Foroyaa Newspaper Burning Issue
Issue No. 72/2006, 1-3 August, 2006
Editorial
DETENTION WITHOUT TRIAL
Buba Sanyang, Malick Mboob, Duta Kamaso
Detention without trial has become a common feature of The Gambia. The case
of Buba Sanyang, Malick Mboob, Duta Kamaso and the rest are just examples
The Red Cross needs to visit these people where they are kept to determine
whether the food they eat and the conditions in which they are kept are fit
for a human. Do they receive three square meals a day?
In a civilized society deprivation of liberty is limited to a reasonable
time of establishing certain facts to avoid interference with investigations.
However during the time that one is deprived of liberty one is presumed
innocent and eventually released or taken before a court. Under the Gambian
Constitution the limit to detention without trial is 72 hours.
Needless to say, during detention one is not supposed to be subjected to any
inhuman or degrading punishment. A civilized country is not supposed to have
jail without an enclosure to prevent infestation with mosquitoes. A
civilized country would not allow prisoners to get pneumonia by lying on the bare
floor with ashes spread on it. A civilized country will not accept torture and
other inhuman punishment to get confession. Physiologists have established
that some confessions are made under duress. This is why torture is seen as a
crime against humanity. Anybody who tortures a person is also capable of being
a slave owner. Only a person with a heart of stone can torture a fellow
human being and still sleep with a free conscience.
Any state that condones torture should indeed be isolated from the rest of
the civilized world.
“NIA DIRECTOR IS A LAW BREAKER”
SAYS HALIFA
By Bubacarr K. Sowe and Yaya Dampha
Halifa Sallah, the Presidential candidate for the National Alliance for
Democracy and Development (NADD) has indicated that Harry Sambou, the Director
General of the National Intelligence Agency is a lawbreaker, and is grossly
violating the constitution.
Addressing a Press Conference at the NADD headquarters on Wednesday, Mr.
Sallah said that the continuous detention of Buba Sanyang, a militant of NADD by
the NIA is geared towards undermining his campaign and intimidating his
supporters.
“I have the conviction to make this loud and clear that Buba is under arrest
and they are yet to say why he was arrested. The Director General of NIA has
spoken after 72 hours and he claimed Buba is still lawfully detained. Either
the Director General of NIA does not know what is in the constitution or he
prefers to honour it with gross disregard,” he said.
Sallah added that the constitution has spelt out that an arrestee should be
informed within three hours why he or she is arrested and should be allowed
to see a legal adviser.
“He has failed to do that. Therefore he is a lawbreaker, he has failed to
honour tin this regard. Secondly within 72 hours, you should take the person to
a court or you release him. He is not released or taken before a court.
Worst than that, the Election Decree makes it very clear what should happen
during election period. It say “The Commission may in its own name institute
criminal proceedings for any offences committed under this act or refer such
offence to the Attorney General for Prosecution,” he pointed out. Hon. Sallah
continued to quote section 129 of the decree, “The Inspector General of Police
shall, on the request of the Commission, assign to the Commission such number
of Police Officers as the Commission may require during the period of
registration of voters and the conduct of election. (2) A Police Officer assigned to
the Commission shall, during his assignment be under the control and
direction of the Commission. (3) Every Police Officer assigned under this section
shall serve the Commission from the period of the commencement of registration
of voters or the conduct of elections until (a) three days after the end of
registration and (b) seven days after the declaration of election results.”
Sallah added that they have written to the IEC and has called on the
Security Agency to desist from intimidating his supporters. He added that he would
not compromise any interference in his campaign.
Mr. Sallah further called on the NIA Director General to desist from using
the media to speak on election matters. The NADD flag bearer said it is
unconstitutional for security heads to talk on election matters. He said it is
unlawful and amounts to intimidation of supporters. Sallah said when Buba was
initially arrested they took food for him and it was accepted but later when
they took food for him, they were told that Buba is not there. He enquired what
Buba is eating whether he is sleeping under mosquitoes and whether he is in
good health.
