Allow me to clarify some things:
Yes, Dumo was arrested during the day - in front of witnesses who also
submitted their reports to the Police when he was reported missing.
After 20 days last Friday, the NIA admitted that they had him under custody,
when they were brought to Banjul High Court to answer to our accusation on
unconstitutional abduction and detention. The ruling in that came today as
earlier mailed to the list.
BUT: at the same time - on Friday - Dumo & others were arranged in front of
the Kanifing Magistrate and the ruling there stated that they were to remain
in custody since they were suspected of "planning to overthrow the
democratically elected government of The Gambia by force" - NOT murder.
According to a press-release the case will be brought to High Court this
week.
As at now (Tuesday Afternoon) this is the situation:
A) the court ruling this morning clearly stated that the arrest and
detention of
Dumo & others had been unlawful. AND that the authorities are not above
the law under any circumstance, therefore he should be released. BUT:
B) Dumo is still remanded due to the order in Kanifing Magistrate on Friday.
(None was allowed to follow the case, neither family nor lawyers)
C) We (neither family, nor lawyers) still don't now where he is being kept.
D) Not even the lawyers have had access to see him.
If the accused are to be brought in front of the High Court this week, it is
of vital importance that they have the right to a thorough defence and now
it is only three days left of the week...
I hope that these clarifications can be of help.
I really appreciate your work with the petition and support it
wholeheartedly. Had it not been for the local publicity and the
international pressure, the NIA would have persisted in their denial and the
accused kept in unknown custody indefinitely. Let's keep up the fight!
Annika
-----Original Message-----
From: Mansour Ceesay <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Date: 18 July 2000 16:39
Subject: Re: Dumo Petition Draft
>Thanks Buharry for a job well done. Just a little
>suggestion. I think Dumo was arrested during the day if my
>memory serves me right. Also the latest development
>(charging him with murder) should perhaps alter the context
>a bit. Lastly I think it should be a general petition rather
>than Dumo-specific. Of course we can still use his case to
>illustrate the general trend.
>
>Asalamu alaikum
>
>MMC
>
>
>On Tue, 18 Jul 2000 17:15:41 +0200 MOMODOU BUHARRY GASSAMA
><[log in to unmask]> wrote:
>
>> Hi!
>> Below is the petition draft requested by Kabir. I have tried to
include all the suggestions. I however think that it is a bit long and maybe
someone can summarise it. Maybe Alpha can help here and take care of the
suggestions that are offered. Thanks.
>>
Buharry.
>> ____________________________________________________________________
>>
>>
>> PETITION FOR THE RELEASE OF MOMODOU DUMO SAHO AND OTHERS
>>
>> TO WHOM IT MAY CONCERN
>>
>>
>>
>> Dear Sir/Madam,
>>
>> We the undersigned as concerned citizens of The
Gambia wish to bring your attention to a frightening trend that has
characterised the political and civil landscape of our country and to
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
civilian and security personnel. These abductions usually take place in the
form of masked men visiting those abducted in the middle of the night and
forcefully taking them from their families to be carried to undisclosed
locations and 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 students demonstrating the rape and murder
of colleagues.
>>
>> A case in point is that of Momodou Dumo Saho who went back home to start
an NGO called Boka Loho to help in the country's development process. Dumo
was abducted in the middle of the night 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 that he was charged with attempting to
overthrow, together with others, the Government of The Gambia. This is after
two weeks of the state denying having him in custody. In fact, his wife was
at the Supreme Court in Banjul filing a suit for the government to explain
his whereabouts and on the way home learnt on the radio that Dumo had been
taken to Kanifing Magistrate's Court where he was charged with treason. The
police chief is currently requesting his further detention and denial of
bail.
>>
>> The spate of disappearances and abductions that have recently taken place
undermines the rule of law and stability of the country and clearly violates
the civil and human rights of those abducted as provided under the
Constitution, 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 Gambia states: "every person shall have the right to
liberty and security of the 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 established by
law".
>>
>> (2) "Any person who is arrested or detained shall be informed as soon as
is reasonably applicable 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 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 and acquire the services
of a legal practitioner, to allow them contact with their families and loved
ones is a clear violation of the Constitution and all human rights documents
signed by The Gambia.
>>
>>
>>
>> PETITION
>> We therefore humbly request that you and your 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,
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 the future. People who
are arrested should be arrested in a lawful manner and not abducted.
>>
>> - Ensure that those arrested are either 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 of matters and extend to
you and your 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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>> -------------------------------------------------------------------------
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>>
>> To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
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>> -------------------------------------------------------------------------
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>
>----------------------
>Mansour Ceesay
>[log in to unmask]
>
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