Court Victory for Dumo Sarho Appeal Case Thrown Out

http://allafrica.com/stories/200307140808.html

The Independent (Banjul)
NEWS
July 11, 2003
Posted to the web July 14, 2003

By Ejatou Jallow
Banjul

The Appeal Court presided over by three judges on Monday struck out an
appeal filed by the state, challenging a ruling delivered by former Justice
of the High Court Mam Yasin Sey, stated that Momodou Dumo Sarho's
fundamental right to personal liberty guaranteed to him by section 19 of
the country's constitution was breached.

The latest ruling further stated that the 1997 constitution has been
violated by his arbitrary arrest on the 24 June 2000 without being charged.
It unequivocally declared that the "arrest and detention of Momodou Dumo
Sarho of Serrekunda London Corner on the 24th day of June 2000 by the State
Agents of the 1st to the 3rd defendants is inconsistent with and in
contravention of section 17, 19 (1), (3) (b) of the constitution of the
Gambia and is a violation of articles 1, 2, 3, 4, 5, 6, 7 (b) (d) of the
African Chapter on Human and Peoples Rights".

Meanwhile, the declaration pointed out that Dumo's continuing detention by
state security agents is inconsistent with 17, 19 (1) (2) (3) (b) and 21 of
the country's constitution and is a violation of articles 1, 2, 3, 4, 5, 6,
7, (1) (b) of the African Charter on Human and Peoples Rights.

An order was also released compelling the first and third defendants by
themselves or by their servants, officers or agents to release Dumo Sarho
unconditionally.

In last Monday adjournment date the counsel for the defendant Ba Tambedou
reminded the court that it is almost three years since the case was
introduced on baseless charges and urged the court to throw it out
accordingly.

"Since the appeal was instituted for almost 3 years and the appellant has
shown no serious move to pursue, I have strike out the case" the presiding
judge declared.




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