1999 Country Reports on Human Rights Practices Released by the Bureau of Democracy, Human Rights, and Labor U.S. Department of State, February 25, 2000 THE GAMBIA The Gambia is ruled by President Yahya A.J.J. Jammeh, the former chairman of the Armed Forces Provisional Ruling Council (AFPRC) that seized power in a military coup in 1994, deposing a democratically elected government. Jammeh resigned his military commission and was elected president in controversial elections in September 1996, which observers considered neither free nor fair. Three of the 13 members of the current Cabinet are retired army officers who were Jammeh's allies during or immediately following the coup, and the security forces continue to exert strong influence in the Government. In January 1997, the Constitution of the Second Republic came into effect, restoring formal constitutional government, and citizens chose a National Assembly in elections, the results of which generally were accepted by the opposition. Jammeh's party, the Alliance for Patriotic Reorientation and Construction (APRC), won 33 of the 45 assembly seats filled by election. The Constitution provides for an independent judiciary; however, the judiciary reportedly is subject at times to executive branch pressure, especially at lower levels, although the courts have demonstrated their independence on occasion. The Gambian National Army (GNA) reports to the Secretary of State for Defense (who is now the President). The police report to the Secretary of State for the Interior. The National Intelligence Agency (NIA), established in 1995 by government decree, reports directly to the President but is otherwise autonomous. Members of the security forces committed serious human rights abuses. The rapidly growing population of 1.3 million is divided between a rural majority and a growing urban minority. Much of the population is engaged in subsistence farming. The country's farmers, a majority of whom are women, grow rice, millet, corn, and groundnuts (the country's primary export crop). The private sector, led by tourism, trading, and fisheries, is experiencing modest growth. However, a high population growth rate has diluted the positive effects of economic expansion. Per capita gross domestic product is estimated to be $360. The Government's human rights record generally was poor, and serious problems remained. President Jammeh's dominance and restrictions on opposition parties continued, and in practice citizens still do not have an effective right to change their government. Security forces sometimes beat or otherwise mistreated detainees and prisoners. There was at least one credible report that police severely beat an opposition figure while in custody. Prison conditions remained very poor. Security forces at times arbitrarily arrested and detained citizens, particularly opposition politicians and journalists. Some of the detainees alleged harsh treatment at the hands of their captors. The courts reportedly are subject to executive branch pressure, particularly at lower levels, although magistrates occasionally demonstrate some independence by ruling against the Government. However, members of the security forces occasionally defy High Court orders with relative impunity. The Constitution prohibits the prosecution of any member of the AFPRC for any act or omission in the performance of official duties following the 1994 coup. The Government at times infringed on citizens' privacy rights; the right to transfer funds or assets remained restricted for most senior officials of the former Jawara government. The Government significantly limited freedom of speech and of the press through intimidation and fear. Journalists still practice self-censorship. Citizens have been arrested for making antigovernment statements in public. The Government restricted freedom of assembly and association. The opposition United Democratic Party (UDP), in at least two instances, was denied permission to hold public rallies on the grounds that it did not provide sufficient notice. Although opposition forces were active and vocal in the National Assembly, a standing order forbade parliamentarians from criticizing the Head of State in their debates or discussing any matter before the courts. Although formal constitutional rule was restored in 1997, some constitutional provisions have not been respected in practice, and others have not been tested in the courts. An apparently unconstitutional ban on political activity by some politicians and political parties remains in effect and has not been subject to judicial review. The Government at times limited freedom of movement, particularly for some senior officials of the former Jawara government. The Government continued to withhold passports from at least three current opposition politicians, although in May a new passport was issued to one of the politicians. Discrimination and violence against women persisted. The practice of female genital mutilation (FGM) is widespread and entrenched. Child labor is common. