Hi Mboge!
You´re right. Section 19 (2) of the Constitution makes
this provision. Thanks for your contributions.
Buharry.
----- Original Message -----
From: momodou olly-mboge <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, July 20, 2000 5:04 PM
Subject: Re: State challenges 'unconstitutionality' of Dumo's detention
> Buharry,
>
> Thanks again for the insightful observations. I think the law also states
> that, any person arrested should have access to an attorney after 3 hours.
> Mr WoWo is fighting an already finished battle. He might have been
> intructed by his bosses to delay the release of Dumo and Co. but he should
> be informed that we are a formidable force. This is a war of liberation.
> We shall overcome. Africa deserves better.
>
> Regards
>
>
> >From: MOMODOU BUHARRY GASSAMA <[log in to unmask]>
> >Reply-To: The Gambia and related-issues mailing list
> ><[log in to unmask]>
> >To: [log in to unmask]
> >Subject: Re: State challenges 'unconstitutionality' of Dumo's detention
> >Date: Thu, 20 Jul 2000 16:36:02 +0200
> >
> >Hi!
> > I wonder how Mr. Wowo can justify his "99 per cent chances of
winning
> >the appeal based on the law". Maybe he meant he had 99% chance of losing
> >and
> >he was misquoted. Doesn't the law say that an arrested individual must be
> >brought before a court of law as promptly as possible and in any case
> >latest
> >72 hours after the arrest? It took the state over two weeks. Even 14 days
> >according to my calculator is 336 hours and it took them more than 14
days
> >to charge Dumo. What is so ambiguous about the law or better still, which
> >law is Mr. Wowo talking about?
> > The law also says that no one shall be subjected to arbitrary arrest
> >and
> >detention and that those arrested shall be arrested in accordance with
the
> >procedures of the law. Unless I am dreaming can Mr. Wowo please show us
> >where in the laws of The Gambia it is stated that someone can be arrested
> >and kept for over 300 hours without being charged, kept for over 3 weeks
> >without access to a lawyer when the Constitution grants the arrested
> >individual the right to "consult a legal practitioner"? C'mon, his
lawyers
> >are still trying to locate him. How can they effectively prepare his
> >defence
> >when they can't even find him?
> > On what grounds should the suit against the state be dropped when
> >section 19, subsection 6 of the Constitution clearly states that "any
> >person
> >who is unlawfully arrested or detained by any other person shall be
> >entitled
> >to compensation from that other person or from any other person or
> >authority
> >on whose behalf that other person was acting"? Doesn't over 300 hours of
> >detention without charge instead of 72 and refusal to let him have access
> >to
> >his lawyer and family constitute unlawful detention? Even when a state of
> >emergency is declared, section 36 (b) of the Consitution provides that
"the
> >spouse, parent, child or any other available next-of-kin 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". The law is very clear that even
> >those arrested under a state of emergency shall have certain inalienable
> >rights. Yet these rights are violated in a non-emergency situation.
C'mon,
> >Mr. Wowo, please save the Gambian taxpayer some money by not fighting
what
> >is so obvious. Thanks.
> >
> >Buharry.
> >----- Original Message -----
> >From: Bokaloho <[log in to unmask]>
> >To: <[log in to unmask]>
> >Sent: Thursday, July 20, 2000 1:58 PM
> >Subject: State challenges 'unconstitutionality' of Dumo's detention
> >
> >
> > > >From today's Observer:
> > > "The state has filed an appeal (överklagande) in the Court of Appeal,
> > > contesting the decision passed by High Court Judge, Justice Mam Yassin
> >Sey,
> > > that the continued detention of Modou Dumo Sarho, was
unconstitutional."
> > > .... "Dissatisfied with Justice Sey's ruling, the indefatigable
> >principal
> > > state counsel, Joseph Wowo, filed an appeal on behalf of the state the
> >same
> > > day, contesting the ruling." "In an appeal dated July 18th, 2000, Wowo
> > > argued that Justice Sey, 'erred in law in holding that the arrest and
> > > detention of modou Dumo Sarho is unconstitutional and unlawful..." "Mr
> >Wowo
> > > asked the Appeal Court to issue a declaration setting aside Justice
> >Sey's
> > > decision" and " .... issue another declaration that the acts of the
> >state
> > > were constitutional and lawful" and "dismiss the suit brought against
> >the
> > > state. Asked whether he had chances of winning his appeal, Mr Wowo
told
> > > Daily Observer, 'The State has 99 per cent chances of winning the
appeal
> > > based on the law.' The Appeal Court is yet to fix a date for the
appeal
> > > hearing."
> > > They are really showing their true faces, aren't they!?
> > > By the way, the lawyers have not yet been able to locate Dumo. They're
> > > working on it. I should guess that the legality even of that
magistrate
> > > ruling in Kanifing last Friday could be questioned in the light of the
> > > absence of counselling for the accused.
> > > Annika
> > >
> > >
>
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> > >
> > >
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