Anita, "my dear sister in this, our quest for
justice,"  I feel your pain.  I feel your pain.  I
hope that Gambians wise up to know that it is now or
never.  They either get rid of Jammeh during the
upcoming elections, or they are doomed.  For ask
yourselves the question, "Can Gambia Bear another
hellish presidential term with the maniac?"  The ball
is in our courts, so let us see if we have enough
fortitude, enough patriotism, and enough love for our
country and our selves as Gambians, to KICK THIS IDIOT
OUT OF OUR MIDST.  Is not even shameful to call him
our president?  I cannot bear to think of it.  It is
time we stop the little squirmishes and arguments that
we keep developing within our midst.  Keep your eyes
on the price and do not allow anything to divert your
attention.

--- Beran jeng <[log in to unmask]> wrote:
> 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
=== message truncated ===


=====
"NO ONE CAN MAKE YOU FEEL INFERIOR WITHOUT YOUR PERMISSION"

                       ALSO

"NOTHING IS UNACHIEVABLE, THE ONLY QUESTION IS, WHETHER ONE IS WILLING TO DO WHAT IT TAKES TO ACHIEVE WHAT IS DESIRED"

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