Henry Gomez Joins UDP/NRP Alliance
By Bubacarr K. Sowe
Henry Gomez, the leader of the Gambia People’s Democratic Party (GPDP) has
declared that he has joined the UDP/NRP alliance. Mr. Gomez’s move to the
UDP/NRP camp was announced on Thursday at a news conference held at the UDP
bureau in Banjul. Gomez said that his party has opened the door for every body and
he is ready to work with Hamat Bah and Ousainou Darboe, which he said, “
every Gambian should do.” “We are ready to work with any Party as far as the
party or person is ready for peace and betterment of the Gambia,” Gomez
expressed. Ousainou Darboe, UDP’S Presidential Candidate said that his Party will not
tolerate the participation of civil servants in politics. Hamat Bah said
that he is calling on Gambians to join the UDP/NRP alliance which he believes is
the only front that can uproot Jammeh’s regime.
NDONDI NJIE STILL IN DETENTION
By Abdou Yanka
Mr. Ndondi Njie, the former Chairman of the Independent Electoral Commission
who was arrested by the Security Forces shortly after the completion of the
supplementary registration exercise, is still under detention at the National
Intelligence Agency in Banjul.
Sources close to the NIA informed this reporter that Mr. Ndondi Njie is
still at their office and that he is in good health. The source however said Mr.
Njie is however not yet charged. It should be noted that the constitution
stipulates that when a person is arrested, he/she should be brought to a Court
within 72 hours or released. Mr. Njie’s detention is over seventy two hours
and therefore unconstitutional
WHERE IS SHERIFF DINO HYDARA?
By Abdou Yanka
Alhagie Sheriff Dino Hydara of Fonni Wassadung is said to have disappeared
since last week. According to family members, four people visited the
marabout at his home and informed him that he was under arrest. It is alleged that
he told his arrestor that he want to enter his house. It is reported that he
was granted permission to enter his house. It is alledged that when Sheriff
Dino entered his house, he over stayed to the extend that his arrestors
decided to followed him into the house in search of him, but was no where to be
found. It is also alledged that the security agents searched the whole of his
house and the compound but could not find Alhagie Sheriff Dino Hydara. It is
alledged that provoked the security agents to arrest four of his family
members. When this reporter visited the marabout’s home he met some family
members who only stopped at confirming the disappearance of Dino Hydere. The
family who is living in fear did not want to talk about the issue. But villagers
in Wassadung called on the government to release the arrested family members
of Sheriff Hydara.
INDEPENDENT REPORTER’S TRIAL ADJOURNED
By Bubacarr K. Sowe
The trial of Lamin Fatty of the shuttered Independent newspaper has been
readjourned due to the absence of the third Prosecution witness.
Prosecutor, 1st class 1748 Modou Mballow on Thursday submitted that his
witness cannot make it to Court and applied for an adjournment.
“Unfortunately the prosecution witness is busy and I am applying for an
adjournment”, Mballow told the Court. Magistrate Kebba Sanyang then adjourned
the matter to 12th of September.
Fatty was charged with false publication after spending sixty-two days in
detention at the NIA headquarters. His paper, Independent has also been shut
down by the state and its managing editor and editor- in- chief were also
detained.
Neneh Macdouall Gaye Needs To Explain
According to a GRTS television news broadcast yesterday, the Secretary of
State for Information, Communication and Technology, Mrs. Neneh Macdouall Gaye
had a meeting with media practitioners yesterday. FOROYAA was not invited to
this meeting. We were also not invited to a similar meeting earlier this year
convened by the same Secretary of State. Their absence is at variance with
the utterances of the Secretary of State and her Permanent Secretary. FOROYAA
is fully aware that holders of public office should not exercise any form of
discrimination in the execution of their duties. We will get in touch with the
Secretary of State to find out why FOROYAA was not invited.
