Annika, I share your summary that the government does not have convincing evidence to prosecute the case , but i'm not of the view that the government is embarrassed because it simmply does not exist in the government's vocabulary. Beran >From: Annika Renberg <[log in to unmask]> >Reply-To: The Gambia and related-issues mailing list ><[log in to unmask]> >To: [log in to unmask] >Subject: Dumo - Summary of events >Date: Wed, 13 Jun 2001 09:09:06 +0200 > >Friends on the L, > >I think it is good to have access to this summary when you go through the >statements published by Ebrima Ceesay. Look at the dates when the >statements were made and ask what took the state so long to prosecute. It >certainly looks as they are embarrassed by something. This summary was made >by me and has been sent to Amnesty and other institutions and authorities. > >Regarding the authenticity, I am convinced. > >Annika (Dumos wife) > >SUMMARY OF EVENTS > >Momodou Ousman (Dumo) Sarho > >24 June 2000 Abducted from his family compound in London Corner, >Serrekunda, The Gambia, by three men in an ash-coloured vehicle (BMW; BJL >3716A). Mr Sarho was allowed to inform his mother that he was being >arrested and taken to Banjul. One of the men was later identified as one >Alhaji Moor, son of late Peterson Jobe. > >The same evening Banjul Police Head Quarter denied any knowledge of Mr >Sarho - including having him under custody. Attempts to reach the NIA >(National Intelligence Agency) for confirmation was fruitless during the >whole weekend. > >26 June The NIA denied having detained Mr Sarho. A formal complaint, >reporting Mr Sarho as abducted/missing, was submitted to Banjul Police. > >27 June Amnesty International - Gambian branch office was informed. > >30 June An open letter to the Attorney General of The Gambia was submitted >to his office. > >Copies were distributed to the local newspapers, as well as human rights >organisations both locally and internationally. > >10 July African Commission of Human & People's rights was notified. > >14 July The State (Inspector General of Police, NIA and the Attorney >General) represented by one lawyer Wowo was called to answer to the Banjul >High Court on the matter of Modou Sarho's arrest and detention. In their >affidavit they then admitted having him and that he was suspected of >planning to overthrow the government by force and to have attempted to kill >the head of state in order to seize power. The state further claimed that >it would have detrimental effects to both the investigation and the public >if Mr Sarho and his co-suspects were released (Ruling in the case was >scheduled to July 18th) > >14 July Mr Sarho, together with 5 others, were taken to Kanifing Magistrate >were they were said to be suspected of treason on two accounts: > > 1.. March 1999 - June 2000 having planned to overthrow the Gambian >government by > force. > > 2.. March 1999 - June 2000 having attempted to kill the president of >the Gambia. >The prosecutor explained that: > > 1.. She was aware that treason was a too serious crime to be heard by >the Magistrate > 2.. She had not been given enough time to go through the evidences. > 3.. Provided she found the evidences binding, she promised to file >charges in the High court on Monday July 17th. > 4.. She further appealed that the suspects should be kept in remand, >since "treason is not a bailable offence" >The magistrate ruled that the suspects should be kept in remand and >complimented the prosecutor for her intention to file charges >expeditiously. No lawyer to assist the suspects was present at the hearing. > >18 July In Banjul High Court, Judge Mam Yassin Sey, ruled in the case of Mr >Sarho's arrest and detention, that it was clearly against the Constitution >and laws of the Gambia as well as the African Charter of Human Rights. She >explained that Mr Sarho's basic human rights - granted to him in the >Constitution - had been seriously violated. She further stated that, had it >not been for the magistrate ruling from Kanifing, of which she were not >aware at the time of the hearing, she (Judge Sey) would have ordered for Mr >Sarho's immediate release. > >The state explained that they intended to appeal the ruling. > >18 July Mr Tambadou, lawyer, wrote a letter to the Secretary of State for >Interior, appealing for a permit to visit Mr Sarho in his place of >detention. Referring to the serious crime of which Mr Sarho was suspected, >Mr Tambadou emphasised the need for legal counselling. > >27 July A second open letter was addressed to the Attorney General of the >Gambia. > >19 August The Secretary of State for Justice