NATIONAL ALLIANCE FOR DEMOCRACY AND DEVELOPMENT (NADD) PRESS RELEASE     
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  28TH March 2006 

Compatriots, our beloveth nation is going trough a storm and stress period after a public notice was issued that a coup d'etat has been foiled. Since then the arrests and detention of military and law enforcement personnel have increased. Civilians are no exception. 

It is incontrovertible that uncertainty has gripped the minds of many people as to where all the developments will lead us to.

It is the view of the NADD leadership that to preserve the territorial integrity of a sovereign nation and ensure that justice, peace and development prevail is the collective responsibility of our sovereign people. In short, a nation easily heads towards catastrophe where most of its citizenry become mere spectators who transform life and death situations into a national drama which they watch at a distance with occasional interjections of surprises and disbelief. Wisdom teaches us that what can affect the lives of everyone in a nation is too important to leave to the hands of a few to handle, no matter how highly placed they may be in managing state affairs.

These are times that require early responses to contain the situation and prevent it from deteriorating. It is the view of the NADD leadership that in circumstances where the government is engulfed with conflict, it is the duty of other National opinion leaders to undertake the responsibility of peace making and peace building.

This responsibility cannot be assumed with effectiveness without embracing the facts as they are. This is what compelled us to interrogate events as they unfolded to know their causes and consequences.

The NADD leadership has been following the intensification of the two pronged attack by the Senegalese and Guinean Armed Forces against the MFDC faction under Salifu Sarjo, Prior to the unfolding of events in our country. Furthermore, we followed with interest the developments in our capital since Tuesday 21st March 2006. The movement of troops in the capital and the restriction of traffic to Banjul on Tuesday attracted the attention of many concerned Gambians who were trying to make sense of the developments. The concerns became heightened when it was reported that the president had returned earlier than expected. On Wednesday morning 22nd March 2006, I kept all members of the executive informed of all developments that came to my notice. A meeting of the NADD Executive scheduled for Wednesday, 22nd March, to consider a concept paper regarding our strategies and tactics for the forthcoming presidential election had to be suspended to enable us to get a clear picture of
 what was going on in the country. This confirms that the problem of the country is our concern just as it should be the concern of every sovereign Gambian.

We therefore asked concerned persons all over the country to be alert. We did not notice any strange movements in Farafenni, Kudang, Basse, where there are significant military encampments. The information from official quarters mentioned about routine surveillances and an attempted coup. However, there were no visible military activities in any of the barracks. It was by midday of Wednesday 22nd March 2006 that the government issued a press release indicating that the Ex-Chief of Defence Staff of the Gambia Armed Forces, Colonel Ndure Cham was involved in an attempt to overthrow the government. Since then it has come to our notice that people are under arrest. Colonel Ndure Cham is reported to be at large. 

How does the NADD leadership see all this developments? What is the way forward?

As of Monday 27th May, 11 senior commissioned officers and 1 private soldier were under arrest. The statements of some of those attested over the Radio and TV indicates that a coup d'etat was in the making. According to what is broadcast over the air the brain behind the coup was the Chief of Defence Staff. It is claimed that he was working through the officers in the different sectors who were assigned specific tasks to handle specific aspects of the operation without being linked to others. The impression is given by ex- Director of Immigration Jassey that the command and control exercised by the Ex-Chief of Staff crumbled when his role was leaked.

The picture which appeared hazy at first is now becoming clearer once the pieces are put together.

The officers interviewed seems to be saying that only the operational commanders were aware of their specific role and that they trusted that their Chief of Defence Staff would be in charge of all the command and control structures. 

The statements issued in the broadcast gave the impression that once the alleged coup was leaked they lost contact with the Chief of Staff which led to stagnation and a wait and see attitude. 

This is the notion one can deduce from the information received from the broadcast.

The lessons are clear. At this very moment, many senior members of the GNA are implicated. How they behave under arrest will say a lot about the integrity of the Armed Forces. 

How these officers are treated and the exposures they are put will enhance or undermine national security. It is important that they are allowed to maintain the dignity of the army even under arrest. If they are allowed to break before the gazing eyes of the international community, the Gambia Armed Forces will also not emerge with a defence of its international self-respect. If ex-officers are presented as cowards on TV, the wrong message will be sent regarding the kind of fibre and armour that men and women of the Gambia National Army are made of.

Hence the government needs to apply the best method to investigative techniques and rely on high grade intelligence to come to definite decisions regarding the culpability or otherwise of those arrested. 

The more the investigators rely on procedures that are in line with fundamental rights and freedoms and international law, the more justice will be seen to be done. What is needed is to get to the bottom of the truth without violating fundamental rights and freedoms. 

The second consideration that the government needs to make in handling this matter is the role it is given to mediate in the Casammance conflict. How the president handles his own conflict will determine the weight that will be given to his mediation efforts. 

Shortly, the government has also accepted to host the AU Summit. Arrests and detention without trial would undermine the image of the country. There is need for speedy investigations and court appearances to facilitate the granting of bail or lawful detention through court order.