NO HUMANITARIAN AID FOR REFUGEES
By Bubacarr K. Sowe
Displaced people fleeing the latest military offensive in the Cassamance,
have not received any humanitarian assistance up to date. According to Modou
Jarjue of Kusamai, a Village hosting 853 refugees, they have received no
assistance so far. He said that his Village depends on only one good well for water
and that the remaining three wells are all in dilapidated conditions. “We
can not feed all of them and the place to sleep is a major problem for most
families,” said Jarjue. However, Foroyaa has been informed that from various
parts of Foni, which no humanitarian aids has been sent to refugees in those
area. Lamin William Jammeh, Secretary General of the Gambia Red Cross Society
has confirmed that he is not aware of any assistance sent to the area. “As at
now, I am not aware of any assistance reaching the area,” he said. Mr. Jammeh
also said that they have been to the area on an assessment mission, and they
have discovered that food is the most argent need for the refugees.
DETAINED MALIAN DOCTOR COMPLAINS OF POLICE BRUTALITY
By Lamin Fatty
In the on going trial of one Dr. Amadou Traore, a Malian National, for his
alledged involvement in the murder of one Bangali Tunkara, some time back in
2004, he stated that he is a doctor by profession and was resident in Tamba
kunda. According to him, some time in November 2004 he left Tamba kunda for
Ziguinchore; that while he was in Ziguinchorr, he received a phone call from
the Gendarmeries in Welligara that he was wanted by the Basse Police. He said
that he told them that he could only be available after 10 or 15 days as he
taking care of patients. He is said to have presented himself to the Willingara
Police Station in December and was immediately escorted to the Basse Police
Station by the Senegalese Gendarmeries. He highlighted that upon arrival at
the Basse Police, a Senior Police officer whom he cannot remember, ordered
his junior officers to hand-cuff and put him in the cells. He told the Court
that when he asked for the reason why he was being handcuffed he received a
slap in the face. He further revealed that he was stripped naked and was asked
to tell them the wherabout of the rebels reported to be hidden in The
Gambia. He said he told them that he does not even know The Gambia not to talk of
rebels hiding in the country. He pointed out that he was mercilessly beaten
until he went into a comma. He explained that some acid was also poured on
his body.
He said from there he began to gain consciousness. He stated that an amount
of two million five hundred and thirty-five C.F.A, was taken from him by the
Senior Police Commissioner of Basse Police Station, when he was searched. He
said the following day the said Commissioner of Police told him that if he
discloses to anybody that he the (Commissioner) took his money he would be
killed; that a lit cigarette was put off in his ear by the said Police
Commissioner. Going further in his testimony, Dr. Traore narrated that on the 24th
December 2004, he was invited by the then O.C in his office and was asked to sign
a statement, which according to him, was not clearly explained to him. He
said that he together with eight other detainees he met at the cell, where
paraded in front of a large crowd before the Basse Police Station. He indicated
that the following day, the 26th of December 2004, he was taken together with
the eight other detainees to the remand wing at Jangjangbureh Prisons and
subsequently transferred to the Mile Two Central Prisons in Banjul.
According to him, upon arrival at Mile Two, he was put in a small cell with
both hands handcuffed for almost one month. He further narrated that on the
26th January 2006, he was visited by his lawyer, Mr. Borry Touray, who came to
inform him that two of his wives came from Mali and where with the Malian
Ambassador in The Gambia; but that they did not have access to him because of
the magnitude of his case. He then said that his lawyer advised his family to
return to Mali and come back after four months. He said after sometime, he
was again visited by the New Malian Ambassador at the time with two different
lawyers, after which he was taken back to Janjanbureh Prisons and finally to
Basse Police Station, where he is still under detention. In his ruling, the
Presiding Magistrate, Baldeh, urged the Police to respect the civic and
fundamental rights of detainees, stating that Mr. Traore’s condition in detention
was deplorable. The case was then adjourned to Monday, 21st August 2006, for
cross extermination by the prosecution. It could be recalled that Mr. Traore
was arrested and detained since 2004, for his alleged involvement in the murder
of one Bangali Tunkara, during the time Nfamara Jallow was the Commissioner
of Police for Basse division.
