Folks, below is a letter I was asked to forward to the G-L and G-Post
readerships, regarding the arrest and detension of Waa Juwara, from Halifa
Sallah.  Please read on.



4th October, 2003

President of The Republic of The Gambia
State House Banjul

Attorney General & Secretary of State for Justice

Secretary of State of the Interior & Religious Affairs


On the Arrest and Detention of Lamin Waa Juwara

A government without principles cannot be trusted. A government with
principles acts without fear or favour, affection or ill will, in accordance
with the constitution and laws of a country.

Mr President, a few days ago your newly appointed Secretaries of State swore
to carry out their duties in accordance with the constitution and other laws
of the country.
Section 19 of the constitution states categorically that a person should not
be detained for more than 72 hours without being taken before a court. The
leader of NDAM was arrested in connection with a newspaper article published
by The Independent. He was in police custody from Tuesday, September 30,
2003 to Friday, October 3, 2003.

It was expected that he would be released on bail pending court action.
Instead, he was escorted to Mile Two Prisons in gross contravention of the
dictates of the constitution.
A regime based on impunity would be insensitive to the dictates of the law.
It will seek to punish before the law takes its due course. It would pass
judgment on individuals on the basis of perceived threats.

A truly secure and democratic regime cannot be pushed to honour the law with
total disregard because of ill will. It would recognise that in the exercise
of authority of government one must come into contact with those who are
opposed to one’s mandate. They would try to say and do what would remove one
from office.

Such people may exercise their rights to the point of being suspected of
violating the law. If that happens, the courts should be left to determine
whether one’s actions have exceeded the bounds of what is considered
reasonable and justifiable in a democratic society.

The executive is too politically bias to assume the responsibility to
determine the innocence or guilt of its opponents. If one has a fascist
executive it could even torture and kill its opponents. This is why the
courts are given the responsibility to determine innocence or guilt.

When justice is allowed to take its natural course no allegation of impunity
will be levied on a government. I must emphasize again that no sovereign
Gambian possesses the personal or divine power to rule the country with
impunity. Power that is entrusted should be exercise in a just and fair
manner in order to earn respect.

It is hoped that this letter will alert your mind and that of the Secretary
of State for the Interior to exercise direction and control on how cases are
handled according to the dictates of law, conscience and justice.

While anticipating a swift and just response

I remain

Yours in the Service of the Nation


…………………….
Halifa Sallah

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