The Daily Observer Published Monday, 21rst August, 2000


Justice Secretary Dispels Rumours Of Dumo Sarho, Others Summary Execution

The secretary of state for Justice, Pap Cheyassin Secka, has strongly denied
rumours that some of the coup suspects have been killed saying "all those
arrested are alive. I know where they are detained. I have been there."

The Justice secretary was speaking on Saturday during a press conference
held at the department of state for Works, Communication and Information. Mr
Secka's denial followed speculation in various quarters in the country about
the fate of the detainees.

Reacting to the question on the legality of the continued detention of
Momodou Dumo Sarho and others, the Justice secretary said they were arrested
in connection with an attempt to change the legally constituted government
of The Gambia by "force of arms."

According to the Justice secretary, the death of the head of state was
contemplated in the process. "It should be noted that the right to be
brought before a court after an arrest within 72 hours under section 19(3)
of the constitution is subject to section 17(2) of the same constitution.

This means that all the human rights provision in chapter IV of the
constitution are 'subject to respect of rights and freedom of others and for
the national interest," said Mr Secka adding "It means those who expect to
enjoy the rights guaranteed in democracy must play by the democratic rules.
No one expects government to treat any one bent on under-mining its very
existence as if he only committed a minor traffic offence."

According to Mr Secka, the government has the responsibility of respecting
the rights of individuals especially those under arrest but that the
responsibility must be exercised with due regards to the national interest.
The justice secretary told journalists that Momodou Dumo Sarho and others
would appear in court in due course and that the treason trial would be
opened to the public.

The Justice secretary also said it is due to the "the nature of the case"
that families and lawyers have been denied access to the detainees. He said
Momodou Dumo Saho and others have been charged with treason, "a very serious
offence." Another reason the Attorney General gave for the denial was the
disappearance of two of the coup suspects who are still at large. He added
that the move was taken in the interest of national security.

The Justice secretary who was a former treason convict in the ousted PPP
regime, told journalists that he experienced the same treatment in
August,1981. The Justice secretary said when he was arrested in the 1981
abortive coup he was denied access to his lawyers for a while. Commenting on
the recent Radio1 FM arson attack, the Justice secretary said the government
unreservedly condemns such "illegal acts of vandalism, we express our
sympathy and solidarity with the proprietor and staff of Radio 1 FM. He
cautioned the general public to desist from speculation on the case and pass
on whatever useful clues or information that may help the investigators.

With regard to the long awaited coroner's report he said the coroner, Ousman
Jammeh, submitted his report since May 2000. "The conclusion of the
commission's hearing and the inevitable report to follow will give
government the opportunity to consider both reports. Both reports and
government's reaction will be made public in due course," he promised.

When asked by our reporter how much money the Alimenta Company is claiming
against The Gambia Government, he said "Alimenta is claiming US$32 million."
According to him, "the dispute which started in early 1999 when government
took over the assets of the company has been taken to arbitration before the
International Centre for the Settlement of Investment Disputes (ICSID) in
Washington DC, but the venue of the arbitration is in London.'' He said "our
aim is to effectively resolve this issue in the shortest possible time at
minimal cost to government."

Commenting on the controversial sacking of Magistrate Borry Touray, the
Justice secretary said "the Justice Service Commission has the powers to
terminate the services of incompetent civil servants. He availed on
magistrates to be aware of the powers conferred on them. He added that
magistrates have jurisdiction to remand murder suspects in custody. "We do
not want to create a situation in the country wherein there is lawlessness
in our country," he said.

He added that the case in question touches on the independence of the
judiciary hinting that both judges and magistrates should be independent.
The Justice secretary warned that "interfering with the judiciary is a very
serious offence." On Sergeant Paul Samba's detention, the Justice secretary
denied knowledge of his arrest, saying "As for Paul Sambou, the only time I
read about him was in the papers. I am not aware of the time he was
arrested," said Mr Secka.

Meanwhile the deputy IGP, Tamsir Jasseh has admitted that "the public
confidence in the police has a lot left to be desired. We are aware of that
situation. In our reorganisation efforts,we are putting that issue under
consideration, to come up with ways in our relations to the public, in the
manner in which we operate as a police organisation, to see what we can do
to improve the image of the police." He said the police will operate out of
politics. "The police will operate as a police force for the Gambian people
not a police force for one party against another party," said DIG Jasseh. He
appealed to the public to support the police.

The chairman of the government's spokesperson committee Sarjo Jallow, called
for peace and stability to prevail in the country. Lamin Jatta, Alieu Badara
Ceesay and Ebrima Colley contributed to this story.


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