Friends,
Allow me to take your time by sending you a copy of my second letter to the
AG of The Gambia. This was faxed to him today. Copies were also given to the
local newspapers, the EU Commission, Institute for Human rights and to
Emanuel Joof.
Annika
SECOND OPEN LETTER TO
THE ATTORNEY GENERAL OF THE GAMBIA
Dear Sir,
In my first open letter to you, dated June 29th 2000, I took the liberty to
appeal to you, both in your position as Attorney General of The Gambia and
as a former political comrade of my husband – Mr Modou (Dumo) Sarho - to
investigate the case of his abduction on June 24th and to act according to
the laws of The Gambia. In connection with that letter I was granted an
appointment with you on Monday 3rd July. You cancelled that appointment but
promised to write to me instead. Although I fully understand and respect
that your duties keep you very busy, I am still looking forward to your
response.
On Friday 14th July, at the Banjul High Court, my lawyers (Mr Emanuel Joof
and Bah Tambadou) represented me in a case where the Director General of the
NIA, The Inspector General of Police and The Attorney General were suspected
of unlawful arrest and detention of Mr Modou Sarho. The defendants
(including yourself) were represented by lawyer Wowo.
An affidavit from the Director of Internal Security, Mr Foday Barry,
declared that Modou Sarho and some civilians and military personnel had been
arrested on June 24th and that ”some recorded cassettes, which contained
plans on how to forcefully overthrow the government and other materials were
recovered from them.” The affidavit further stated that ”since the alleged
offence touches on state security, releasing the alleged offenders would
seriously affect further investigations and would also hinder the
investigation, which would not be of public interest.” Ruling in the case
was postponed until Tuesday 18th July.
Later on the same day, Friday the 14th July, the Inspector General of Police
issued a press release, stating that my husband and eight others (incl.
three absent), on that same day, had been brought to the Kanifing Magistrate
(Ms H.C. Roche) accused of treason on two accounts:
1. Conspiring (between March 1999 and June 2000) to overthrow the
government by
unlawful means and
2. “… between the months of March 1999 to June 2000 attempted to cause the
death of the
Head of State with a view to securing the overthrow of the Government
of The Gambia.”
In front of the Magistrate, Mrs Thomasi, representing the Inspector General
of Police, explained that she had very recently been provided with the case
file and would need the weekend to go through the evidence upon which – if
she found the evidence relevant – she would file the charges in Banjul High
Court on Monday the 17th July. The Magistrate agreed that the Kanifing Court
does not have the jurisdiction to hear a treason case and ordered that the
accused persons should remain in custody pending the filing of charges – if
any – at the High Court. The Magistrate also noted her satisfaction with Mrs
Thomasi’s promise to deal with the case expeditiously.
On Tuesday 18th July, Justice Mam Yassin Sey ruled in the case of “unlawful
arrest and detention”, that the long arrest and detention was against the
constitution and law of The Gambia and that Mr Sarho’s basic human rights,
as stated in the constitution, had been violated. She also noted that, since
Modou Sarho - after or simultaneously with the hearing - had appeared in
front of the Kanifing Magistrate and was ordered to be remanded in custody,
she – Justice Sey - was no longer in the position to order for his
unconditional release, which she would otherwise have done.
In a letter, dated July 8th, to the SOS for Interior, Mr A.M. Tambadou
applied to be allowed to visit Mr Modou Sarho at his place of detention in
order to be able to offer him legal advice with reference to the serious
crime he had been charged with. A copy of the letter was addressed to you.
Mr Tambadou has not yet received any reply. All attempts to meet with Mr
Sarho and/or find out where he is kept have been futile - during more than
one month while he has been kept “incommunicado”.
Sir, this my unexpected first hand experience of the Gambian judiciary
system has made me wonder about some contradictions that I have noticed.
Recently I had the pleasure of reading your speech from June 29th on the
application of international human rights law in The Gambia. In that speech
you elaborate on how international treaties of human rights are reflected in
Chapter four of the Constitution of The Gambia, especially Sections 19 and
24. Allow me to quote: ”This chapter provides for the protection of
Fundamental Rights and Freedoms” and ”we are proud to say that there is a
judicial system already put in place to ensure that any person alleged to
have committed an offence and consequently arrested, is held for a period
not exceeding 24 hours and entitled to be brought before court within 72
hours.”
In Daily Observer 7/7 I read about another of your speeches (from a dinner
hosted by the Nigeria High Commission) were you were said to have ”described
The Gambia’s judiciary system as a reference point in the world”. Then why
is it, that my husband and his co-accused are still, after more than one
month, held incommunicado? Why did the prosecutor, Ms Thomasi, not file the
charges with the High Court in Banjul on Monday the 17th July, as she
promised? Can it be because of lack of evidence? If so – why are my husband
and his co-accused not released immediately?
On Tuesday the 25th of July, Mr Kanta Jawo visited the BOKA LOHO Multi
Purpose Centre. Mr Jawo is the founder of and a teacher at the Boka Loho
Nursery School in Bunebore, Foni. Bunebore is a very small and very poor
village, not far from Kanilai. Mr Jawo told us that on July 16th he had been
picked up from his home in Bwiam, by 7 soldiers from the state guard in
Kanilai. They asked him about ”Dumo” and – handcuffed – he was brought to
spend the night at the police station in Sibanor. The following day he was
taken to the NIA headquarter in Banjul where he had to answer further
questions about Mr Sarho and make a statement. Yes, Mr Sarho has been in
Bunebore - thrice. Twice on treks up-country when we visited different boka
loho-groups. The third time (in April) he came back with some boka loho
students from the Skills Training Centre for a weekend of community work.
Then they all were busy making mud-blocks to rehabilitate the
school-building which collapsed during the rains last year. Mr Jawo spent
two nights at the NIA headquarter and after that he was allowed to sleep
outside but conditioned to report back daily for further questioning. Until
on the 25th, when he was told that he did not have to appear again.
This story strengthens my suspicion that whatever evidence the NIA says it
has – it does not seem to be enough to substantiate any charges.
Sir, again I appeal to you - in your capacity as the Attorney General and
Secretary of State for Justice, and thereby the Highest Judiciary Authority
in The Gambia - to interfere and let the laws of The Gambia rule – either by
charging my husband for a criminal offence or by releasing him
unconditionally.
Meanwhile, the lawyers and I are still awaiting a permit to visit Mr Sarho
in his place of remand, to at least ensure that he is alive.
July 27th, 2000
Yours faithfully,
(Annika Renberg)
Co-founder and volunteer of Boka Loho; wife of Mr Modou Sarho
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