Thanx Laye for sharing. I encourage this suggestion of Halifa's and I enjoin Mass Media organisations to consider award to all the GPU-6 and Ndey Tapha Sosseh for Gallantry and valor. All Gambian citizens are encouraged to do the little they can to include dedicating Ramadans and Lents until all captives of Yahya are released without prejudice. Foroyaa: You seem to be recommending a specific approach in handling the case of the 6 Journalists by the media. Could you explain your own recommendation on how this matter is to be handled? Halifa: I am of the view that people should not concentrate on the forest and lose sight of the tree. The issue is the comment made on Dyeda’s murder and the response made by the President of the Gambia Press Union. This is what is published by the Foroyaa and the Point. The Managing Editors of the two papers indicate that they authorized publication in order to allow divergent views and dissenting opinion to be published in defence of press freedom. Members of the Media family should lead the way in showing solidarity by proposing for awards to be given to Sam Sarr and Pap Saine for defending press Freedom regardless of the peril or the cost. They should show that the issue of Deyda’s murder is a concern to humanity at large and not individual opposition parties and should show the irony of having the 6 Journalists in prison while the murderer/murderers of Deyda are at large. This is how the media family could act in unison in pricking20consciences and move every person with conscience to act to remedy the situation. The media family should lead these actions to remedy the situation and should receive the solidarity of all persons of conscience. This is the way forward in handling this particular case. In my view, there is nothing wrong in opposition parties giving solidarity. What I would like to discourage is the making of thunderous condemnations and demands for their sake. Political demands are made when you have the agenda to back them to have it realized. Otherwise the demands amount to the paying of lip service to an issue which Sam is not interested in. I am therefore recommending for Media and the rest of civil society to lead in handling the case of the 6 Journalists. The bar association should lead in taking court action to deal with the issue of the constitutionality of laws and the tenure of judges. They should collaborate with all sectors to expose and find remedy to any deficits in the administration of law, the dispensation of justice, protection of human rights and adherence to the rule of law. Lastly the political parties should take the lead in exposing and finding remedy for all shortcomings in the Governance and electoral system and work out an agenda for electoral victory in 2011 by coming up with one candidate who will preside over a coalition Government and a transition of 2 to 5 years. They should also seek to have a National Assembly with a majority of members who would be able to repeal all laws whic h do not serve the public interest in the 2012 National Assembly elections. This is the realistic way forward. However, I take exception to the following from Halifa. I think it is short-sighted. Foroyaa: You are also noted for saying that if everything fails you will join Sam in prison, what do you hope to achieve? Halifa: You have heard people carry out hunger strike in order to draw attention to deficits in society which are detrimental to all. I consider that a defeatist strategy. Haruna: On the contrary, hunger strikes as form of empathy and conscience guide is not defeatist at all. Halifa has decided to join Sam in prison were the latter not to be released immediately. That is a form of demonstrating empathy and comraderie to Sam and like a hunger strike, it jogs erstwhile consciences. It is however extraneous to Gambian culture and traditions and No person may be forcibly imprisoned based only on their desire and heralding thereto. It borders on charlatanry. It sounds good, but instead of enticing prison authorities or the criminals to commit more crime, Halifa's freedom is more valuable in yielding Sam's freedom than Halifa's empathetic incarceration. Alongside Sam. That is too personal and lacks global value. I advise Halifa to reconsider method of demonstrating empathy. He has, in the except immediately above this one, enjoined all fellow citizens of the GPU-6 to engage in reversing the crime. How then can Halifa purport to discount the citizens' desired manner of demonstrating soli darity and yielding relief. Citizen hunger-strike is the veritable FOREST. Halifa's personal sacrifice on the behalf of Sam is the TREE in that FOREST. [In my case I have no state power.] Halifa. Exactly. [I cannot force those who control state power to do anything.] Halifa. Indeed. [It is the people who can vote them out. The next election is 2011.What I possess is my sovereign power to express myself to expose what is wrong and call for redress and the courage to be able to face death and March into prison for a just cause.] Halifa. Citizen hunger strike or other CHOSEN manner of demonstrating empathy and solidarity is the citizen's sovereign power to effect review and reconsideration from criminals and power-drunken officials. Much like a candle-light vigil. They not only expose what is wrong and call for redress, their good number accrues conscience revision and they indicate the lethargic and debilitating nature of the crime to the nation at large. Not only to Halifa. [I believe that if the elections find me in detention everyone will be convinced that I am not power hungry and I sincerely believe that many will vote for the candidate who will be ready to preside over a transition of 2 to 5 years as a protest vote.] Halifa. It is unfortunate when we infuse political fortunes in such global aversions. I encourage Halifa to resist the temptation. You must remmember that whether your cause is genuine or trifle, the infusion of other interest in't s erves to pollute the conscience and goodwill so accrued. No matter the character