A Note to the President The Independent (Banjul) OPINION August 31, 2001 Posted to the web August 31, 2001 Annika Renberg, Detainee's Wife Banjul, the Gambia Justice delayed is justice denied is a quotation that I think rightly reflects the intention and essence of the Constitution of The Gambia, with regards to the basic human rights granted to all the citizens. Let me quote from Chapter IV - Protection of fundamental rights and freedoms. Section 19 (1): "Every person shall have the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention." My husband, Mr Momodou (Dumo) Sarho was apprehended in his street on June 24th 2000. Section 19 (2): "Any person who is arrested or detained shall be informed within three hours of the reasons for his or her arrest or detention and his or her right to consult a legal practitioner." My husband, Mr Momodou (Dumo) Sarho was not informed about the reasons for his detention. He was just dumped in a cell at the NIA for three days after which he was interrogated and eventually signed a statement on July 4th 2000. No legal practitioner was informed. Section 19 (3b): "Any person who is arrested or detained and who is not released, shall be brought without undue delay before a court and, in any event, within seventy-two hours." My husband, Mr Momodou (Dumo) Sarho was not taken to any court until after three weeks. On the 14th of July he was brought to Kanifing Magistrate who ordered his remand while awaiting eventual proper charges in the High Court. This was the first time he was informed that he was suspected of treason. (Magistrate courts have no jurisdiction to hear treason cases) Section 19 (5): "If any person arrested or detained is not tried within a reasonable time he or she shall be released either unconditionally or upon reasonable conditions." On July 14th the public prosecutor promised to examine the evidences and file charges in High Court on July 17th if she found the material binding. The charges were not filed as promised and he has still not been tried. Section 19 (6): " Any person who is unlawfully arrested or detained shall be entitled to compensation." On July 18th, Justice Mam Yassin Sey ruled that the arrest and detention of my husband had been unlawful but since the Kanifing Magistrate had ordered for his remand, he could not be released. Section 21: No person shall be subject to torture or inhuman degrading punishment or other treatment. For three weeks my husband was only given food once a day. For three weeks he was kept without possibility to even wash himself. For five months he was kept totally incommunicado. That is both torture and inhuman degrading treatment. Section 24 (3): "Every person who is charged with a criminal offence - Shall be presumed innocent until he or she is proved, or has pleaded guilty. At a press conference in August, the Attorney General indicated that by subjecting themselves to being suspected of treason, my husband and his co-suspects, has forfeited their constitutional rights and could not expect to be treated "as for a traffic offence". But no guilt has yet been proved or pleaded. Section 24 further states that: "Provided that where a person is charged with an offence which carries a punishment of death or imprisonment for life, that person shall be entitled to legal aid at the expense of the State." Until the 16th of November no lawyer had any possibility to see the accused. The Gambia is not under any declared 'state of emergency' but even if that had been the case, the constitution is very clear on how the rights of detainees should be respected: Section 36 (1) "Where a person is detained the following provisions shall apply - He or she shall, as soon as reasonably and practicable and in any case not later than twenty four hours after the commencement of the detention, be furnished with a statement in writing, specifying in detail the grounds upon which he/she is detained." In the beginning of December, after more than five months, my husband was finally served with the formal accusation in writing. "The spouse, parent, child 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." Since the first day of my husbands abduction, the Gambian authorities (i.e. the Police, the NIA, the Attorney General and the Prison authorities categorically denied any knowledge of my husband's whereabouts. Even after the Magistrate's ruling in Kanifing when the suspicions against him were made public, the authorities continued to deny having him under their custody. For five months, my husband and his co-suspects had no contact at all with any family member. This treatment is not only unconstitutional and unlawful, but indicates a governmental contempt for civil rights and democracy. I also happen to know that my husband in no way has tried to overthrow the government with unlawful means, let alone attempted to kill you, Mr President. I am convinced that a fair trial will prove me right. Unfortunately, by now I have come to doubt the quality and trustworthiness of the judicial system in The Gambia. A trial started in Banjul High Court on December 19th 2000. The hearings were halted on March 12th 2001. Until then the only thing treated was the procedures of the trial. By now almost 14 months have passed. Months, when my husband and his co-suspects have been - and still are -kept "like animals" in the security wing of Mile II prison. Where are their human rights? I have the greatest respect and love for The Gambia and it's strive towards development. My husband, Mr Momodou (Dumo) Sarho is a genuinely concerned citizen who, since his return in 1995, has devoted all his time to encourage and participate in development work. It is a disgrace for the Government to be unable to - at least - safeguard his fundamental rights according the law. Mr President, I would like to call upon you - in your capacity as the Head of State as well as an Honorary Doctor of Civil Law - to question yourself honestly. Where is your dignity and integrity as a servant of the nation when you can permit the most important fundament of The Gambia - it's Constitution - to be violated in such an obvious way? _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp ---------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------