Annika,
Thank you for putting it out so clearly.

Malanding

[log in to unmask] wrote:

> A Note to the President
>
>
>
> The Independent (Banjul)
>
> OPINION
> August 31, 2001
> Posted to the web August 31, 2001
>
> Annika Renberg, Detainee's Wife
> Banjul, the Gambia
>
> Justice delayed is justice denied is a quotation that I think rightly
> reflects the intention and essence of the Constitution of The Gambia, with
> regards to the basic human rights granted to all the citizens.
>
> Let me quote from Chapter IV - Protection of fundamental rights and
> freedoms.
>
>
>
>
> Section 19 (1): "Every person shall have the right to liberty and security
> of person. No one shall be subjected to arbitrary arrest or detention."
>
> My husband, Mr Momodou (Dumo) Sarho was apprehended in his street on June
> 24th 2000.
>
> Section 19 (2): "Any person who is arrested or detained shall be informed
> within three hours of the reasons for his or her arrest or detention and
> his
> or her right to consult a legal practitioner."
>
> My husband, Mr Momodou (Dumo) Sarho was not informed about the reasons for
> his detention.
>
> He was just dumped in a cell at the NIA for three days after which he was
> interrogated and eventually signed a statement on July 4th 2000. No legal
> practitioner was informed. Section 19 (3b): "Any person who is arrested or
> detained and who is not released, shall be brought without undue delay
> before a court and, in any event, within seventy-two hours."
>
> My husband, Mr Momodou (Dumo) Sarho was not taken to any court until after
> three weeks. On the 14th of July he was brought to Kanifing Magistrate who
> ordered his remand while awaiting eventual proper charges in the High
> Court.
> This was the first time he was informed that he was suspected of treason.
> (Magistrate courts have no jurisdiction to hear treason cases)
>
> Section 19 (5): "If any person arrested or detained is not tried within a
> reasonable time he or she shall be released either unconditionally or upon
> reasonable conditions." On July 14th the public prosecutor promised to
> examine the evidences and file charges in High
>
> Court on July 17th if she found the material binding. The charges were not
> filed as promised and he has still not been tried. Section 19 (6): " Any
> person who is unlawfully arrested or detained shall be entitled to
> compensation."
>
> On July 18th, Justice Mam Yassin Sey ruled that the arrest and detention of
> my husband had been unlawful but since the Kanifing Magistrate had ordered
> for his remand, he could not be released.
>
> Section 21: No person shall be subject to torture or inhuman degrading
> punishment or other treatment.
>
> For three weeks my husband was only given food once a day. For three weeks
> he was kept without possibility to even wash himself. For five months he
> was
> kept totally incommunicado.
>
> That is both torture and inhuman degrading treatment.
>
> Section 24 (3): "Every person who is charged with a criminal offence -
>
> Shall be presumed innocent until he or she is proved, or has pleaded
> guilty.
>
> At a press conference in August, the Attorney General indicated that by
> subjecting themselves to being suspected of treason, my husband and his
> co-suspects, has forfeited their constitutional rights and could not expect
> to be treated "as for a traffic offence". But no guilt has yet been proved
> or pleaded.
>
> Section 24 further states that: "Provided that where a person is charged
> with an offence which carries a punishment of death or imprisonment for
> life, that person shall be entitled to legal aid at the expense of the
> State."
>
> Until the 16th of November no lawyer had any possibility to see the
> accused.
> The Gambia is not under any declared 'state of emergency' but even if that
> had been the case, the constitution is very clear on how the rights of
> detainees should be respected:
>
> Section 36 (1) "Where a person is detained the following provisions shall
> apply -
>
> He or she shall, as soon as reasonably and practicable and in any case not
> later than twenty four hours after the commencement of the detention, be
> furnished with a statement in writing, specifying in detail the grounds
> upon
> which he/she is detained." In the beginning of December, after more than
> five months, my husband was finally served with the formal accusation in
> writing.
>
> "The spouse, parent, child 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."
>
> Since the first day of my husbands abduction, the Gambian authorities (i.e.
> the Police, the NIA, the Attorney General and the Prison authorities
> categorically denied any knowledge of my husband's whereabouts. Even after
> the Magistrate's ruling in Kanifing when the suspicions against him were
> made public, the authorities continued to deny having him under their
> custody.
>
> For five months, my husband and his co-suspects had no contact at all with
> any family member. This treatment is not only unconstitutional and
> unlawful,
> but indicates a governmental contempt for civil rights and democracy. I
> also
> happen to know that my husband in no way has tried to overthrow the
> government with unlawful means, let alone attempted to kill you, Mr
> President. I am convinced that a fair trial will prove me right.
> Unfortunately, by now I have come to doubt the quality and trustworthiness
> of the judicial system in The Gambia. A trial started in Banjul High Court
> on December 19th 2000. The hearings were halted on March 12th 2001. Until
> then the only thing treated was the procedures of the trial. By now almost
> 14 months have passed. Months, when my husband and his co-suspects have
> been
> - and still are -kept "like animals" in the security wing of Mile II
> prison.
> Where are their human rights?
>
> I have the greatest respect and love for The Gambia and it's strive towards
> development. My husband, Mr Momodou (Dumo) Sarho is a genuinely concerned
> citizen who, since his return in 1995, has devoted all his time to
> encourage
> and participate in development work. It is a disgrace for the Government to
> be unable to - at least - safeguard his fundamental rights according the
> law. Mr President, I would like to call upon you - in your capacity as the
> Head of State as well as an Honorary Doctor of Civil Law - to question
> yourself honestly. Where is your dignity and integrity as a servant of the
> nation when you can permit the most important fundament of The Gambia -
> it's
> Constitution - to be violated in such an obvious way?
>
>
>
> _________________________________________________________________
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>
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