U.S  Department of State

Gambia, The

Country Reports on Human Rights Practices - 2003
Released by the Bureau of Democracy, Human Rights, and Labor
February 25, 2004
The Gambia is a republic under multiparty democratic rule. President Alhaji
Yahya A.J.J. Jammeh was re-elected for a 5-year term in 2001 in an election
considered free and fair, despite some shortcomings. The main opposition
coalition initially accepted the results of the presidential elections but later
changed its position and boycotted the legislative elections in 2002. President
Jammeh's political party, the Alliance for Patriotic Reorientation and
Construction (APRC), won majorities in the National Assembly and most local councils.
The multiparty opposition remained weak and divided. Although the courts have
demonstrated their independence on occasion, the judiciary, especially at lower
levels, was at times corrupt and subject to executive branch pressure.
The Gambian Armed Forces reports to the Secretary of State (Minister) for
Defense, a position held by the President. The police report to the Secretary of
State for the Interior. The National Intelligence Agency (NIA), responsible
for protecting state security, collecting intelligence, and conducting covert
investigations, reports directly to the President. Civilian authorities
generally maintained effective control of security forces. There were a few instances
in which members of the security forces acted independently of government
authority. Some members of the security forces committed human rights abuses.
The country's market-oriented economy encouraged growth through the
development of the private sector. Much of the country's population of 1.4 million was
engaged in subsistence farming. The high population growth rate diminished the
effects of modest economic expansion in recent years. During the year, per
capita gross domestic product declined to less than $300 due to the sharp
depreciation of the national currency.
The Government generally respected the human rights of its citizens; however,
there were problems in some areas. Despite some election deficiencies,
citizens generally were able to exercise their right to change their government
through periodic elections. Security forces harassed or otherwise mistreated
journalists, detainees, prisoners, and opposition members. Prison conditions
remained Spartan but generally good. Arbitrary arrest and detention were problems;
however, unlike in the previous year, there were no reports of incommunicado
detention. Prolonged pre-trial detention was a problem. Detainees were denied
fair and expeditious trials by a slow, inefficient, and corrupt court system.
There was one known political prisoner. The Government at times infringed on
citizens' privacy rights. The Government limited freedom of speech and the press
by intimidation and restrictive legislation. Some journalists practiced
self-censorship. Unlike in previous years, the Government did not restrict freedom
of assembly. Violence and discrimination against women were problems. The
practice of female genital mutilation (FGM) remained widespread and entrenched.
Child labor persisted, mainly on family farms, and there were some instances of
child prostitution. There were a few reports of trafficking.
RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports of arbitrary or unlawful deprivation of life committed
by the Government or its agents during the year.
No action was taken, nor is any likely to be taken, in the following 2001
cases: The January killing of Bakary Ceesay or the October killing of Hussein
Wane and Ousman Ceesay in separate incidents.
The Indemnity Act stipulates that "the President may, for the purpose of
promoting reconciliation in an appropriate case, indemnify any person he may
determine, for any act, matter or omission to act, or things done or purported to
have been done during any unlawful assembly, public disturbance, riotous
situation or period of public emergency." This law continued to prevent victims from
seeking redress in some cases.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Constitution prohibits such practices; however, there were reports that
government officials beat and on occasion tortured persons. There continued to
be reports that security forces, notably soldiers acting outside the chain of
command, mistreated civilians. The army requested that victims file formal
complaints so that the cases could be investigated; however, there were no
prosecutions of soldiers accused of torturing individuals during the year.
For example, on March 27, three soldiers beat Karamo Marong, a controller at
the Banjul ferry terminal. Marong claimed he was beaten because he insisted
the soldiers, who were purportedly on an official mission, pay the crossing fee.
No known action was taken against the responsible soldiers by year's end.
On April 8, soldiers on duty at the Abuko Earth Station allegedly detained
and beat Lamin Cham and Ebrima Ceesay after a man reported that they stole his
satellite antenna--an accusation both denied. Cham and Ceesay claimed the
soldiers stripped them naked, doused them with water, and flogged them with cables
for most of the day. They were released without charge; however, no known
action was taken against the responsible soldiers by year's end.
On July 23, Hassan Jobe, the chief of Sanchaba Sulay Jobe village, reported
that soldiers brutalized him and his family members. Jobe stated that his
grandson, Ousman Njie, was beaten unconscious. His wife was struck on her mouth and
lost a front tooth. The soldiers allegedly used rifle butts to beat the Jobe
family after a heated dispute at a phone booth. The army completed its
investigation of the alleged attack in September. The army advised the family to take
legal action in the civil courts and agreed to produce the soldiers for
trial. There was no additional action taken by year's end.
No action was taken, nor was any likely to be taken, against the security
personnel who beat or otherwise abused persons in the following cases from 2001:
The February beating of John Seneise; the April beating of Brian Secka; and
the June beating of three athletes in Kanifing.
No action was taken against those responsible for election violence in 2001.
Conditions at Mile 2, Janjanbureh, and Jeshwang prisons remained Spartan but
adequate. In August, representatives from the African Commission on Human and
Peoples Rights and the International Committee of the Red Cross (ICRC) visited
Mile 2 and Jeshwang prisons and reported that conditions were good. Prisoners
received three meals a day, each prison had an infirmary, and outside doctors
were brought in to provide additional medical care when required; however,
the ICRC also reported that the psychological conditions in the prisons were
"hard." For example, maximum-security prisoners were confined to small,
individual cells for 21 hours each day and were permitted few family visits.
Unlike in previous years, there were no reports of beatings and
malnourishment of detainees during the year. Local jails continued to experience
overcrowding. Inmates, including detainees awaiting trial, occasionally had to sleep on
the floor; they were provided with mats or blankets. Prison guards were
reluctant to intervene in fights between prisoners, and some of the prisoners were
injured.
Women were held separately from men. Juveniles were held separately from
adults, and pretrial detainees were held separately from convicted prisoners.
There was no separate section or facility for political prisoners.
The Government permitted independent monitoring of prison conditions by local
and international human rights groups.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention; however, police
and security forces at times arbitrarily arrested and detained citizens. Periods
of detention generally ranged from a few hours to 72 hours, the legal limit
after which detainees must be charged or released.
The police served under the Secretary of State for the Interior. The police
generally were corrupt and on occasion acted with impunity and defied court
orders.
The Government has not formally revoked military decrees enacted prior to the
1997 Constitution that give the NIA and the Secretary of State for the
Interior broad power to detain individuals indefinitely without charge "in the
interest of national security." The Constitution provides that decrees remain in
effect unless inconsistent with constitutional provisions. These detention
decrees appeared to be inconsistent with the Constitution, but they have not been
subject to judicial challenge. The Government has stated that it no longer
enforced these decrees; however, in some instances, the Government did not respect
the constitutional requirement that detainees be brought before a court
within 72 hours. Detainees often were released after 72 hours and instructed to
report to the police station or NIA headquarters periodically until their case
went to trial. During the year, there were five known cases that exceeded the
72-hour limit. Unlike in previous years, there were no reports that detainees
were held incommunicado.
The law requires that authorities obtain a warrant before arresting a person;
however, on occasion individuals were arrested without a warrant. Detainees
generally were permitted prompt access to family members and legal counsel.
There was a functioning bail system.
On January 22, the NIA detained Dr. Ahmed Gibril Jassey, the elected chairman
of the Brikama Area Council for 6 days without charge. Jassey's arrest came a
week after the Secretary of State for Local Government had suspended him for
alleged mismanagement of funds. Some observers criticized the actions, arguing
that the suspension and arrest of an elected local government official
without a full investigation contravened the Local Government Act.

