I join KB in congratulating Justice Sey for her continued dispensation of
justice without fear or favour. If I may point
out that it was the same Justice Sey who released the detained students after
the April 10th student massacre.

Beran


'Dumo's Detention Unconstitutional'
The Daily Observer
July 19, 2000
Banjul - The High Court yesterday handed a watershed ruling and declared that
the continued detention of Modou Dumo Sarho violated his human rights guaranteed
by the 1997 Constitution.
Sarho, a member of the Movement for Justice in Africa-Gambia (Moja- G), has been
charged with treason, Friday, along with the former aide- de-camp to the
president, Lt Lalo Jaiteh, Lt Omar Darboe and other civilians.
Handing down her ruling before a crowded court yesterday, Justice Mam Yassin Sey
of the High Court questioned the legality of Dumo's continued detention.
Citing various provisions of the Constitution, Justice Sey said anybody who is
arrested and detained for any suspected offence "shall be brought without undue
delay before a Court and in any event within 72 hours."
Justice Sey went further to cite another provision of the Constitution which
states, "The fundamental rights and freedoms enshrined in this Constitution will
ensure for all time, respect for and observation of human rights and fundamental
freedom for all without distinction as to ethnic, considerations, gender,
language or religion. In acknowledging our fundamental rights, we also affirm
our duties and responsibilities as citizens of this country."
Justice Sey also ruled that the gravity of the offence was irrelevant.
She said principal state counsel, Joseph Wowo's argument that the detention of
Dumo was in the public interest was misconceived.
Although Justice Sey accepted the submission of Joseph Wowo, that respect for
fundamental rights and freedom can be subjected to the public test, she pointed
out, "The construction of the wording in section 19 (3) of the Constitution is
very clear; that anybody detained must be brought to court within 72 hours."
Justice Sey quoted various legal authorities and also the preamble of the
Constitution.
With regards to an application sought by lawyers Emmanuel Joof and Ba Tambedou,
for the immediate and unconditional release of Modou Dumo Sarho, Justice Sey
ruled that since Dumo and others have been charged, she could not grant the
application.
Speaking to reporters after the ruling, human rights lawyer, Emmanuel Joof,
said, "the ruling shows that we have a Constitution which guaranteed our lives,
and the executive, in whatever they do, must adhere to the provisions of the
Constitution because nobody is above the law. If you arrest someone, you have to
follow the provisions of the law."
Annika Renberg, wife of Dumo Sarho, said the ruling "is a victory."
Mrs Renberg praised the court for expeditiously hearing the matter.
She said her husband's constitutional rights had been breached, adding, "For
three weeks, no one knew where he was, no one knew why he was charged, no one
could see him, and they all denied they were having him. At least now, they have
admitted they have him, and although they have not yet told us where they held
him."
Lawyers Joof and Tambedou are making efforts to meet Dumo.

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