0100,0100,0100Times New RomanThe Independent Published Monday, 24 July, 2000 Dr. Jobe ignorant of criminal justice system 0100,0100,0100Says Lawyer Mariam Denton Mariam Denton, a private legal practitioner and legal adviser to the opposition United Democratic Party, has told The Independent that Foreign Affairs Secretary Dr Sedat Jobe 'appears to be ignorant of the criminal justice system in The Gambia and other Commonwealth countries.'0100,0100,0100 Speaking in an exclusive interview, Lawyer Denton said ignorance of the criminal justice system had led Dr. Jobe into concluding that it is only in The Gambia that persons on trial for murder charges are granted bail. She added that Dr. Jobe, who touched on the independence of the judiciary, failed to explain why Magistrate Borry Touray was dismissed after he had referred the case of the UDP leader and 24 others to the High Court. Mrs. Denton stressed that Dr. Jobe should 'honestly explain why the Office of the President gave directions to the Judicial Service Commission to dismiss Magistrate Touray.' This, she said, was a direct interference of the Executive in the work of the Judiciary. Mrs. Denton, who is also one of the lawyers defending the rights of the student leaders who were arrested and detained for weeks without charges following the April 10 – 11 student demonstrations, said she was not surprised at the concern expressed by the EU in its July 19 declaration. She described Dr. Jobe's reaction to the EU statement as 'most disappointing considering his intellectual capacity and his having worked within the UN system. 'It is disappointing that Dr. Jobe should condone the government's utter disregard for the rule of law and the independence of the judiciary,' she said. EU stands by its declaration0100,0100,0100 The Acting British High Commissioner in The Gambia, Mr. Bharat Joshi, in his capacity as the representative of the EU Presidency, has said the European Union stands by its declaration of 19 July, 2000, in which the Union called on the Gambian authorities 'to respect fully the independence of the courts in the proceedings instituted against opposition leader Ousainou Darboe, and 24 members of his party and to observe the principles of good governance.'0100,0100,0100 In an exclusive interview with The Independent, Mr. Joshi said he does not want to prejudice ongoing discussions on the matter, but admitted to disappointment at the Gambia Government's reaction and urged the government to respect the judicial process in the trial of Mr Darboe and his co-accused. The opposition UDP leader and other members of his party stand accused of the murder of APRC member and driver Alieu Njie who died following clashes between militants of the two parties in the URD town of Basse last month. Mr. Joshi said an IMF meeting in Geneva on Wednesday recognised 'some major achievements registered by the Gambia Government in terms of macro economic development and says The Gambia may qualify for debt relief.' While The Gambia also had a good story to tell on international peacekeeping, he said, the EU has some ongoing concerns on governance issues that needed attention. Asked what some of these concerns are, Mr. Joshi said the EU is paying close attention to the proceedings of the commission of inquiry into the events of 10 and 11 April. The EU, he said, is disappointed that the Government has still not released the Coroner's report and hopes that this would be done soon. He said the EU is also concerned with gender issues, particularly FGM, which the Union opposes, freedom of the press and parliamentary concerns such as the arrest of a National Assembly member in the wake of the April 10 and 11 student demonstrations 'which violated their Constitutional rights.' 'We would insist that freedom of the press and of the opposition is maintained,' he said. Meanwhile, the Chargé d'Affaires at the office of the European Commission in The Gambia, Georges-Marc Andre, has said it is up to EU member states to decide on what position to take in the event that the Gambia Government refuses to heed the EU's call in its July 19 declaration. Asked what his reaction was to the Gambia Government's comments on the declaration, Mr. Andre said he had not yet spoken to Foreign Secretary Sedat Jobe. He said he would like to give priority of the EU's declaration to the Foreign Secretary himself. Mr. Andre however said the EU is firmly committed to helping the Gambia Government in achieving the aims of its new governance project. Following the EU declaration, Foreign secretary Dr. Sedat Jobe had convened a press conference at his office to express 'government's surprise at the tone of the text and the context in which the European Union press release is given.' The Foreign secretary claimed that in no country in the world would somebody charged with murder be allowed to go on bail. 'This is an indication by the state that all this is done in an atmosphere of serenity,' Dr. Jobe said. The secretary of state also said instead of being commended 'for its foresight in doing everything humanly possible to encourage national reconciliation,' the Gambia government was being reprimanded. Dr. Jobe went on to say that the Gambia Government refutes the EU statement and that he would engage the EU representatives in talks over the issue. Dr. Jobe also stressed that the government 'would not sit by and allow the good image of the country to be tarnished.' 