of the interest. [We have always prepared ourselves to be the sacrificial lambs of Gambian society.] Halifa. It will be more expeditious and proper to avail the Gambian citizens the possibility of offering themselves as sacrificial lambs for their feloow citizens. That notion necessarily engulfs Halifa's person. And were Halifa to be in the position of power and were wont to be drunken with it, the citizens are well prepared to neutralize these and those extremities. [I must say that Sam had been central to my mission to consolidate the sovereignty of the people in the Gambia and Africa. I was 17 years when I left the Gambia for further studies. I did not know many people when I got back. It is Sam who enabled me to know Sidia Jatta and all the humble and dedicated people we have worked with away from the public eye.] Halifa. The wrongful incarceration of the GPU-6, which includes Sam, is much bigger than Halifa or Sidia's person or their missions. All humanity and journalists are aversed. I encourage more sobriety in the manner we approach it. Allez!! On the whole, I thank Halifa for his enthusiasm to offer himself as sacrificial lamb. I encourage him to parlay that individual desire to general consideration. Not by handicapping his own person but by encouraging citizen desires to demonstrate empathy and yield greater reliefs. Haruna. -----Original Message----- From: A Jallow <[log in to unmask]>0ATo: [log in to unmask] Sent: Tue, Aug 25, 2009 1:25 am Subject: Fw: Interview with Halifa Sallah on the six Journalists Interview with Halifa Sallah on the six Journalists Author: Publisher | Date: 24-08-09 | Topic: Burning Issues Foroyaa: Could you give us an update on the developments regarding the case of the 6 Journalists? Halifa: We have been informed by Lawyer Lamin Camara that an appeal has been filed at the Court of Appeal. The Prisons Act is very clear on this. Section 33 of the Prisons act states that: 1) immediately on admission every convicted criminal prisoner shall, if he has a right to appeal, be informed thereof and of any conditions governing such appeal.” 1) “Any prisoner who properly notifies the officer in charge of his (her) intention to appeal shall be given all necessary facilities for prosecuting such appeal.” 2) “From the date of entering into a recognizance to prosecute an appeal each prisoner shall be known and treated as an appellant.” A copy of the grounds of appeal has been received from him. Hence the 6 journalists should now be treated as appellants and should be given all necessary facilities for prosecuting such appeal. Foroyaa: Could they write letters receive visitors and receive reading materials? Halifa: The Prison rules need updating. They were not meant for a person living in the 21st century. As I have already said the situation of appellant is different from the situation of the convicted prisoner who is mere ly serving a sentence. Foroyaa: What is the difference? Halifa: The situation of the appellant is guided by the Prison (Criminal Appellants) Regulations 4 to 7 provides rights to one’s own clothing when going to court, visits, communication with legal advisers and written communications. Regulation 4 indicates that “An appellant when absent from prison under the foregoing regulation shall wear his own clothing.” Regulation 4 adds that 5. Due provision shall be made for the admission at proper times, and under proper restrictions, of persons with whom an appellant desires to communicate regarding his case, care being taken that, so far as is consistent with the interests of justice, appellants shall see their legal advisers alone. Regulation 6 indicates that “An appellant shall at his request be allowed to see his legal adviser (being his counsel, solicitor, or his solicitor’s clerk, if the clerk has written authority from his principal) on any weekday at any reasonable hour, and, if required, in the sight but not in the hearing of an officer of the prison.” Regulation 7 further states that “Paper and other writing materials to such extent as may appear reasonable to the goaler shall be furnished to any appellant who requires to be so supplied for the purposes of preparing his appeal. Any written communication so prepared for his counsel or solicitor is not to be sent out of prison without being previously inspected by the Superintendent of Prisons.” These are the rights of the appellants and we hope that they will be duly observed as the team for the appellants brace themselves for the commencement of their case. We will keep the readers informed of the date of the hearing of the appeal. We will find out whether the court records are accessible to the 6 journalists or the counsel and whether Judges would be available to hear the appeal as soon as possible. Foroyaa: What then is the fate of the prisoner who is not an appellant? Halifa: The provisions governing the operations of the prisons states under rule 39 that: (1) Every prisoner serving a sentence of over six months will serve his sentence in accordance with the system known as the progressive stage system. After the completion of six months of any sentence, the prisoner will, if considered fit by the Superintendent by reason of his good industry and behaviour, be placed in stage 1, when he will be allowed one letter and one visit every three months and 1 library book per month. After twelve weeks in stage 1, he will, if considered fit by the Superintendent by reason of good industry and behaviour, be placed in stage 2 when he will be allowed one letter and one visit every two months and two library books per month, and be allowed instructional classes during the evenings. After twelve weeks in stage 2 he will, if considered fit by the Superintendent by reason of good industry and behaviour, be placed in stage 3, when the prisoner will be allowed one letter, one visit, evening classes a nd three library books per month, until the end of his sentence, if such sentence is less than three years, counting remission. Foroyaa:What then could one do to facilitate Prison reform? Halifa: The Minister has powers to make rules and regulations and should be following what is written in the press, the comments at the National Assembly, and the petitions from prisoners and the reports of Prison Visiting Committees in order to update the rules and regulations of the prisons to ensure that they are in accordance with international standards. In many countries where civil societies develop to promote social policy reforms usually come through advocacy by such associations for prison and other reforms. Foroyaa: Have you received a reply to your letter to the President? Halifa: Open letters are in the form of a petition. What is important is for the letter to have persuasive influence. Such letters are not usually the decisive factors which bring about changes in Government policy or position. It takes a combination of initiatives before a Government could locate its interest in making one decision or the other, that is, if the Government is mature enough to use information as raw material to determine what is in the enlightened interest of a Nation. Foroyaa: You seem to be recommending a specific approach in handling the case of the 6 Journalists by the media. Could you explain your own recommendation on how this matter is to be handled? Halifa: I am of the view that people should not concentrate on the forest and lose sight of the tree. The issue is the comment made on Dyeda’s murder and the response made by the President of the Gambia Press Union. This is what is published by the Foroyaa and the Point. The Managing Editors of the two papers indicate that they authorized publication in order to allow divergent views and dissenting opinion to be published in defence of press freedom. Members of the Media family should lead the way in showing solidarity by proposing for awards to be given to Sam Sarr and Pap Saine for defending press Freedom regardless of the peril or the cost. They should show that the issue of Deyda’s murder is a concern to humanity at large and not individual opposition parties and should show the irony of having the 6 Journalists in prison while the murderer/murderers of Deyda are at large. This is how the media family could act in unison in pricking consciences and move every person with conscience to act to remedy the situation. The media family should lead these actions to remedy the situation and should receive the solidarity of all persons of conscience. This is the way forward in handling this particular case. In my view, there is nothing wrong in opposition parties giving solidarity. What I would like to discourage is the making of thunderous condemnations and demands for their sake. Political demands are made when you have the agenda to back them to have it realized. Otherwise the demands amount to the paying of lip service to an issue which Sam is not=2 0interested in. I am therefore recommending for Media and the rest of civil society to lead in handling the case of the 6 Journalists. The bar association should lead in taking court action to deal with the issue of the constitutionality of laws and the tenure of judges. They should collaborate with all sectors to expose and find remedy to any deficits in the administration of law, the dispensation of justice, protection of human rights and adherence to the rule of law. Lastly the political parties should take the lead in exposing and finding remedy for all shortcomings in the Governance and electoral system and work out an agenda for electoral victory in 2011 by coming up with one candidate who will preside over a coalition Government and a transition of 2 to 5 years. They should also seek to have a National Assembly with a majority of members who would be able to repeal all laws which do not serve the public interest in the 2012 National Assembly elections. This is the realistic way forward. Foroyaa: You promised that if local solutions are not found to the incarceration of the 6 Journalists you may seek sub-regional and other initiatives, How far have you gone? Halifa: These initiatives are not mutually exclusive. They usually go hand in hand. I am making all the necessary contacts and will play my part accordingly. I will give updates as and when necessary. Foroyaa: You are also noted for saying that if everything fails you will join Sam in prison, what do you hope to achieve? Halifa: You h ave heard people carry out hunger strike in order to draw attention to deficits in society which are detrimental to all. I consider that a defeatist strategy. In my case I have no state power. I cannot force those who control state power to do anything. It is the people who can vote them out. The next election is 2011.What I possess is my sovereign power to express myself to expose what is wrong and call for redress and the courage to be able to face death and March into prison for a just cause. I believe that if the elections find me in detention everyone will be convinced that I am not power hungry and I sincerely believe that many will vote for the candidate who will be ready to preside over a transition of 2 to 5 years as a protest vote. We have always prepared ourselves to be the sacrificial lambs of Gambian society. I must say that Sam had been central to my mission to consolidate the sovereignty of the people in the Gambia and Africa. I was 17 years when I left the Gambia for further studies. I did not know many people when I got back. It is Sam who enabled me to know Sidia Jatta and all the humble and dedicated people we have worked with away from the public eye. Foroyaa: What if they fail to detain you? Halifa: It would then be irrational to leave me to say everything only to imprison Sam for publishing the little thing that someone had said which is considered to be seditious by the court. What is there for the APRC to gain? If a party does not=2 0have the people it does not have anything. I can assure you that many people cannot digest having 6 Journalists in prison while the murderers are at large. The future will tell. ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask]