15th 2000. (The objection was finally recognised and the right to appeal was withdrawn)
Throughout this time, neither the lawyers nor any family member, had access to see Mr Sarho. His place of detention was not known. Direct approaches to the Police HQ, the NIA HQ and the Mile II prison, by both family members and the lawyers were all met with denials. Repeated attempts to seek audience with the Attorney General for clarification on the matter were fruitless. The Ombudsman was contacted but explained since the matter had reached the court level there was nothing he could do.
16 November Was the first time it became public knowledge that Mr Sarho was held at Mile II prisons his wife was allowed to visit him.
19 December Modou Sarho was brought to court together with six others (Ebrima Barrow, Ebrima Yarbo, Momodou Marenah, Lt Lalo Yaiteh, Lt. Omar Darboe and Abdoulie Sanyang)*. They were accused of - between the months of March 1999-June2000 -
1.. conspiring to overthrow the government of The Gambia by force
2.. attempting to kill the head of state Yahya Jammeh
3.. preparing to overthrow the government by unlawful means
4.. attempting to overthrow the constitution of The Gambia in order to overthrow the government
The hearing was adjourned until January 11.
2001
11 January The hearing proceeded. The only thing discussed was the issue of trial by judge versus jury. Adjourned until February 5.
5 February Still no conclusion on the procedures. Adjourned until February 20th .
20 February Still no conclusion on the procedures. Adjourned until March 6th.
6 March Adjourned until March 12th due to "Tobaski".
12 March Justice Grante declares that a single judge in High Court has no jurisdiction to hear the treason trial, and referred the case file to the chief justice to assign three judges to proceed with the trial.
June 2001 From what we have heard, three High Court judges have been appointed - Grante, Kabalata and Janneh - two of which seem to be still awaiting the renewal of their respective contract. As a consequence, no date has yet been set for the next court hearing.
*Note: most of the accused had never met each other before their arrest. It has also become clear that Mr Sanyang, who was arrested long after the others and throughout held at the NIA, has been free on bail since December 19th.
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