HIGH COURT ORDERS THE RELEASE OF 20 STUDENTS

Following the events of 10 April 2000, many student were arrested and
detained. Some were released, but some were still detained.

On 20 April 2000, The Gambia Student Association filed an originating
summons against the Inspector General of Police and the Attorney General
seeking for the following declarations and orders:

a) A declaration that the arrest and detention of Pa Alasan Ceesay, Sainabou
Jaye, Lamin Jobe, Alajie Camara, Ebrima Daffeh, Abdou Sonko, Kaddy Njie,
Musa Jobarteh, Omar Joof, Nakulang Ceesay, Baboucarr Ann, Alieu Khan,
Baboucarr Jonga, Alajie Darboe, Lamin Jadama, Abdou Sonko, Lamin Touray,
Alieu Krubally, Kebba Jallow and Janko Dibba is wrong, and is in
contravention of the constitution;

b) An order directing the unconditional release of these 20 students by the
Inspector General of Police and the Attorney General without further delay;

c) An injunction against the Inspector General of Police, his agents and
servants prohibiting them from interfering or in any way fettering the
liberty of these 20 students.

Hearing took place at the High Court before Justice Sey on Wednesday, 26
April 2000.

The Director of Public Prosecution, Ms Atiba Davies represented the Attorney
General and the Inspector General of Police while the applicant was
represented by a team of lawyers led by Mr Ousman Sillah.

When the case was announced, Ms Atiba Davies applied for an adjournment
because, as she said, she received the application the day before. The judge
turned down the application on the ground that what was before her was not a
motion but an originating summons and that the issue concerned fundamental
rights.

In arguing in support of the motion, Mr Sillah pointed out that the
application was brought in the form of an originating summons. Under
sections 5, 17, 19, 21, 24, 25 and 37 of the Constitution, and the
application was supported by a 31 paragraph affidavit.

Mr Sillah then went through each paragraph. In the end, he noted that the
alleged torture cases will be addressed in due course.

RULING

In her ruling, the judge ordered the respondents to forthwith release the 20
detained students unconditionally; that there should be no interference with
their liberty as they are not charged.

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