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.
>
>
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>       NAME
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>       PLACE OF RESIDENCE
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Mansour Ceesay
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