0000,8000,0000Helvetica Blackindependent view0100,0100,0100Times New Roman The price of democracy0100,0100,0100 The IGP's recent refusal to grant the UDP permits to hold public rallies is no minor matter. Without the ability to stage public meetings, any opposition party is seriously limited in its ability to present itself to the electorate.0100,0100,0100 The police, in their reasons for the refusal expressed concern over 'abusive' language used by the UDP towards the ruling APRC. They also cited the fact that a number of party members including Secretary General Ousainou Darboe were currently facing trial on the charge of murder. We feel that such reasons go no way towards justifying the denial of the UDP and indeed the people of The Gambia as potential supporters, their right to assemble peacefully and speak freely. The UDP, generally acknowledged as the largest opposition party in the country, cannot be restricted in such a manner if The Gambia can lay claim to the term 'democracy.' Opposition parties, by definition, oppose the government, present an opposing viewpoint and offer the country's voters an alternative to the current ruling party. This does not mean to say that opposition parties should oppose everything government does, regardless of merit. But the opposition do have a responsibility to speak out against actions, policies and practices they, as a party, do not agree with. The ruling party, in turn, must accept this and freely and openly compete with opposition parties on policies and achievements, giving the voters the opportunity to decide. If the government is upset by the words of its opponents, that is for them, the price of democracy. And they may, through the same democratic process, counter such words with their own. Foreign Secretary, Dr ML Sedat Jobe told reporters last week that the President would like a country where the opposition will be 'responsible and participatory and feels it belongs to the country and could be counted upon, but not only being negative, provocative and desirous of creating an atmosphere which will give a wrong image of the country abroad.' While this may be a valid desire, in a true democracy the people, not the President or the IGP, must judge the behaviour of the opposition and indeed the government. By refusing to allow the opposition to function as the mass political party that it is, the government is denying the people of The Gambia the right to decide and the right to freedom of association and of expression. If the opposition do nothing but insult, with no substance to their allegations or viable alternative policies, then the public will soon see through this. It is indeed insulting the intelligence of the Gambian population to prevent the opposition's public rallies on the grounds of 'abusive words.' Section 25 of the 1997 Constitution spells out the rights of every person in the country to freedom of speech, conscience, assembly, association and movement. These are subject to 'reasonable restrictions' (Section 25(4)) 'which are necessary in a democracy and are required in the interests of the sovereignty and integrity of The Gambia, national security, public order, decency or morality, or in relation to contempt of court.' To keep to the spirit of the Constitution, we would challenge the IGP to justify his decision to stifle the democratic process in this way, in accordance with these provisions. Helvetica BlackI am not aware 0100,0100,0100of moves to extradite Kanteh Times New RomanSays Senegalese High Commissioner0100,0100,0100 General Momodou Diop, Senegal's High Commissioner to The Gambia, has said that he was not aware of any move by the Senegalese government to extradite exiled former North Bank Division commissioner Alhagie Kanteh. 0100,0100,0100 The Gambia Government was allegedly involved in 'intensive moves' to secure the extradition of Mr. Kanteh who is reportedly in exile in Senegal. The Gambia government was reportedly attempting to convince the Senegalese authorities to extradite the former commissioner who was recently implicated in an alleged coup plot. Government's alleged intention to extradite the former commissioner was said to be provoked by recent statements allegedly made by him over Wal Fadjri a Senegalese private radio station, condemning Jammeh's administration. High Commissioner Diop who previously promised to contact the relevant Senegalese authorities to verify the claims told The Independent Friday that after consultations, he had not discovered any negotiations between government officials of the two countries on the issue. 'Honestly speaking, I am not aware of any such thing,' Mr. Jobe maintained. Reports had also linked a recent trip to Dakar by The Gambia's Foreign Secretary Dr. Sedat Jobe with efforts to have Kanteh extradited. However, during a press conference in his office Thursday, Dr. Jobe denied reports of any extradition moves against Kanteh, dismissing them as 'unfounded.' Dr. Jobe also denied knowledge of Gambian security officers recently fleeing the country, and dismissed claims suggesting that the officers had already been extradited from Senegal 'under the pretext of some theft charges.' Kanteh had recently told The Independent that he fled The Gambia not because he feared arrest but because he feared for his life. He had claimed that his life was 'threatened by NIA officers who came to arrest me.' 