Folks, here is a fuller version of the tyrants idiotic machinations. I spoke
to a friend a awhile ago and he told me that Pap Cheyassin was rushed to a
near by clinic at around 5am this morning. He was in a state of shock.


Government decides 'no prosecutions' over events of 10th and 11th April last
year



THE Gambian government has published the report and recommendations of the
Commission of Inquiry in the breakdown of public order on 10th and 11th
April last year and the Coroner's report into the deaths of 12 people.
The commission recommended that 'top police authority on the ground at
Kanifing on 10th April' - Ousman Badjie, Secretary of State for the
Interior, the then Deputy Inspector-Inspector of Police, Sankung Badjie (now
the Inspector-General) and various top police officers -  'should accept
responsibility for the tragedy'. It also recommended that various police,
army and fire-service personnel should be prosecuted for causing death and
injury.  It said that seven members of Gamsu (the Gambia Students' Union)
'may be prosecuted' under the Public Order Act.
'Maturity, patience'

Government has rejected that 'top police authority on the ground at
Kanifing...should accept responsibility for the tragedy'.
It says that evidence before the commission on their behaviour before and on
10th and 11th April showed that 'they exercised maturity and patience...[the
Secretary of State, Ousman] Badjie, in particular....secured the release of
the student leaders arrested. It was the shots from the yet-to-be-identified
persons that caused the commotion and escalated the crises.  The Secretary
of State for the Interior could not conceivably be held responsible for the
ensuing mob action.'
Government has also rejected the commission's conclusion that punitive
measures be taken against certain security personnel.
Government accepts the commission's recommendations that 'speedy and
transparent investigation of all sensitive cases is essential to ensure that
justice is being done', and  that the police should be equipped with
appropriate and up-to-date gear, including water canon, to deal with civil
unrest. It also agrees with the commission's comment that all security
agencies need to be 'flexible, courteous and tactful in their dealing with
the general public'.  But it says the commission 'did not inquire into the
causes of the break-down of public order on 10th and 11th April. 'This is a
fundamental point of departure; and its failure to do so deprived it of the
opportunity to address such a fundamental point.'
A government statement says it has already taken steps to implement some of
the commission's recommendations,  especially as they relate to the setting
up of community groups like councils of elders. It says it will intensify
the process of consultation with all stakeholders in the education sector.
The statement of government's reactions to the commission's and coroner's
reports concludes:
'Government wishes to re-assure the public, both locally and
internationally, that valuable lessons have been learnt from the tragic
events of 10th April 2000 and effective measures are in place (and will be
kept under constant review) to avoid a recurrence of a break-down of public
order.
'Government  is of the view that the spirit of reconciliation will be
further  strengthened and enhanced by its decision not to prosecute anyone,
be it student or otherwise, for any matter arising out of the breakdown of
public order on 10th and 11th April 2000.
'Whilst government does not agree with all the recommendations of the
Commission of Inquiry and the Coroner's Report, the government nevertheless
appreciates the hard work and dedication put in by both the Commission of
Inquiry members and the coroner.'
• Details of commission's and coroner's reports, and government reactions:


• Commission of Inquiry and Coroner's reports
• Government reactions and decisions

The following is a summary of the government statement relating to the
report of the Commission of Inquiry into the public disturbances of 10th and
11th Aril last year, and the Coroner's inquest into the deaths that
occurred.

FOLLOWING a break-down of public order on April 10th and 11th 2000, the
President, in exercise of his powers under Section 200(1) of the 1997
constitution, set up a Commission of Inquiry. Its terms of reference were:
(a) to determine the extent to which any individual or group of individuals
directly or indirectly contributed to it;
(b) to assess and quantify the material loss occasioned by the break-down of
public order.
(c) to make recommendations as to how a recurrence of such a breakdown of
public order can be avoided.

The Commission was sworn in last May and began public hearings soon after.
It submitted its report to Government in October.  There was also a minority
report.
The Commission's report declared: 'The events of 10th and 11th April 2000
were clearly a turning point in the history of the Gambian nation.  The
events have shown that peace must be deliberately nurtured. If it is not
anarchy and civil strife may be the consequences, as events in some
neighbouring countries have shown.'

