Annika,
Am sure we will get some form of closure to this terrible nightmare.It
goes to show the type of judiciary we have but our collective efforts
shall prevail. These are the days of DEAR GOD for many families but
just keep the faith and carry on fighting like you doing so well. The
new development in your husband's abduction appears to be a step in
the right direction. Good luck to both of you.
Best Wishes
Mr Makaveli
PS: By the way I did put your letter to the attorney general on
gambiansonline.com for our regular visitors to take notice and
hopefully offer whatever help they can possibly render. I hope to
add the petition once the draft is completed from Kabir Njie.
>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: Fw: Re: Dumo Petition Draft
>Date: Tue, 18 Jul 2000 18:42:20 -0000
>
>Allow me to clarify some things:
>Yes, Dumo was arrested during the day - in front of witnesses who also
>submitted their reports to the Police when he was reported missing.
>After 20 days last Friday, the NIA admitted that they had him under
>custody,
>when they were brought to Banjul High Court to answer to our accusation on
>unconstitutional abduction and detention. The ruling in that came today as
>earlier mailed to the list.
>BUT: at the same time - on Friday - Dumo & others were arranged in front of
>the Kanifing Magistrate and the ruling there stated that they were to
>remain
>in custody since they were suspected of "planning to overthrow the
>democratically elected government of The Gambia by force" - NOT murder.
>According to a press-release the case will be brought to High Court this
>week.
>
>As at now (Tuesday Afternoon) this is the situation:
>A) the court ruling this morning clearly stated that the arrest and
>detention of
> Dumo & others had been unlawful. AND that the authorities are not
>above
> the law under any circumstance, therefore he should be released. BUT:
>B) Dumo is still remanded due to the order in Kanifing Magistrate on
>Friday.
> (None was allowed to follow the case, neither family nor lawyers)
>C) We (neither family, nor lawyers) still don't now where he is being kept.
>D) Not even the lawyers have had access to see him.
>If the accused are to be brought in front of the High Court this week, it
>is
>of vital importance that they have the right to a thorough defence and now
>it is only three days left of the week...
>I hope that these clarifications can be of help.
>I really appreciate your work with the petition and support it
>wholeheartedly. Had it not been for the local publicity and the
>international pressure, the NIA would have persisted in their denial and
>the
>accused kept in unknown custody indefinitely. Let's keep up the fight!
>Annika
>
>
>
>
>
>
>
>-----Original Message-----
>From: Mansour Ceesay <[log in to unmask]>
>To: [log in to unmask] <[log in to unmask]>
>Date: 18 July 2000 16:39
>Subject: Re: Dumo Petition Draft
>
>
> >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.
> >>
> >>
> >>
> >> NAME
> >>
> >> PLACE OF RESIDENCE
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
>-------------------------------------------------------------------------
>---
> >>
> >> To unsubscribe/subscribe or view archives of postings, go to the
>Gambia-L
> >> Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
> >>
> >>
>-------------------------------------------------------------------------
>---
> >
> >----------------------
> >Mansour Ceesay
> >[log in to unmask]
> >
> >---------------------------------------------------------------------------
>-
> >
> >To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
> >Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
> >
> >---------------------------------------------------------------------------
>-
> >
>
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