Hello Prince, Jabou  and friends,

even if the president pay this special guard from his own money, I think we
deal with a very special case, and I´m interested if it´s legal according to
Gambian constitution and laws ? Could an ordinary gambian (to put it more
critical - a political opponent) if he had the money also employ foreign
soldiers as guards ? And what will NIA or the authorities do about it ?

Jabou, I know what most of you are saying about Jammeh and his government.
As a foreigner it is not up to me to put the same direct words in my mouth.
But I can assure all of you, that I know what to think, after all  I witness
over all my years visiting The Gambia. Until it is proved in the courtroom,
that "they" are ruling without respect for the countries laws, they are
officially "innocent".
As some of you know I have visited The Gambia since 1978, and  throughout
the 80´ties I twice asked the Danish Foreign Ministry, what was the Danish
policy towards The Gambian Jawara- rulings, if we found that it was OK or
what. The answer was, that the Gambia was a democratic ruled country, and
there were no reason gambians should flee and ask political asylum  in
Denmark. There were not reported anything which could give the impression
that something was going on in The Gambia to "criticize". I tried with some
examples, but they were never answered.
That is why it´s imporatnt that you and others who have clear evidences,
have given a list of examples to f.in. amnesty or UN, how you as a citizen
think the government rules with no respect for human rights, has violated
the principles. The Government will say that all the "cases" mentioned are
investigated, all eventual legal action taken, cases finished and nothing
found to criticize.

(Even The Danish government says so when Amnesty criticize us. But as a
danish citizen I can after trials in danish courts try my case at The Human
Right Court in Amsterdam, because the Human Right principles are adopted
into  danish laws and recognized so. We have just seen 3 cases in Denmark,
where our supreme court has ruled according to human right principles and
put aside some expulsion orders given at lower courts according to the
intention of our parliament. So Human Right Principles "won" over the
politicians wishes to expatriate some "foreigners", who after making serious
crimes in Denmark and been to prison should also be send back to the state
where they were recognized citizens according to their passport. The
"problem" was that they have no longer "connections", close
relatives/families in that country, but here in Denmark. Then it´s a  human
right principle, that it is not right to send them to a country, where they
no longer "belong", they have the right to stay here in Denmark, even they
are not danish citizens and has committed serious crimes )

After the april-incident,  I have tried again asking how the Danish Foreign
Ministry judge the present situation, the april-incident, and I´m patiently
waiting to get the official answers from my government. As you know we don´t
have an embassy in  The gambia (the danish Ambassador to Gambia is Mr.
Jørgen Reimers in Algier, but we are represented my Mr. Peter Smith, Kairaba
Ave.) Sweden/Norway has one, and maybe Denmark consult our neighbors ?

To study the "official" judgement on the gambian leadership and situation is
very interesting, because the diplomatic language are special when it comes
to judge other nations way of ruling.  Jammeh is in my opinion right, when
he says that the "western democracy" (what that means ?  they are also very
different) can not just be adopted to The Gambia. And I believe that is also
what my government will think ? But even with danish eyes, some basics must
be found in a legal state, that is respect for the laws of the state, that
is human right-principles. That is why it is interesting for me, IF it´s
true that the president can/has employed/engaged foreign troops, and if this
is a violating of Gambian laws. (Specially because we in Denmark has the
very many african internal conflicts brought to us in our sitting room every
night, lately from Sierra Leone, where  "legal" leaders have "their own
guards" for protection)

After I posted my questions I come to think of more legal "problems" about
such eventual act. If it´s true that foreign states provide the Gambian
President with special forces or guards, who is legally responsible for the
actions they may take  in the Gambia ?
If they have a car-accident and hurt, damage gambians and their property,
who will pay the compensation ? If they think that the President is
threatened, and they start shootings and maybe kill a gambian citizen, who
is to responsible in a law suit against them ? the president, the Gambian
state, the state from where they are "rented out" or what ?

If it should come to attack on the Gambian president, and "foreign" engaged
military protect him, can we then say that we have a civil war-situation,
because the President use foreign troops to fight his own people ? And who
is the commander of this special force ? The President himself ?

I really don´t hope that it´s true we have foreign soldiers acting inside
Gambian legislation. And if it´s true, I really want to know how it can
legally be arranged. Will it not require a parliamentary-decision to ask
foreign troops to operate inside the Gambian territory and on behalf of the
Gambian authorities ? If the soldiers are provided from another nation,
don´t we have a legally strange situation ?

Just thinking of  the Danish Queen or the Danish Prime minister asking for,
employing, or was just  given "foreign" soldiers as guards is not to
understand. It´s totally out of order and my imagination. I´m sure that our
constitution or laws could never bear such  act, and a "situation" which
should require such act would never be tolerated, even constitutionally.
Even our Queen is also the head of the military, it was not acceptable, if
she should use that power to insist on foreign soldiers for her own
protection.

Just sending danish soldiers to operate for NATO or UN on  mission in
another  country has to be decided by the danish parliament.
If a military trained danish citizen is contracted f.in. by a foreign
company or a danish company operating in a foreign country, or  by the
Gambian President, he can do so. But if he in such a position (job) make
crimes, war crimes, or violate the human right principles, we can bring him
to court here in Denmark, as a danish citizen.

It´s very strange to me that a head of state in whatever country it should
be, can have a life-guard of foreign citizens. The only one I can think of
right now is The Pope, but it is a very special situation.

So who can answer my question. If the President really has got a guard of
foreign soldiers, is that legal ? I´m not saying he has. But let´s say he
got the idea and it´s illegal ? Who will take the step to bring it to court?

Asbjørn Nordam

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