Youth

The report recommended: 'Youths in general should be educated to know the
process of justice and to respect law and order. They should also appreciate
the fact that sometimes justice requires thorough investigation over a
considerable period of time before suspects are brought to stand trial.
Students must also desist from activities which may be interpreted as having
political undertones whilst at school.'
The commission said that seven students who form part of Gamsu leadership
may be prosecuted under the Public Order Act, because they took the decision
on 7th April to organise what they referred to as a peaceful march to be
held on Monday 10th April. The seven are Omar Joof  (president); Alhaji S.
Darboe (vice-president); Alasan Ceesay (treasurer); Daniel Davies (assistant
secretary-general); Baboucarr Ann (secretary, advisory committee); Mamud
Njie (assistant chairman, advisory committee); and Alieu Khan (president,
Gambia College Sub-Union);

Security

The commission recommended that the police should 'make it a point of duty
to speed up all investigations and to be transparent in all sensitive
cases...to convince the nation that justice is being done'.
It recommended that the police should be equipped with 'appropriate and
up-to-date gear, including water canon, to deal with all types of civil
unrest', and said that all security agencies should be 'more flexible,
courteous and tactful in their dealings with the public'.
The commission recommended that the 'top police authority on the ground at
Kanifing' on 10th April 'should accept responsibility for the tragedy. They
named the Secretary of State for the Interior,  Ousman Badjie; the (then)
Deputy Inspector-General of Police, Sankung Badjie; the Commissioner of
Operations, Baboucarr Sowe; and the Assistant Superintendent of Police,
Momodou Ceesay.
The commission recommended that Police Intervention Group (PIU) personnel
deployed on 10th April between GTTI and Westfield junction should assume
responsibility for the deaths and injuries which occurred as a result of
gunshot and face prosecution for their acts.
It recommended that Gorgi Mboob of the Police Licensing Office, Banjul, and
the PIU officer who carried an AK47 rifle and fired in the direction of
students at St Augustine's Senior Secondary School should face charges.
The commission recommended that disciplinary action should be taken against
six PIU personnel based in Banjul: Inspector Omar Darboe; Constable Momodou
Lamin Fatty; Constable Abdoulie Bah; 1st-Class Constable Adama Saidy;
1st-Class Constable Modou Ceesay; and 1st-Class Constable Modou Gajaga, who
'forcefully entered' St Augustine's Senior Secondary School compound on 10th
April.
The commission recommended that Corporal Lamin Camara, Lance-Corporal Njie,
Private Lamin Camara, Private Paul Mendy and Private Alieu Kambi of 2nd
Battalion, Farafenni, be prosecuted for deaths and injuries  at Brikamaba on
11th April 2000.
It said disciplinary action should be taken against the three police
officers - Inspector Mandinding Fatty, Station Officer Brikamaba Police
Station; 1st-Class Constable Lamin Drammeh; and Detective 1st Class Fakebba
Darboe - for the roles they played during disturbances at Brikamaba on 11th
April.
The commission recommended that the two groups of soldiers from Basse and
Kudang under the command of Lieutenant Samba Baldeh and Lieutenant Wassa
Camara respectively should also face disciplinary action for the 'inhumane
treatment of some citizens of Brikamaba on the 11th April 2000'.

Student discipline

The commission went on to recommend that school authorities must be mandated
to enforce discipline,  and that appointments as school heads and deputies
should be carefully made to ensure that discipline is effectively
maintained.

Education

It recommended that the Department of State for Education and heads of
educational institutions should be responsive to students' needs and
concerns. 'The Department of State should be more efficient and be mindful
of the training of their staff.  Appointments in the department should
reflect appropriate qualifications relevant to the positions.'
The commission said parents should be charged with the responsibility of
monitoring their children's progress and behaviour at home and in school,
and not rely solely on teachers and the educational authorities. The public
should be sensitised to be patriotic and respect public and private
property.
It recommended that a formal council of elders should be instituted in all
towns and villages for the purpose of providing peace and tolerance, and
added that society in general should respect the rule of law.
It also recommended that the payment of compensation be considered for the
families of the dead and injured.

