Power Leads to Corrupt, Absolute Power Corrupt Absolutely: the NIA - a
State Within a State

The Independent (Banjul)
OPINION
August 4, 2003
Posted to the web August 4, 2003

By D.A. Jawo
Banjul

There is indeed something quite interesting going on at the National
Intelligence Agency (NIA). Of course, no one was surprised at the
revelations first published by The Independent that certain NIA operatives
were alleged to have been involved in an extortion of two German tourists
of eight uncut diamonds and over six million Dalasis cash as well as other
valuables. It was also not surprising that they were alleged to have
detained a Gambian friend of the two Germans and allegedly subjected him to
torture, apparently for him to keep his mouth shut.

However, what was surprising to everyone was the fact that for the first
time since its creation, the NIA has owned up to some alleged impropriety
to the extent of sacking those involved as well as set up a panel to look
into the allegations levelled against them. That is indeed a very
significant development and many people are wondering whether we are
witnessing the beginning of the end to rampant impunity which used to be
the hallmark of things in this country.

There are however those who see this as mere window dressing just because
German nationals are involved and the government does not only want to
impress the international community that there is respect for the rule of
law in this country but they also know that the German government would
never allow such a matter involving its citizens to be brushed aside like
that. "There is no doubt that if this had only involved Gambians or people
of other less powerful countries,nothing would have come out of it and none
of those criminals would have been apprehended," said an opposition
militant.

Indeed many people would no doubt tend to agree with him. We have all
witnessed numerous serious and sometimes credible allegations of torture
and other human rights violations levelled against the NIA and no one was
ever apprehended for them or even a panel ever set up to probe those
allegations. Therefore, most people tend to conclude that it is because
most of those victims were Gambians who unlike the Germans had no one to
stand for them to see to it that just was done.

We can all recall the numerous occasions when journalists and opposition
elements have been detained at the NIA and some of them allegedly subjected
to torture and other inhuman treatment. In June 1997, for example, several
UDP militants were detained there for several days and they were alleged to
have been subjected to torture and other degrading treatment. Indeed when
they were released, they actually showed signs of torture and the
government promised to investigate the allegations.

However, to this day, nothing has been made public about that
investigation, and there was not even any indication that it ever took
place, even though the victims mentioned the names of some of those who
they accused of torturing them.

I wonder whether anyone can remember the number of times that Shyngle
Nyassi, the UDP youth leader was detained at the NIA and allegedly
subjected to torture.

On some of those occasions, he was virtually kidnapped and for several
days, the NIA denied holding him. It has been a similar situation with
other opposition elements such as the leader of NDAM Lamin Waa Juwara, as
well as Dodou Kassa Jaata, a UDP youth activist in Bakau.

Of course, journalists have also not escaped the wrath of the NIA. We can
remember what happened to our colleagues Alieu Badara Sowe of the Daily
Observer in 2000 and and Alhagie Mbye of The Independent in 2001.

Both of them and many others before them claimed to have been tortured
while in detention.

Indeed there have been numerous other allegations of illegal detention and
torture by the NIA and no action has ever been taken against anyone by the
authorities.

That was of course the best encouragement of impunity which is not expected
from a democratic country which has high regard for the rule of law. It is
certainly not compatible with claims by the government that it has been
ranked as the third in Africa in terms of governance. How can a country
with such a security apparatus which is given such blanket powers to do
virtually anything without being accountable to anyone for its actions be
regarded a model of democracy? It is certainly unacceptable in a civilized
country to continue to maintain an institution at the expense of the tax
payers whose actions are not accountable to the people. The NIA is
virtually operating like a state within a state.

We should therefore hope and pray that we are witnessing the beginning of
the end to impunity and henceforth, the NIA would succumb to the scrutinity
of the people for all their actions and behaviour, rather than continue to
behave like lords over the people.




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