Hi Mboge! You´re right. Section 19 (2) of the Constitution makes this provision. Thanks for your contributions. Buharry. ----- Original Message ----- From: momodou olly-mboge <[log in to unmask]> To: <[log in to unmask]> Sent: Thursday, July 20, 2000 5:04 PM Subject: Re: State challenges 'unconstitutionality' of Dumo's detention > Buharry, > > Thanks again for the insightful observations. I think the law also states > that, any person arrested should have access to an attorney after 3 hours. > Mr WoWo is fighting an already finished battle. He might have been > intructed by his bosses to delay the release of Dumo and Co. but he should > be informed that we are a formidable force. This is a war of liberation. > We shall overcome. Africa deserves better. > > Regards > > > >From: MOMODOU BUHARRY GASSAMA <[log in to unmask]> > >Reply-To: The Gambia and related-issues mailing list > ><[log in to unmask]> > >To: [log in to unmask] > >Subject: Re: State challenges 'unconstitutionality' of Dumo's detention > >Date: Thu, 20 Jul 2000 16:36:02 +0200 > > > >Hi! > > I wonder how Mr. Wowo can justify his "99 per cent chances of winning > >the appeal based on the law". Maybe he meant he had 99% chance of losing > >and > >he was misquoted. Doesn't the law say that an arrested individual must be > >brought before a court of law as promptly as possible and in any case > >latest > >72 hours after the arrest? It took the state over two weeks. Even 14 days > >according to my calculator is 336 hours and it took them more than 14 days > >to charge Dumo. What is so ambiguous about the law or better still, which > >law is Mr. Wowo talking about? > > The law also says that no one shall be subjected to arbitrary arrest > >and > >detention and that those arrested shall be arrested in accordance with the > >procedures of the law. Unless I am dreaming can Mr. Wowo please show us > >where in the laws of The Gambia it is stated that someone can be arrested > >and kept for over 300 hours without being charged, kept for over 3 weeks > >without access to a lawyer when the Constitution grants the arrested > >individual the right to "consult a legal practitioner"? C'mon, his lawyers > >are still trying to locate him. How can they effectively prepare his > >defence > >when they can't even find him? > > On what grounds should the suit against the state be dropped when > >section 19, subsection 6 of the Constitution clearly states that "any > >person > >who is unlawfully arrested or detained by any other person shall be > >entitled > >to compensation from that other person or from any other person or > >authority > >on whose behalf that other person was acting"? Doesn't over 300 hours of > >detention without charge instead of 72 and refusal to let him have access > >to > >his lawyer and family constitute unlawful detention? Even when a state of > >emergency is declared, section 36 (b) of the Consitution provides that "the > >spouse, parent, child or any other available next-of-kin 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". The law is very clear that even > >those arrested under a state of emergency shall have certain inalienable > >rights. Yet these rights are violated in a non-emergency situation. C'mon, > >Mr. Wowo, please save the Gambian taxpayer some money by not fighting what > >is so obvious. Thanks. > > > >Buharry. > >----- Original Message ----- > >From: Bokaloho <[log in to unmask]> > >To: <[log in to unmask]> > >Sent: Thursday, July 20, 2000 1:58 PM > >Subject: State challenges 'unconstitutionality' of Dumo's detention > > > > > > > >From today's Observer: > > > "The state has filed an appeal (överklagande) in the Court of Appeal, > > > contesting the decision passed by High Court Judge, Justice Mam Yassin > >Sey, > > > that the continued detention of Modou Dumo Sarho, was unconstitutional." > > > .... "Dissatisfied with Justice Sey's ruling, the indefatigable > >principal > > > state counsel, Joseph Wowo, filed an appeal on behalf of the state the > >same > > > day, contesting the ruling." "In an appeal dated July 18th, 2000, Wowo > > > argued that Justice Sey, 'erred in law in holding that the arrest and > > > detention of modou Dumo Sarho is unconstitutional and unlawful..." "Mr > >Wowo > > > asked the Appeal Court to issue a declaration setting aside Justice > >Sey's > > > decision" and " .... issue another declaration that the acts of the > >state > > > were constitutional and lawful" and "dismiss the suit brought against > >the > > > state. Asked whether he had chances of winning his appeal, Mr Wowo told > > > Daily Observer, 'The State has 99 per cent chances of winning the appeal > > > based on the law.' The Appeal Court is yet to fix a date for the appeal > > > hearing." > > > They are really showing their true faces, aren't they!? > > > By the way, the lawyers have not yet been able to locate Dumo. They're > > > working on it. I should guess that the legality even of that magistrate > > > ruling in Kanifing last Friday could be questioned in the light of the > > > absence of counselling for the accused. > > > Annika > > > > > > > >-------------------------------------------------------------------------- > >-- > > > > > > To unsubscribe/subscribe or view archives of postings, go to the > >Gambia-L > > > Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html > > > > > > > >-------------------------------------------------------------------------- > >-- > > > >--------------------------------------------------------------------------- - > > > >To unsubscribe/subscribe or view archives of postings, go to the Gambia-L > >Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html > > > >--------------------------------------------------------------------------- - > > ________________________________________________________________________ > Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com > > -------------------------------------------------------------------------- -- > > To unsubscribe/subscribe or view archives of postings, go to the Gambia-L > Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html > > -------------------------------------------------------------------------- -- ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------