during a Press Conference on >the issue of illegal detention of Mr Dumo Sarho and others, said that: " >Those who expect to enjoy the rights guaranteed in democracy must play by >the democratic rules. No one expects government to treat anyone, bent on >under-mining its very existence as if he only committed a minor traffic''. >And he added that due to the nature of the case, families and lawyers have >been denied access to the detainees. > >19 October A motion was heard by Justice Kabalata in the Banjul High Court, >regarding the right to file an appeal against the ruling in Kanifing >Magistrate, although the stipulated time for filing an appeal was overdue. >No representative for the state was present and the hearing was adjourned >for 30 minutes, while attempts were made to call a representative. Since no >one appeared, Justice Kabalata decided to proceed and finally ruled that Mr >Sarho's legal representatives should be granted the right to appeal against >the ruling of Kanifing Magistrate in the High court, > >25 October An appeal against the ruling in Kanifing Magistrate was filed at >the High Court in Banjul. > >30 October The lawyers, Mr Tambadou and Emanuel Joof were informed by the >High court, that the State, referring to the fact that they had not been >represented at the hearing on October 19, objected to the ruling. The >matter was therefore scheduled to be heard again, on November 15th 2000. >(The objection was finally recognised and the right to appeal was >withdrawn) > >Throughout this time, neither the lawyers nor any family member, had access >to see Mr Sarho. His place of detention was not known. Direct approaches to >the Police HQ, the NIA HQ and the Mile II prison, by both family members >and the lawyers were all met with denials. Repeated attempts to seek >audience with the Attorney General for clarification on the matter were >fruitless. The Ombudsman was contacted but explained since the matter had >reached the court level there was nothing he could do. > >16 November Was the first time it became public knowledge that Mr Sarho was >held at Mile II prisons his wife was allowed to visit him. > >19 December Modou Sarho was brought to court together with six others >(Ebrima Barrow, Ebrima Yarbo, Momodou Marenah, Lt Lalo Yaiteh, Lt. Omar >Darboe and Abdoulie Sanyang)*. They were accused of - between the months of >March 1999-June2000 - > > 1.. conspiring to overthrow the government of The Gambia by force > 2.. attempting to kill the head of state Yahya Jammeh > 3.. preparing to overthrow the government by unlawful means > 4.. attempting to overthrow the constitution of The Gambia in order to >overthrow the government >The hearing was adjourned until January 11. > >2001 > >11 January The hearing proceeded. The only thing discussed was the issue of >trial by judge versus jury. Adjourned until February 5. > >5 February Still no conclusion on the procedures. Adjourned until February >20th . > >20 February Still no conclusion on the procedures. Adjourned until March >6th. > >6 March Adjourned until March 12th due to "Tobaski". > >12 March Justice Grante declares that a single judge in High Court has no >jurisdiction to hear the treason trial, and referred the case file to the >chief justice to assign three judges to proceed with the trial. > >June 2001 From what we have heard, three High Court judges have been >appointed - Grante, Kabalata and Janneh - two of which seem to be still >awaiting the renewal of their respective contract. As a consequence, no >date has yet been set for the next court hearing. > >*Note: most of the accused had never met each other before their arrest. It >has also become clear that Mr Sanyang, who was arrested long after the >others and throughout held at the NIA, has been free on bail since December >19th. > >---------------------------------------------------------------------------- > >To unsubscribe/subscribe or view archives of postings, go to the Gambia-L >Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html >You may also send subscription requests to >[log in to unmask] >if you have problems accessing the web interface and remember to write your >full name and e-mail address. >---------------------------------------------------------------------------- _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.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 You may also send subscription requests to [log in to unmask] if you have problems accessing the web interface and remember to write your full name and e-mail address. ----------------------------------------------------------------------------