OVER 200 ELECTION OBSERVERS EXPECTED
By Fabakary B. Ceesay& Amie Sanneh
The Chairman of the Independent Electoral Commission, (IEC), Mustapha
Carayol, has said that they are expecting more than 200 observers to participate in
the Presidential Election on the 22nd September, 2006. Mr. Carayol made these
remarks at the IEC press conference held at it’s head quarters on Wednesday,
30th August 2006. Mr. Carayol said that the year 2006 has been a very busy
one for the commission. Mr. Carayol said that the commission’s first acting
for the year was the deletion exercise, which ensured the deletion of deceased
voters from the register of voters as prescribed under sections 19 and 34 of
the 1996 Elections Decree. He pointed out that the IEC has had problems
fulfilling the requirement to delete the names of voters who have died. “However,
the IEC conducted a deletion exercise from the 23rd January to the 5th of
February 2006 and the number of deleted names, stands at 11,555,”he said. Mr.
Carayol indicated that the IEC conducted a supplementary registration of
electors (voters) which started on Monday the 19th of June 2006 and ended on the
2nd of July 2006; that another two weeks extension was made to the initial
duration. The provisional number of registered voters stands at 94,424. According
to him, the IEC through The Gambia Government, sought for assistance and
that UNDP is coordinating the basket fund set up by the donors with a total
package of 1.5 million dollars, managed by the Project Management Unit (PMU) of
the UNDP, headed by an election adviser. He asserted that The Gambia
Government has also committed itself to provide funds for the IEC to the tune of GMD
120 million.
Mr. Carayol noted that the provisional general voters number is 665,903, but
that the number go up or down tomorrow. “This time we want to make sure that
the voters list are 99% or even 100% correct,” he stated. He also indicated
that the polling stations will likely be increased from 832 to 988 and that
counting centers will also be increased from 28 to 48, one in each
constituency. “It is hoped that this will render the counting process more expeditious
and therefore facilitate the announcement of the results much earlier than the
past.” Mr. Carayol sounded a word of caution to journalists and the media in
general that the announcement of the final result is the prerogative of the
Chairman of the IEC and that media houses will be advised strictly to desist
from jumping the gun to avoid the incidence of announcing wrong results,
which can be detrimental to their democratic and peaceful gains.
APPEAL COURT TO DECIDE WHO SHOULD VOTE
Sarjo Camara
The Court of Appeal may deliver judgment on the civil suit involving the
ICE, Halifa Sallah, Kemeseng Jammeh, Sedia Jatta and Hamat Bah today.
The subject of the appeal is whether people whose names do not appear on the
register of voters should be allowed to vote.
When the case was called, the lawyer for the IEC, Mrs. Amie Joof Conteh,
stood up and announced her representation while the Acting Director of Public
prosecution; Emmanuel Fagbenle announced his representation for the state.
The head of the panel of judges, Justice Agim told the court that judgment
is to be delivered by the court that day, but the lawyer for NADD; Lamin K
Mboge had filed an adjournment letter. He said the letter filed by Mboge did not
state why he was not in court and when he would appear.
At this juncture, Justice Agim granted Mboge’s application and directed Mr.
Mboge to file his written brief by Thursday (yesterday) afternoon. He stated
that the court will deliver its ruling on the matter on Friday at 10.00 am
Kemeseng Jammeh appeared in person and Sam Sarr appeared on behalf of NADD.
Readers could recalled that those whose names do not appear on the list of
eligible voters should not vote.
DUTA KAMASO HOSPITALIZED
By Fabakary B Ceesay
Duta Kamaso, the former APRC National Assembly member for Wuli East
Constituency, who has been detained at the National Intelligence Agency, NIA,
headquarters, for more than two months, is currently admitted at the military clinic
in Banjul. According to an eyewitness, Mrs. Kamaso was admitted at the
military clinic on Thursday, 24th August 2006. She was said to have been
discharged on the following day, Friday, but readmitted the next day. She is said
to have been in critical condition. However, this reporter visited the
military clinic to verify the authenticity of Kamaso’s admission. The reporter saw
her lying on her hospital bed dressed in pink attire. She appeared to be
very weak and seemed to be in distress. It could be recalled that Duta Kamaso
was first spotted at the Westfield Clinic in July, when she was escorted by
state security agents.
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