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Subject:
From:
Dampha Kebba <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Fri, 28 Jul 2000 16:52:41 EDT
Content-Type:
text/plain
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The lawlessness this woman is narrating brings nothing but shame to me as a
Gambian. The actions of these reptiles is incomprehensible. Here we have a
law-abiding citizen (Dumo) doing something that is beyond his call for duty.
What does he get in return? Impotent morons blinded by paranoia suspecting
him of committing treason. The man could have easily stayed abroad or come
back to Gambia and lead a very private life minding his own business or go
kiss up to Yaya and be made a minister of this illegal regime. He did not do
that. Instead, he was tirelessly helping the most vulnerable in our society
(poor children) to get ahead. He was doing lot more than the vermin that
looted millions of dollars from government coffers and continue to harass,
murder and rape innocent Gambians. This woman must be having the nightmare
of her life-time. Am sure she cannot understand the mentality of people like
Pap Cheyassin Secka. If someone is used to dealing with principled and
honest Gambians like Dumo and Kabir, it would be almost impossible to
understand Secka. Lady, Secka will sacrifice his own blood relative to get
power. Friends like Dumo do not mean anything to that man. If he does not
reply you or does not take the action you want, please do not despair. What
you are asking this man to do for you, he would not even do for his own
blood relatives. These people are loyal to no one except themselves. Ask
Gambians that know Secka back home to tell you about his relationship with
people like Ousainou Darboe and Ousman Sillah before the 1981 coup. People
that know Secka very well will find it hard to believe that there is a more
despicable Gambian than this man. This man is even worst than Yaya in my
book. He is calculating. He is not as dumb as Yaya. At least everyone knows
that Yaya is a mad man with no education and worldly experience. Secka is a
very smart man who could have been doing a better job than most lawyers are
currently doing in The Gambia. He chose not to do that. This was an informed
decision. Even if we forgive the evil he did before going to jail in the
aftermath of the 1981 coup, we should never forgive him for his subsequent
actions. This man had ten years to turn his life around. Get closer to God
and cleanse his soul. Instead, he came out worst than before he went in.
Lady, this man will be the last person to put his neck out for a friend.
Instead of working for the welfare of Dumo and others, he has elevated Wowo
(your husband's tormentor) to a VIP status in The Gambia; giving Wowo armed
guards everywhere and an official vehicle. It is good that you are
highlighting this lawlessness, but please do not get discouraged by Secka's
actions/inaction in this matter. Joof, Tambedou and Sillah are good people
that should more than neutralize the evil Secka. This government cannot do
anything to your husband. They have nothing against him and they know that.
This coup plot was all a figment of their (Yaya and his illegal government)
imagination. The tapes they are talking about do not exist. This is pure
harassment. Young lawyers like Thomasi and Roche should not allow themselves
to be abused in this way by Secka. Tell the man in his face that what he is
asking you to do is illegal. If he wants to argue with that, ask him to go
to court himself and act as a prosecutor and magistrate. Thomasi, why is it
so difficult to cite Secka the law and tell him that without strong evidence
the government cannot hold these people in jail forever? Imagine how you
felt when your uncle Ousainou Njie was unlawfully jailed by this illegal
regime you work for. Mrs. Saho is feeling worst. I would not even deal with
that stupid magistrate. The inexperience she showed in this case is beyond
comprehension. Or did she deliberately do what she did? How can a magistrate
give a ruling that has the potential effect of overturning the decision of a
High court judge. This is contemptuous and can land magistrates in jail. So
apart from the lawlessness being visited on Dumo and others, the magistrate
should have been covering her little behind. But Haddy Roche just showed
that she is either very dumb and inexperienced or she is in on this too.
When Haddy Roche knew that she couldn't try this case and that Dumo's and
Yabo's cases were before the High Court why did she take it upon herself to
order further detention of the suspects? The lawful and logical thing she
could have done was to defer to the High Court rather than aid and abet the
illegal government to perfect its illegal enterprise by proffering those
bogus charges. You just don't charge people or order their continued
detention because prosecutors ask you to do so. Especially prosecutors that
already told you that they do not have strong evidence against the suspects.
