Thanks Haruna and LJD. I think we are all making valid points. However, for me it is about what is most likely to give efficacy to our ultimate objective. In that regard and notwithstanding your reservations, I still believe the Ecowas court route is the best option. That is not to say it is the perfect option and I have already conceded that this too is fraught with difficulties in terms of getting effective remedy. That does not however mean that effective remedy is not attainable through this route. Yes, the state initially ignored the Chief Manneh case but when pressure started mounting from all corners of the globe, the government through Ma Marie Saine-Firadus , the then Attorney-General, announced their intention to appeal against the ruling and also not long ago, they conceded the idea of a UN investigation into the matter. That shows that shame and pressure have already been brought to bear and that the Ecowas Court route does work. If they had a choice, they would not have gone this far. I accept your point that the Ecowas Court is not likely to accept itself to be used as a court of first instance. However, this is just a general rule rather than a strict requirement that one has to exhaust domestic remedies first. There are exceptions to this and as a matter of fact; neither the Chief Manneh case nor that of Musa SaidyKhan started in the domestic courts. See Prof. Karikari’s statement below in Chief Manneh’s case; *The third witness (PW3), Professor Kwame Karikari, is a native of the Republic of Ghana and a professor with the University of Ghana , Legon. He is the executive director of an organization called the Media Foundation for West Africa which has correspondents in each of the fifteen countries of ECOWAS. They monitor issues that concern the media and press freedom. Professor Kwame Karikari does not know the plaintiff in person, but as a journalist, who was working with the **Daily Observer** in The Gambia. The organization received information that the plaintiff had been arrested and detained without any criminal charge(s) preferred against him in July 2006. This information was confirmed when they contacted other media men in The Gambia. The Media Foundation contacted lawyers in The Gambia to facilitate the release of the plaintiff but they were advised that they could not obtain justice in The Gambia so they should pursue the matter before the Community Court of Justice, ECOWAS.* * * This means that the Ecowas Court have already accepted the fact that effective domestic remedy is not attainable in The Gambia. Therefore, the exceptional rule you alluded to does apply to all cases of prolong detention without trial in The Gambia and that gives the Ecowas Court no choice but* to *accept Gambians using it as a first port of call in all cases of detention without trial and/disappearance without trace so long as effective domestic remedy remains unattainable. This is what has been established as a matter of precedent. Suffice it to say, the case history of Ousman Rambo Jatta and Kanyiba Kanyi in the domestic courts have painted a strong picture of lack of attainable domestic remedy in The Gambia and that too invokes the exceptional rule on standing at the Ecowas court. The other point is that; we need to make sure that funds are not only appropriated in a just course but appropriated in a manner that is prudent and cost effective. I don’t think that could be achieved using the domestic courts as that would lead to nothing but utter wastage. My concern with the Imam Leigh case is that given the continuing detention of the Imam himself and this is not likely to end soon, if the family is not willing to cooperate with the sui at the Ecowas court for whatever reason, nobody else will be deemed to have sufficient interest in the matter to file a case at the Community Court and that would grind everything to a halt. For that reason, one may consider the domestic court route to give the family some kind of courage to go for a higher level in the event that things don’t work there as I am absolutely sure they won’t. I do not foresee this to be a problem in the case Kanyiba Kanyi which should also be covered by this initiative. I am still in support of The Defence Fund Initiative but I think a lot needs to be worked out if we are going to deliver any meaningful result. It is not about Imam Baba Leigh per se but all victims of prolong detention without trial and that includes Imam Baba Liegh. Thanks Daffeh On Monday, 25 March 2013, Haruna <[log in to unmask]> wrote: > JDAM, given Daffeh's significant points and your comprehensive review, I share your sentiments below vis:The proposed Defence Fund must be an amalgam of the domestic and the international. And given its general nature (not restricted to Imam Leigh but for all similarly-situated victims of Yahya), I encourage us to begin putting this Fund together. > > As to satisfying the judgement, that cannot be regarded as irrelevant at all. The point is clearly that Manneh, and Saidykhan, or their estates, will get their judgments against the Gambian state in due course. But accepting, for the purpose of argument your postulation that the succession issue is irrelevant, what is the point of starting with the ECOWAS Court if that too cannot enforce its judgments against the Gambia as demonstrated in the Manneh, and Saidykhan cases. I am unsure efforts to internationally shame Professor Jammeh got us anywhere so far. > The ECOWAS Court is clearly an option, but it cannot accept Gambians using it as a first port of call in all cases. The proposed Defence Fund must be an amalgam of the domestic and the international. Gambia is the battleground, and Gambia is where we can make greater impact over time. JDAM > > Haruna. > -----Original Message----- > From: Lamin Darbo <[log in to unmask]> > To: GAMBIA-L <[log in to unmask]> > Sent: Sun, Mar 24, 2013 7:53 pm > Subject: Re: [G_L] [>-<] Imam Baba Leigh > > Daffeh > The Chief Manneh and Musa Saidykhan cases fit under the exceptional circumstances I mentioned. In the case of Manneh, the State accepted no responsibility for his whereabouts and the matter could therefore not proceed domestically. He was effectively denied any domestic remedy and this could have been a factor in the ECOWAS Court accepting that he exhausted domestic remedies. In the case of Musa Saidykhan, the torture meted out to him was so severe he could end up dead by remaining in The Gambia and pursuing legal action in the domestic courts. He was also effectively denied a remedy in the domestic courts. > As to satisfying the judgement, that cannot be regarded as irrelevant at all. The point is clearly that Manneh, and Saidykhan, or their estates, will get their judgments against the Gambian state in due course. But accepting, for the purpose of argument your postulation that the succession issue is irrelevant, what is the point of starting with the ECOWAS Court if that too cannot enforce its judgments against the Gambia as demonstrated in the Manneh, and Saidykhan cases. I am unsure efforts to internationally shame Professor Jammeh got us anywhere so far. > The ECOWAS Court is clearly an option, but it cannot accept Gambians using it as a first port of call in all cases. The proposed Defence Fund must be an amalgam of the domestic and the international. Gambia is the battleground, and Gambia is where we can make greater impact over time. > With the dual approach, I think you should commit to supporting this proposed noble project. > > > LJDarbo > ________________________________ > From: UDP United Kingdom <[log in to unmask]> > To: [log in to unmask] > Sent: Sunday, 24 March 2013, 22:51 > Subject: [G_L] [>-<] Imam Baba Leigh > > Thanks LJD. My philosophy is not, however, in support of the begging mentality or the sitting on your rights syndrome. As a matter of fact; I consider such acts as unconscientious and a grave threat to the fundamental rights and freedoms of all Gambians beca > ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ 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] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