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Political and Other Extrajudicial Killing There were no reports of political or other extrajudicial killings. The Government has not taken any action against a group of soldiers who shot and killed a man on a beach in October 1997, despite assurances by the Department of State for Defense that the matter would be "judiciously and expeditiously addressed." The circumstances of the May 1997 death of Yaya Srammeh, a rebel accused of treason, have not been explained publicly, nor has there been an investigation into his death. In July 1998, the Secretary of State for the Interior stated before the National Assembly that there had been no progress in his department's investigation of the 1995 death of former Finance Minister Ousman Koro Ceesay. The Government made no further statements on this matter during the year. There were no reported developments concerning the 1995 death of Sadibou Haidara, a member of the junta that seized power in 1994. In January rebels allegedly belonging to the Movement of Democratic Forces for the Casamance (MFDC) in Senegal crossed the border and attacked the village of Gambissara, killing two persons. On January 16, police arrested three alleged members of the MFDC. b. Disappearance There were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The Constitution forbids torture or inhuman or degrading punishment; however, security forces sometimes beat or otherwise mistreated detainees and prisoners. There were also reports that security forces beat military and security detainees, and that security prisoners sometimes are threatened with summary execution. According to a member of the National Assembly, police allegedly severely beat and tortured an opposition politician who was arrested and detained for 2 days (see Section 1.d.). Police harassed citizens at checkpoints (see Section 2.d.). There were no developments in the promised investigation of the detention and torture of eight UDP officials in 1997. At the time of the incident, the Government promised a full investigation and appropriate action by the Attorney General. Since the incident, police investigators have interviewed some witnesses, but some victims say that they have not been contacted. No one has been arrested and no results of the investigation have been made public. There were no further developments in the case of the reported detention and severe beating of UDP member Yaya Sanneh in July 1997. Conditions at Mile 2, Janjanbureh, and Jeshwang prisons remained very poor. Mile 2 prison was reported to be grim, overcrowded, and lacking in medical facilities. Prisoners are locked in their cells for over 20 hours each day. There were credible reports of beatings, malnourishment, and other harsh treatment of political, military, and security detainees. Women are housed separately. Conditions in one representative local jail reportedly were unsanitary and overcrowded. Inmates slept on cement benches or on the floor without blankets. There was one water tap in the cell area but often no water. Police are reluctant to terminate fistfights between prisoners until the dispute is settled, and many of the prisoners are injured. The International Committee of the Red Cross visited Mile 2 prison during the year. Local nongovernmental organizations (NGO's) also generally are permitted to visit prisons upon request. A member of the African Commission on Human and Peoples' Rights and the Special Rapporteur on Prisons and Conditions of Detention in Africa visited the three prisons during the year. d. Arbitrary Arrest, Detention, or Exile The Constitution includes provisions to protect against arbitrary arrest and detention; however, on occasion, security forces arbitrarily arrested and detained citizens. Periods of detention ranged from a few hours to several days. The Government has not revoked formally military decrees enacted prior to the current Constitution that give the NIA and the Secretary of State for Interior broad power to detain individuals indefinitely without charge if "in the interest of national security." The Constitution provides that decrees remain in effect unless inconsistent with constitutional provisions. These detention decrees appear to be inconsistent with the Constitution, but they have not yet been subject to judicial challenge. The Government has stated that it no longer enforces these decrees; however, in some instances, the Government did not respect the constitutional requirement that detainees be brought before a court within 72 hours. In April the NIA arrested two airport security officials and detained them without charge for 2 days after they attempted to prevent a senior presidential advisor from escorting a group of foreign officials onto the airport tarmac. The presidential advisor reportedly drew his gun after being denied entry, forced his way onto the tarmac, and then struck the more senior of the security officials on the head with the butt of the gun. Upon being released from detention, both security officers were fired from their jobs; however, in July they were reinstated and the senior security officer was promoted. In May the NIA arrested Tata Camara, chairperson in Janjanbureh of the UDP, and six other UDP supporters in Dankunku. Tata allegedly was discussing privately her views of economic hardships in the country when arrested. The arrests of the other six followed a UDP political rally held in Dankunku in May. The six UDP supporters were released after 6 hours but Camara remained in detention for 2 weeks. On May 26, an opposition member, Shyngle Nyassi, was abducted from his house in Brikama and detained without charge by the NIA. The NIA defied a High Court order to release Nyassi, who was detained for 2 weeks, falsely claiming that he was not in the agency's custody. The NIA released Nyassi a week after the court-ordered time. On July 16, a reporter from a new newspaper, The Independent, was detained for over 2 hours. He allegedly was harassed for reporting that government immigration officers had arrested non-citizen, disabled beggars. On July 30, the NIA arrested six staff members of The Independent and detained them for 3 hours for questioning after the newspaper continued publishing despite a court order to cease publication. On August 1, the NIA arrested and detained for a day the editor in chief and the managing editor of The Independent (see Section 2.a.). In September a reporter from The Daily Observer and the editor in chief were arrested and detained for questioning after publishing a story about an alleged military skirmish in the village of Kanilai, which is President Jammeh's home village (see Section 2.a.). The editor was released after 2 hours of questioning, but the reporter was detained for 48 hours. Both were released without charge. In September the chairman of the opposition National Reconciliation Party (NRP) in Dankunku village, Musa Jallow, was arrested and detained for 2 days by the police. He was accused of insulting President Jammeh and other government authorities. A member of the National Assembly, who visited Jallow during his detention, reported that Jallow had been beaten and tortured. In May 1998, 10 persons, including UDP leader Lamin Waa Juwara and the imam of the largest mosque in Brikama, were arrested in a politically charged dispute over minor construction work at a mosque in Brikama (see Section 2.c.). None of those arrested was charged within the constitutionally required 72-hour period. Charges against five of those detained were dropped. The four that were charged with damaging public property were acquitted and discharged by the magistrate court in February. On December 28, three journalists with the Independent newspaper were arrested for "libel against the President" (see Section 2.a.). They were released on bail, but must check in with the police on a regular basis. Their trial was pending at year's end. The Government has made no progress in investigating the detention and torture of eight UDP activists in 1997 (see Section 1.c.). The Government did not exile opponents; however, former President Jawara remains outside the country under threat of arrest and detention on corruption charges if he returns. Other senior officials of the former government, for example, Vice President Saihou Sabally, and Secretary General Abdou Sara Janha, also remain outside the country, but do not face official charges. e. Denial of Fair Public Trial The Constitution provides for an independent judiciary; however, the judiciary reportedly is subject at times to executive branch pressure, especially at the lower levels. The courts nevertheless have demonstrated their independence on several occasions, at times in significant cases. In February the High Court dismissed charges against some of the defendants in the politically charged dispute concerning a mosque in Brikama (see Section 1.d.). In 1997 the Court of Appeal, the country's highest court, overturned the treason convictions and death sentences of four men who led an abortive coup in November 1996. The Government has appealed this decision to the Privy Council in London, but the case was pending at year's end. The judicial system comprises a Judicial Committee of the Privy Council (based in London), the Court of Appeal, high courts, and eight magistrate's courts. The Constitution provided for a reconfiguration of the courts by which a Supreme Court would replace the Privy Council as the ultimate court of appeal. The new Supreme Court was inaugurated in December, and a full compliment of judges and a Chief Justice were appointed. Appeals to the Privy Council ceased. Village chiefs preside over local courts at the village level. The judicial system recognizes customary, Shari'a, and general law. Customary law covers marriage and divorce for non-Muslims, inheritance, land tenure, tribal and clan leadership, and all other traditional and social relations. Shari'a law is observed primarily in Muslim marriage and divorce matters. General law, following the English model, applies to felonies, misdemeanors in urban areas, and the formal business sector. Trials are public, and defendants have the right to an attorney at their own cost. The 1998 trial of three men accused of complicity in a July 1997 coup attempt was closed to the public after the court accepted a prosecution motion that public presentation of certain evidence would lead to a "breach of peace and public order." One of the accused made detailed allegations of torture before the proceedings were closed. The three were convicted of treason in October 1998 and sentenced to death; their appeals of the convictions were pending at year's end. 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