If that was the case, prosecutors would not need to go to the magistrates
courts. They would just go to the market to buy charges. Both Haddy Roche
and Ruggi Thomasi should have used their brains and stood up to the AG and
tell him that the law was not on his side. That is what good and decent
lawyers do. What would Secka or Yaya do to you? Fire you from your job? They
can fire you from that job tomorrow if they want. They can rape you and
murder you tomorrow if they want. So what most of the civil servants think
is so sacred is nothing if you look at it closely. There is no job security
or immunity from the criminal behavior of this government. So do not sell
your souls for jobs or silly luxuries that can be lost at the snap of the
finger. Again, Mrs. Saho, keep on fighting. You will prevail eventually.
Lies can never be truth. Whenever you meet a Gambian like Secka, think about
the other decent Gambians like Joof. Do not take Secka's behavior
personally. He would do the same thing to his own blood relative. When you
have the opportunity to talk to your husband, he will explain to you about
Secka. In the meantime, just ask your lawyers about the man.
KB



>From: Bokaloho <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: 2nd open letter to the Attorney General of The Gambia
>Date: Fri, 28 Jul 2000 15:28:06 -0000
>
>Friends,
>Allow me to take your time by sending you a copy of my second letter to the
>AG of The Gambia. This was faxed to him today. Copies were also given to
>the
>local newspapers, the EU Commission, Institute for Human rights and to
>Emanuel Joof.
>Annika
>
>
>                                                     SECOND OPEN LETTER TO
>                                     THE ATTORNEY GENERAL OF THE GAMBIA
>Dear Sir,
>In my first open letter to you, dated June 29th 2000, I took the liberty to
>appeal to you, both in your position as Attorney General of The Gambia and
>as a former political comrade of my husband – Mr Modou (Dumo) Sarho - to
>investigate the case of his abduction on June 24th and to act according to
>the laws of The Gambia. In connection with that letter I was granted an
>appointment with you on Monday 3rd July. You cancelled that appointment but
>promised to write to me instead. Although I fully understand and respect
>that your duties keep you very busy, I am still looking forward to your
>response.
>On Friday 14th July, at the Banjul High Court, my lawyers (Mr Emanuel Joof
>and Bah Tambadou) represented me in a case where the Director General of
>the
>NIA, The Inspector General of Police and The Attorney General were
>suspected
>of unlawful arrest and detention of Mr Modou Sarho. The defendants
>(including yourself) were represented by lawyer Wowo.
>An affidavit from the Director of Internal Security, Mr Foday Barry,
>declared that Modou Sarho and some civilians and military personnel had
>been
>arrested on June 24th and that ”some recorded cassettes, which contained
>plans on how to forcefully overthrow the government and other materials
>were
>recovered from them.” The affidavit further stated that ”since the alleged
>offence touches on state security, releasing the alleged offenders would
>seriously affect further investigations and would also hinder the
>investigation, which would not be of public interest.” Ruling in the case
>was postponed until Tuesday 18th July.
>Later on the same day, Friday the 14th July, the Inspector General of
>Police
>issued a press release, stating that my husband and eight others (incl.
>three absent), on that same day, had been brought to the Kanifing
>Magistrate
>(Ms H.C. Roche) accused of treason on two accounts:
>1.  Conspiring (between March 1999 and June 2000) to overthrow the
>government by
>      unlawful means and
>2.  “… between the months of March 1999 to June 2000 attempted to cause the
>death of the
>      Head of State with a view to securing the overthrow of the Government
>of The Gambia.”
>In front of the Magistrate, Mrs Thomasi, representing the Inspector General
>of Police, explained that she had very recently been provided with the case
>file and would need the weekend to go through the evidence upon which – if
>she found the evidence relevant – she would file the charges in Banjul High
>Court on Monday the 17th July. The Magistrate agreed that the Kanifing
>Court
>does not have the jurisdiction to hear a treason case and ordered that the
>accused persons should remain in custody pending the filing of charges – if
>any – at the High Court. The Magistrate also noted her satisfaction with
>Mrs
>Thomasi’s promise to deal with the case expeditiously.
>On Tuesday 18th July, Justice Mam Yassin Sey ruled in the case of “unlawful
>arrest and detention”, that the long arrest and detention was against the
>constitution and law of The Gambia and that Mr Sarho’s basic human rights,
>as stated in the constitution, had been violated. She also noted that,
>since
>Modou Sarho - after or simultaneously with the hearing - had appeared in
>front of the Kanifing Magistrate and was ordered to be remanded in custody,
>she – Justice Sey - was no longer in the position to order for his
>unconditional release, which she would otherwise have done.
>In a letter, dated July 8th, to the SOS for Interior, Mr A.M. Tambadou
>applied to be allowed to visit Mr Modou Sarho at his place of detention in
>order to be able to offer him legal advice with reference to the serious
>crime he had been charged with. A copy of the letter was addressed to you.
>Mr Tambadou has not yet received any reply. All attempts to meet with Mr
>Sarho and/or find out where he is kept have been futile - during more than
>one month while he has been kept “incommunicado”.
>Sir, this my unexpected first hand experience of the Gambian judiciary
>system has made me wonder about some contradictions that I have noticed.
>Recently I had the pleasure of reading your speech from June 29th on the
>application of international human rights law in The Gambia. In that speech
>you elaborate on how international treaties of human rights are reflected
>in
>Chapter four of the Constitution of The Gambia, especially Sections 19 and
>24. Allow me to quote: ”This chapter provides for the protection of
>Fundamental Rights and Freedoms” and ”we are proud to say that there is a
>judicial system already put in place to ensure that any person alleged to
>have committed an offence and consequently arrested, is held for a period
>not exceeding 24 hours and entitled to be brought before court within 72
>hours.”
>In Daily Observer 7/7 I read about another of your speeches (from a dinner
>hosted by the Nigeria High Commission) were you were said to have
>”described
>The Gambia’s judiciary system as a reference point in the world”. Then why
>is it, that my husband and his co-accused are still, after more than one
>month, held incommunicado? Why did the prosecutor, Ms Thomasi, not file the
>charges with the High Court in Banjul on Monday the 17th July, as she
>promised? Can it be because of lack of evidence? If so – why are my husband
>and his co-accused not released immediately?
>On Tuesday the 25th of July, Mr Kanta Jawo visited the BOKA LOHO Multi
>Purpose Centre. Mr Jawo is the founder of and a teacher at the Boka Loho
>Nursery School in Bunebore, Foni. Bunebore is a very small and very poor
>village, not far from Kanilai. Mr Jawo told us that on July 16th he had
>been
>picked up from his home in Bwiam, by 7 soldiers from the state guard in
>Kanilai. They asked him about ”Dumo” and – handcuffed – he was brought to
>spend the night at the police station in Sibanor. The following day he was
>taken to the NIA headquarter in Banjul where he had to answer further
>questions about Mr Sarho and make a statement. Yes, Mr Sarho has been in
>Bunebore - thrice. Twice on treks up-country when we visited different boka
>loho-groups. The third time (in April) he came back with some boka loho
>students from the Skills Training Centre for a weekend of community work.
>Then they all were busy making mud-blocks to rehabilitate the
>school-building which collapsed during the rains last year. Mr Jawo spent
>two nights at the NIA headquarter and after that he was allowed to sleep
>outside but conditioned to report back daily for further questioning. Until
>on the 25th, when he was told that he did not have to appear again.
>This story strengthens my suspicion that whatever evidence the NIA says it
>has – it does not seem to be enough to substantiate any charges.
>Sir, again I appeal to you - in your capacity as the Attorney General and
>Secretary of State for Justice, and thereby the Highest Judiciary Authority
>in The Gambia - to interfere and let the laws of The Gambia rule – either
>by
>charging my husband for a criminal offence or by releasing him
>unconditionally.
>Meanwhile, the lawyers and I are still awaiting a permit to visit Mr Sarho
>in his place of remand, to at least ensure that he is alive.
>July 27th, 2000
>Yours faithfully,
>
>
>(Annika Renberg)
>Co-founder and volunteer of Boka Loho; wife of Mr Modou Sarho
>
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