Buharry,
I think the petition is very well structured. I think all suggestions
have been included. I wasn't able to summarise it much further. A few
things have been added and others omitted. The areas underlined are
those where changes have been made. Yes, it's a bit long, but I think
it's fine as it is. What does everyone think?
Annika and others, please check for any specific inconsistencies etc.
Next question is, who do we send it to?
Alpha
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PETITION FOR THE RELEASE OF MOMODOU DUMO SAHO, LALO JAITEH, OMAR DARBOE,
EBRIMA YARBOE, EBRIMA BARROW AND MODOU MARENA
TO WHOM IT MAY CONCERN
Dear Sir/Madam,
We the undersigned, as concerned citizens of The Gambia, wish to bring
to your attention a frightening trend that has characterised the
political and civil landscape of our country and respectfully request
your help in ensuring that the civil liberties of Gambians are not
violated.
BACKGROUND
The frightening trend that has plagued our country is the spate of
abductions that have been carried out in the recent past against both
civilians and security personnel. These abductions usually take place in
the form of masked men visiting those abducted in the middle of the
night, forcefully taking them away from their families to undisclosed
locations where they are held incommunicado. The abductions have
occurred in the shadow of government difficulties such as the ambush of
the leader and other members of the opposition United Democratic Party,
the crude oil affair and the killing in April of unarmed school children
and students demonstrating against the rape and murder of fellow school
children.
A case in point is the arrest and detention of Momodou Dumo Saho who
went back to The Ganbia to start an NGO called "Boka Loho" to help in
the country's development process. Dumo was abducted and held
incommunicado for over two weeks. The state denied holding him in
custody and it was only after his family's lawyers filed a suit against
the state that he was charged with attempting to overthrow the
Government of The Gambia, together with others. The Inspector-General of
Police, representing the state, is currently requesting their further
detention and denial of bail.
These disappearances and abductions undermine the rule of law and
stability of the country and clearly violate the civil and human rights
of those abducted as provided under the Constitution of The Republic of
The Gambia, the UN Charter and the African Charter on Human Rights, to
which The Gambia is a signatory. Chapter IV, section 19 (1) of the
Constitution of The Republic of The Gambia states: "every person shall
have the right to liberty and security of person. No one shall be
subjected to arbitrary arrest and detention. No one shall be deprived of
his or her liberty except on such grounds and in accordance with such
procedures as are established by law".
(2) "Any person who is arrested or detained shall be informed as soon
as is reasonably practicable and in any case within three hours, in a
language that he or she understands, of the reasons for his or her
arrest or detention and of his or her right to consult a legal
practitioner."
(3) "Any person who is arrested or detained -
(a) for the purpose of bringing him or her before a court in
execution of the order of a court; or
(b) upon reasonable suspicion of his or her having committed, or
being about to commit, a criminal offence under the law 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."
The manner in which the abductions and detentions take place; the
failure of the state to promptly charge those detained within
seventy-two hours, to disclose where they are being held, to allow them
to contact a legal practitioner, their families and loved ones has now
become a familiar pattern which raises concerns and needs to be
addressed. Besides, dubious allegations of coup plots have led to the
execution of the so-called "coup plotters" without trial in the recent
past.
PETITION
We therefore humbly request that you and your Government/Organization
put pressure on the Government of The Gambia to ensure that Momodou Dumo
Saho, Lalo Jaiteh, Omar Darboe, Ebrima Yarbo, Ebrima Barrow and Modou
Marena are:
- Released without charge or;
- Accorded a fair, speedy and impartial trial;
- Allowed be to be released on bail;
- Allowed a trial that is held in public;
- Are not subjected to torture and other degrading and inhumane
treatment;
- Allowed to request the international community and human
rights organizations to monitor and gauge the fairness of the trial
and evaluate the evidence proffered by the state;
- Allowed visits and other forms of contact with their lawyers
and Human Rights Organisations, families and friends, in the event of
their continued detention;
The state should:
- Be held responsible for their well-being and decent treatment,
as stipulated in all the human rights documents to which The Gambia is a
signatory, and should be equally held responsible for any harm that
might befall them under detention;
- Conform to the provisions of the law in future. People who are
reasonably suspected of having committed a crime, or being about to do
so, should be arrested in a lawful manner and not abducted. Anyone
arrested in future should either be charged within seventy-two hours, as
stipulated by the Constitution, or released. They should also be allowed
contact with a legal practitioner and their families.
We await your kind co-operation in this urgent matter and extend to you
and your Government/Organization the warmest of thanks for your interest
in our country.
Sincerely,
Concerned
Gambians and Friends of The Gambia.
NAME PLACE OF RESIDENCE
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