A Note to the President



The Independent (Banjul)

OPINION
August 31, 2001
Posted to the web August 31, 2001

Annika Renberg, Detainee's Wife
Banjul, the Gambia

Justice delayed is justice denied is a quotation that I think rightly
reflects the intention and essence of the Constitution of The Gambia, with
regards to the basic human rights granted to all the citizens.

Let me quote from Chapter IV - Protection of fundamental rights and
freedoms.




Section 19 (1): "Every person shall have the right to liberty and security
of person. No one shall be subjected to arbitrary arrest or detention."

My husband, Mr Momodou (Dumo) Sarho was apprehended in his street on June
24th 2000.

Section 19 (2): "Any person who is arrested or detained shall be informed
within three hours of the reasons for his or her arrest or detention and his
or her right to consult a legal practitioner."

My husband, Mr Momodou (Dumo) Sarho was not informed about the reasons for
his detention.

He was just dumped in a cell at the NIA for three days after which he was
interrogated and eventually signed a statement on July 4th 2000. No legal
practitioner was informed. Section 19 (3b): "Any person who is arrested or
detained and who is not released, shall be brought without undue delay
before a court and, in any event, within seventy-two hours."

My husband, Mr Momodou (Dumo) Sarho was not taken to any court until after
three weeks. On the 14th of July he was brought to Kanifing Magistrate who
ordered his remand while awaiting eventual proper charges in the High Court.
This was the first time he was informed that he was suspected of treason.
(Magistrate courts have no jurisdiction to hear treason cases)

Section 19 (5): "If any person arrested or detained is not tried within a
reasonable time he or she shall be released either unconditionally or upon
reasonable conditions." On July 14th the public prosecutor promised to
examine the evidences and file charges in High

Court on July 17th if she found the material binding. The charges were not
filed as promised and he has still not been tried. Section 19 (6): " Any
person who is unlawfully arrested or detained shall be entitled to
compensation."

On July 18th, Justice Mam Yassin Sey ruled that the arrest and detention of
my husband had been unlawful but since the Kanifing Magistrate had ordered
for his remand, he could not be released.

Section 21: No person shall be subject to torture or inhuman degrading
punishment or other treatment.

For three weeks my husband was only given food once a day. For three weeks
he was kept without possibility to even wash himself. For five months he was
kept totally incommunicado.

That is both torture and inhuman degrading treatment.

Section 24 (3): "Every person who is charged with a criminal offence -

Shall be presumed innocent until he or she is proved, or has pleaded guilty.

At a press conference in August, the Attorney General indicated that by
subjecting themselves to being suspected of treason, my husband and his
co-suspects, has forfeited their constitutional rights and could not expect
to be treated "as for a traffic offence". But no guilt has yet been proved
or pleaded.

Section 24 further states that: "Provided that where a person is charged
with an offence which carries a punishment of death or imprisonment for
life, that person shall be entitled to legal aid at the expense of the
State."

Until the 16th of November no lawyer had any possibility to see the accused.
The Gambia is not under any declared 'state of emergency' but even if that
had been the case, the constitution is very clear on how the rights of
detainees should be respected:

Section 36 (1) "Where a person is detained the following provisions shall
apply -

He or she shall, as soon as reasonably and practicable and in any case not
later than twenty four hours after the commencement of the detention, be
furnished with a statement in writing, specifying in detail the grounds upon
which he/she is detained." In the beginning of December, after more than
five months, my husband was finally served with the formal accusation in
writing.

"The spouse, parent, child of the person detained shall be informed by the
authority effecting the detention and shall be permitted access to the
person concerned at the earliest practicable opportunity and in any case not
later than twenty four hours after the commencement of the detention."

Since the first day of my husbands abduction, the Gambian authorities (i.e.
the Police, the NIA, the Attorney General and the Prison authorities
categorically denied any knowledge of my husband's whereabouts. Even after
the Magistrate's ruling in Kanifing when the suspicions against him were
made public, the authorities continued to deny having him under their
custody.

For five months, my husband and his co-suspects had no contact at all with
any family member. This treatment is not only unconstitutional and unlawful,
but indicates a governmental contempt for civil rights and democracy. I also
happen to know that my husband in no way has tried to overthrow the
government with unlawful means, let alone attempted to kill you, Mr
President. I am convinced that a fair trial will prove me right.
Unfortunately, by now I have come to doubt the quality and trustworthiness
of the judicial system in The Gambia. A trial started in Banjul High Court
on December 19th 2000. The hearings were halted on March 12th 2001. Until
then the only thing treated was the procedures of the trial. By now almost
14 months have passed. Months, when my husband and his co-suspects have been
- and still are -kept "like animals" in the security wing of Mile II prison.
Where are their human rights?

I have the greatest respect and love for The Gambia and it's strive towards
development. My husband, Mr Momodou (Dumo) Sarho is a genuinely concerned
citizen who, since his return in 1995, has devoted all his time to encourage
and participate in development work. It is a disgrace for the Government to
be unable to - at least - safeguard his fundamental rights according the
law. Mr President, I would like to call upon you - in your capacity as the
Head of State as well as an Honorary Doctor of Civil Law - to question
yourself honestly. Where is your dignity and integrity as a servant of the
nation when you can permit the most important fundament of The Gambia - it's
Constitution - to be violated in such an obvious way?



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