Coroner's inquest

On an application by the Attorney-General, the Chief Justice convened a
coroner's inquest to determine the cause of death of 12 people, mostly
students, who died as a result of the break-down of public order. The
coroner submitted his report to the Chief Justice.
The Coroner determined:
• Abdoulie Sanyang of Old Jeshwang died from a stampede, and   his death was
an accident.
• Bubacarr Badjie, a student, aged 10, died of gunshot wounds from a
high-velocity weapon.
• Wuyeh Fode Mansally, a student at Talinding Islamic Institute, died of
gunshot wounds from a high-velocity weapon.
• Momodou Lamin Njie, a GTTI student, died of gunshot wounds.
• Calisco Prera, a resident of New Jeshwang, died of gunshot wounds.
• Karamo Barrow, a former student of the Institute for Continuing Education,
died of gunshot wounds.
• Reginald Carrol, a student of La Fourmi Institute, Kanifing, died of
gunshot wounds.
• Omar Barrow, journalist and Gambia Red Cross volunteer, died of gunshot
wounds
• Momodou Lamin Chune, student of Latrikunda Middle School, died of gunshot
wounds.
• Lamin A. Bojang,  student of Nusrat Senior Secondary School, died of
gunshot wounds.
• Ousman Sabally, student of Brikamaba Upper Basic School, died of gunshot
wounds.
• An unknown male teenager of Brikama died of gunshot.


The coroner added that he was convinced that all the deaths were caused by
live bullets.


Government reaction

The government statement says the commission did not inquire into the causes
of the break-down of public order on 10th and 11th April. 'This is a
fundamental point of departure; its failure to do so 'deprived it of the
opportunity to address such a fundamental point.'
Ostensible causes

The statement continues that the death of Ebrima Barry and the alleged rape
of a child called Binta Manneh by someone - allegedly, in uniform - have
been given as the reasons for the public disorder.
'No evidence was put before the commission to warrant the unfair and false
allegation that there was any attempt at cover-up. Indeed, at the time of
the break-down of public order (barely one month after the death of Ebrima
Barry), the suspects had been apprehended, detained and charged.
'The government took the unusual step of appointing an Independent Public
Prosecutor...[he] has done such a fine job that, regardless of the result of
the case, public confidence in the justice system has been restored.
On the alleged rape of Binta Manneh of Brikamaba Junior High School, alleged
to have been perpetrated by a security officer in uniform, the government
statement says:  'Everything humanity possible has been done to ascertain
the primary facts and then, if need be, apprehend the culprit.  All the
security officers on duty were paraded, but Binta Manneh could not identify
her assailant. No medical report was produced.  There is fact, as yet, no
certainly that she was raped [or]when and where.
'Obviously, unless the alleged crime was connected to a particular person,
no arrest could legally be made.  The inability of the victim to identify
the culprit is a serious obstacle, but it was to make it look like
unwillingness on the part of the police to arrest the offender.

Possible real causes

Government says it regrets the commission's failure to examine how the two
ostensible causes were reported in the press, and to what extent that led to
the break-down of public order.
Government says it also regrets the commission's failure to examine the
efforts exerted by, among others, officials of the departments of state for
the Interior and Religious Affairs and Education, 'as this would have shown
beyond peradventure that government had done everything possible to resolve
the issue; and had indeed every right to expect that its efforts would
resolve the issue amicably'.
The commission's failure to enquire into causes (as opposed to the event
itself) deprive it of the opportunity to avert its mind to the fact that
student meetings leading up to 10th April were held in secret, and the
intention could only have been to catch the security forces unawares.
'Enquiring into causes would have enabled the commission to assist the
government in determining that damage to property to the tune of
D16,017,137.50 in two days can only be the result of a well-planned and
well-executed operation.
Such an enquiry, the statement continues, would have brought into prominence
the fact that the Inspector-General of Police was willing to provide the
students with a police escort to stage a peaceful march if only they would
apply for a permit, which they never did.  An enquiry into causes would have
enquired why there was no application for permit to stage a march, even when
invited to do so.

Security forces

The statement says that while government accepts that speedy and transparent
investigation of all sensitive cases is essential to ensure that justice is
being done, it repeats its earlier assertion that everything possible was
done to ensure justice was done in the cases of Ebrima Barry and Binta
Manneh.
Government has accepted the recommendation that the police should be
well-equipped with appropriate and up-to- date gear, including water canon,
to deal with all types of civil unrest.
It agrees with the need for all security agencies to be flexible, courteous
and tactful in their dealing with the general public in full accord with the
operational principle and procedures of all security forces in The Gambia.
But, the statement continues that government rejects that
'top police authority on the ground at Kanifing on 10th April 2000 should
accept responsibility for the tragedy that happened'.
It says evidence before the commission on their behaviour before or on 10th
and 11th April 2000, show that they exercised maturity and patience. It was
the Secretary of State for the Interior, Ousman Badjie, in particular, who
secured the release of the student leaders arrested.  It was the shots from
the yet-to-be-identified persons which caused the commotion and escalated
the crises.  'The Secretary of State for the Interior could not conceivably
be held responsible for the ensuing mob action.'
Government also rejects the commission's conclusion that punitive measures
should be taken against certain security personnel.
'Having regard to the ultimatum issued by Gamsu to the Inspector-General of
Police on 24th March; the deception practised on the government officials
who were in contact with the students before 10th April; the clandestine
meetings of the Gamsu executive; the extensive nature of the damage caused
within a period of 48 hours; the deliberate failure by Gamsu officials to
seek for and obtain permission for the students' march; the assembly at GTTI
and other places without a permit; the failure by Gamsu to inform the
students that the planned peaceful march was agreed to be called off; the
refusal by students to comply with lawful orders by the Secretary of State
for the Interior to calm down and to move inside GTTI premises - all these
constituted a defiance to constitutional authority and posed a definite
threat to life, property and national security to which the security forces
must respond.
The government says the commission's findings that security officers led by
Inspector Darboe, including Corporal Gorgi Mboob, unlawfully entered school
premises and trespassed there similarly is not borne out by the law.  'The
police and other security personnel have a right, indeed a duty, to enter
premises in order to prevent the commission of a crime or to apprehend
suspects.  The entry could never be criminal.'

Brikamaba

Government says it accepts that students went on a rampage and destroyed
property.  But it says the finding that fire officers led by Corporal Lamin
Camara should be held responsible for the two deaths is 'rather strange'.
'There was not a single eye-witness to the fact that it was the fire
officers who fired the shots that killed the students.  The conclusion is
all the more tenuous, as there is no match between the bullets and the
guns.'
The statement says the commission's finding concerning events at
Janjangbureh are in order, but government does not accept the recommendation
for criminal prosecution.

Coroner's inquest

The government says the coroner concluded that twelve victims (except one)
were killed by gun-shot wounds  caused by live bullets.
Under Section 9 of the Coroners Act the coroner has the power, at the end of
any such inquiry, if he considers that an offence has been committed by a
known person, to issue a warrant for his arrest.
If, on the other hand, the coroner considers that an offence has been
committed by a person or persons unknown, he
should record that opinion accordingly; and similarly, if he is of the
opinion that no offence has been committed.
Section 10 of the Coroner's Act gives the Chief Justice power to examine the
record of the Coroner and correct any defects or irregularity.
The government reaction is that the coroner did not state any opinion as to
the commission or non-commission of a crime or crimes by any persons, known
or unknown.  The Chief Justice, having examined the record of the coroner
'must be deemed to have satisfied himself as to the correctness, legality or
propriety of the finding and verdict'.
The Coroners Act further empowers the Chief Justice under Section 11 (1),
upon application by the Attorney-General (and if the Chief Justice is
satisfied that such an application is necessary), to among other things,
'direct any inquest to be re-opened for the taking of further evidence'.
The statement says: 'In the light of government's admirable efforts in
initiating and sustaining a healing and reconciliation process, government
is of the opinion that an application to re-open the inquest would
"claw-back" all the admirable gains so far made in the on-going healing
process.'

General conclusion

The government statement concludes: 'Government has authorised the
publication of the reports of the Commission and the coroner's inquest for
general distribution.
'Government has already taken steps to implement some of the recommendations
of the Commission, especially as it relates to the setting up of community
groups like council of elders.
'Government will intensify the on-going process of consultation with all
stakeholders in the education sector.
'Government wishes to re-assure the public, both locally and
internationally, that valuable lessons have been learnt from the tragic
events of April 10th 2000 and effective measures are in place (and will be
kept under constant review) to avoid a recurrence of a break-down of public
order.
'Government  is of the view that the spirit of reconciliation will be
further  strengthened and enhanced by its decision not to prosecute anyone,
be it student or otherwise, for any matter arising out of the breakdown of
public order on April 10th and 11th 2000.
'Whilst government does not agree with all the recommendations of the
Commission of Inquiry and the Coroners Report, the government nevertheless
appreciates the hard work and dedication put in by both the Commission of
Inquiry members and the coroner.'



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