'The officers were emphasising the severity of the offence I had allegedly committed and were all armed. I did not remember committing any offence,' he had told The Independent. 'So for my safety I decided to escape,' Kanteh explained. Since then arrests involving some civilians accused of involvement in the alleged coup plot have been effected. It could be recalled that in 1996 the Senegalese government extradited Sulayman Sarr, Essa Baldeh and John Joof-Dampha for their alleged involvement in the 1996 Farafenni army barracks attack. In 1997 seven Gambian fugitives were also extradited to The Gambia by the Senegalese authorities. Gambian found dead on Rotterdam street0100,0100,0100 Musa Jarju, a Gambian in his '30s, was recently found dead on the streets of Rotterdam, a major town in Holland.0100,0100,0100 The late Musa was identified by one Lamin Gassama, also a Gambian. Up to press time, the cause of death was yet to be determined by the Dutch authorities. Muhammed Sanyang (Papa) a close relative of the deceased, said what killed Musa remained a mystery, but hoped that it would be unraveled soon. Family members of the deceased say they want to know the cause of Musa's death with help from the Gambian Embassy in Brussels, the Belgian capital. They believe that the Rotterdam police have already buried Musa. However, the grieving family has called for his body to be exhumed so he can be given a proper Muslim burial. Musa was born and raised in Brikama. He travelled to Holland in 1997 for a three-week holiday at the invitation of a Dutch friend but decided to stay on in search of greener pastures. Weekend burglary hits General Post Office0100,0100,0100 Impeccable sources close to the management of the Post Office have divulged to The Independent that a burglary took place at the General Post Office in Banjul over the weekend of 15th - 16th July.0100,0100,0100 The sources told The Independent that the theft took place within the Registration Department and parcels, important documents, letters and some amount of money were among the missing items. According to our sources, two people who were recently appointed as registration post personnel are assisting security officials in their ongoing investigations. The sources also reported that a number of people who had been notified of the arrival of their parcels or letters had gone to the post office only to be told there had been a burglary and that their mail was among the missing items. The Director of the General Post Office, Mr. Momodou Ceesay confirmed the burglary and said the matter was still under investigation. He said he believed that the burglary 'was the work of a person or people within the post office here.' Mr. Ceesay said he had 'written to notify the Inspector General of Police and Permanent Secretary at the Department of Information about the whole incident.' Immigration officers condemned 0100,0100,0100for alleged heavy handedness A number of residents living near the Immigration Post in New Jeshwang have complained of immigration officers' 'heavy handedness' towards arrested immigrants in their custody. 0100,0100,0100 Six residents of the area called The Independent last week to voice their concern at the way officers at the post allegedly treated some of the captured immigrants in the Serrekunda area. According to the residents, the officers treated many immigrants with 'brutality and disdain' and were fond of using abusive language, slapping and even punching some arrested foreigners. They also alleged that the officers sometimes insisted on arresting immigrants even when they produced valid identification cards and permits. One resident, Mari, complained that they sometimes found it hard to sleep at night because of 'the bawling of some of the detained immigrants calling for help.' The residents also complained of the 'tight, unpleasant and not well ventilated room' in which they lockup the arrested immigrants. They called on the authorities concerned to look into the matter without delay. 'We have sons, daughters and relatives who always travel to countries in the sub- region. Since we would not like them to be maltreated by officials in those countries then we will not condone our immigration officers acting in such a way,' one resident said. When contacted, Immigration Director Sheriff Faburay said it was 'normal for immigration authorities to clamp down on suspected illegal immigrants from time to time. This is just a one-week exercise so why are people complaining?' he added. Mr Faburay also said that when he visited some countries in the sub-region he was 'horrified to see how Gambian immigrants were constantly being clamped down on.' He said he had recently returned from a visit to Angola where he was surprised to be denied access by Angolan authorities to see the conditions under which some Gambians were being detained. Copyright 2000 QuantumNET ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------