In June, NIA officers seized eight diamonds, $205,560 in currency, and other
possessions from two visiting German businessmen, Dr. Frank Mahier and Niklas
Wesphal, and told them to leave the country. Their local partner, Dr. Al
Lamin, was briefly detained for reporting the matter to the police. The NIA
officers involved were dismissed after a commission of inquiry found them culpable.
On December 27, police arrested National Assembly Majority Leader Baba Jobe
with 3 associates while they were on their way from Jarra Karantaba to Banjul.
Police detained Jobe, who was already on trial for economic crimes and was
free on bail, at the Yundum Police Training Center without charge for more than
the constitutionally prescribed limit of 72 hours. Police ignored a December 31
court-ordered writ of habeas corpus to release Jobe and his co-detainees.
Security forces at times briefly detained journalists and persons who
publicly criticized the Government or who expressed views in disagreement with the
Government (see Section 2.a.).
No action was taken in the 2001 cases of UDP activist Kassa Jatta; UDP
activist Musa Fatty; former vice president of the Gambia Student Union Alagie
Nyabally; opposition supporter Dr. Momodou Lamin Manneh; Citizen FM Radio director
George Christensen; and Muhammed Lamin Sillah from Amnesty International. The
NIA released all without charge except for Sillah, who was charged with
inciting genocide and confusion, and attempting to overthrow the Government. He was
awaiting trial at year's end.
During the year, the trial continued of Ebrima Yabo, Ebrima Barrow, Momodou
Marenah, and Dumo Saho, who were detained in 2000 on suspicion of attempting to
violate state security. On July 29, the High Court acquitted two other
military co-defendants, Lalo Jaiteh and Omar Darboe, due to lack of evidence.
According to the army, the two soldiers were reinstated but discharged shortly
thereafter for "security reasons." No additional action was taken against them. In
October, Momodou Marenah was acquitted and released; however, the remaining
three accused civilians remained in jail awaiting trial at year's end.
The slow pace of the justice system resulted in detainees waiting long
periods in pre-trial detention. Approximately 40 of Mile 2 Prison's 230 inmates were
in detention pending trial. Most of the detainees were in the detention wings
of the Mile 2 and Janjanbureh prisons. Some have been incarcerated for more
than 4 years without trial.
The Constitution prohibits forced exile, and the Government did not use it.
After a formal reconciliation, former president Sir Dawda Jawara was free to
return to the country and did so during the year. Other senior officials of the
former government, including Vice President Saihou Sabally and Secretary
General Abdou Sara Janha, remained outside the country, reportedly for fear of
harassment or detention, but they did not face formal charges.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary; however, in practice,
the courts, especially at the lower levels, were corrupt and subject to
executive branch pressure at times. Nevertheless, the courts have demonstrated
independence on several occasions, including in significant cases. For example, in
December, High Court Justice Wallace Grante issued a writ of habeas corpus
when National Assembly leader Baba Jobe was detained longer than the 72 hours
prescribed by the Constitution.
The Constitution provides for a fair trial; however, the judicial system
suffered from corruption, particularly at the lower levels, and from inefficiency
at all levels. Many cases were not heard for months or years because the court
system was overburdened and lacked the capacity to handle the high volume of
cases. To alleviate the backlog and reduce the possibility of undue influence
and corruption, the Government continued to recruit judges and magistrates
from other Commonwealth countries who share a similar legal system.

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