Annika, Thank you for putting it out so clearly. Malanding [log in to unmask] wrote: > 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. > ---------------------------------------------------------------------------- > ---------------------------------------------------------------------------- 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. ----------------------------------------------------------------------------