As for the members of the armed forces, it is important for them to bear in mind that the African Union has already taken a stand on coup d'etats. Article 4 paragraph P of the Constitutive Act of the African Union calls for the rejection of all unconstitutional changes of government. Hence they should know that it would have bee very difficult to recruit anyone who is committed to the ideals of the African Union into an interim government. The best role for a soldier is to be an ally of the democratization process in the African continent. They should just be committed to defend their people and the sovereignty of their country. 

Hence, those democratically minded security forces who are loyal to the state but are dissatisfied with the way it is governed should wait until it is their time to vote to cast their ballot for the person of their choice. 

Needless to say, the task before the rest of the population is clear. Security and army personnel, journalists advocates and civilians need protection of our African governments have accepted to establish a peace and security council because of civil wars that have outraged the conscience of the African people. They want the council "to promote peace, security and stability in Africa, in order to guarantee the protection and preservation of life and property, the well being of the African people and their environment, as well as the creation of conditions conducive to sustainable development." 

The clarion call of the continent is that wherever conflict occurs peace building and post conflict reconstruction activities should be undertaken to consolidate peace and prevent the resurgence of violence.

On the other hand, where violence is yet to unfold our duty as Africans is "to promote and encourage democratic practices, good governance and the rule of law, protect human rights and fundamental freedoms, respect the sanctity of human life and international humanitarian law as efforts to prevent conflict." 

The standards of best practice to safeguard peace and security in a country are very clear. They should be applied at all times to guide the destiny of the continent. We in NADD will add our voice for the convening of the Inter Party Committee meeting to provide a conducive environment or tolerance and the holding of free and fair election.

What they have started as a coup in the making is now history. What is left is the gathering of evidence to initiate prosecution or release the detainees for lack of it.

It is therefore necessary to remind the law enforcement officers of the fundamental principles governing arrest and detention in the Gambia. The offices of the Independent Newspaper has been closed by security forces. Its managing director and editor in chief are now in Police custody. They have no access to their families No reason has been given for the arrest.

Section 19 subsection (2) of the constitution states that "Any person who is arrested shall be informed as soon as is reasonably practicable and any case within 3 hours, in a language that he or she understands, of the reason for his or her arrest or detention and of his or her right to consult a legal practitioner."

Subsection (3)(b) adds that "Upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the laws of The Gambia, and who is not released, shall be brought without undue delay before a court and in any event, within seventy-two hours."

Subsection (5) further states that: 'If any person arrested or detained as mentioned in subsection (3)(b) is not tried within a reasonable time, then without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable condition including, in particular, such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or proceedings preliminary to trial." Let us allow the due process of law to take its course. 

We do not have a state of emergency. The fact that the president could walk in the street of Banjul to interact with the crowd is a proof that we do not need a state of emergency. However, even under a state of emergency, fundamental rights are to be protected to avoid people being subjected to inhumane and degrading punishment. When people are not entitled to visits they can be abused. This is why section 36(1) of the constitution states that even under a state of emergency: "Where a person is detained by virtue of or under any Act of the National Assembly referred to in section 35, the following provisions shall apply- 
    
   (a)he or she shall, as soon as reasonably practicable, and in any case not later than twenty for hours after the commencement of the detention, be furnished with a statement in writing specifying in detail the grounds upon which he or she is detained; and the statement shall be read, and, if necessary, interpreted, to the person who is detained in a language which he or she understands;   
   (b)The spouse, parent, child or other available next-of-kin of the person detained shall be informed by the authority effecting the detention and shall be permitted access to the person concerned at the earliest practicable opportunity, and in any case not later than twenty-four hours after the commencement of the detention;   
   (c)Where none of the persons mentioned in paragraph (b) can be traced or none of them is willing and able to see the person detained, the person who is detained shall be informed of this fact within twenty four hours of the commencement of the detention and he or she shall be informed of his or her right to name and give particulars of some other person who shall have the same right of access to the person who is detained as any of the persons mentioned in paragraph (b);   
   (d)Not more than fourteen days after the commencement of his or her detention, the authority which effected the same shall give notice in The Gazette stating that he or she has been detained and giving particulars of the provision of law under which the detention is authorized;   
   (e)Not more than thirty days after the commencement of his or her detention, and after that at intervals of not more than ninety days during the continuance of his or her detention, the case of the person concerned shall be reviewed by a tribunal as provided in subsection (2);   
   (f)The person who is detained shall be afforded every possible facility to consult a legal practitioner of his or her choice who shall be permitted to make representation to the tribunal appointed to review the case;   
   (g)At the hearing before the tribunal appointed for the review of his or her case, the person detained shall be entitled to appear in person or by a legal practitioner of his or her choice and at his or her own expense. 
  Every historical situation comes with its demands and urgencies. 

A nation has internal and external concerns to bear in mind if it is to safeguard its internal and external security. Adhering to the standards of best practice in the dispensation of justice, at all times, is the surest guarantee to peace and security.

We call on all Gambians to rededicate ourselves to the principles of putting the national interest before any personal interest and to the Republican ethos that power is only legitimate if it is derived from the consent of the people and if it is exercise to empower the people and promote their general welfare.

Halifa Sallah

Flag-bearer /Presidential Candidate of NADD
Issued on behalf of the Executive Committee of NADD

		
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