In a message dated 4/19/2001 8:56:55 AM Central Daylight Time,
[log in to unmask] writes:
<< Iīm very surprised if itīs so, that The Gambia can put a law in action,
which works retrograde.
Itīs a principle in all law-making, that a law is not in action until itīs
been published. And itīs a principle that a law can not cover, meet the
demands of action taken place, before the law is put into action by
publishing it. That means that a law can not cover situations back in time,
before the law was made. Itīs simple because every person has the right to
know if his doings, actions are under a law, is law-abiding or law-breaking.
Else you can establish a law under which people can be brought to court for
actions, which when they did so was not against any law. If you can put laws
into action which works backward or retrograde , you can not as a citizen
protect yourself from what could come up in the future >>
***************************************
I am no lawyer, but I do not think that there is any way that laws can be
passed to apply retoractively, except if you are Yaya Jammeh's government and
his collaborators.
You do ask some very pertinent questions Absjorn, but I'm afraid that trying
to make sense out of what the APRC government does is like trying to go up
the down staircase.
The mere fact that this present government, along with the help of those who
are entrusted with upholding the laws of our land has come up with such a
"decree" that they call a law ( and I agree with Dampha, it is indeed a
decree) makes it abundantly clear that these people know that they have
broken innumerable laws, and committed crimes too numerous to name against
the Gambian people, otherwise, why would they feel a need to come up with
such a so called law?
A while back, some of the Jammeh emmissaries were dispatched to the L to feel
out the atmosphere for "forgiveness and reconciliation" as they called it,
reminding us that South Africa was able to have a truth and reconcialition
committee. This was a mission to feel the pulse of those most likely to push
for justice once these people are out of office. This talk of "forgive and
forget" was not well received here. Therefore, the next plan of action was to
try to inact laws that will protect these people and indemnify them against
any criminal prosecution in the future for all crimes committed in the past,
present and future. What a shame that sons and daughters of Gambia should
take part in the formulation of such laws.
I had a long conversation with a friend last night which was quite an
education for me, and I will relay their observations later because I think
they are amazingly relevant and need to be heard by all Gambians. One of the
things this friend said, and something that I think is so very true and
obvious, is that the Jammeh government has backed themselves into a tight
corner that they do not know how to get out of. These people know that they
face prosecution if they ever leave office so they see themselves as having
one of two choices.
They either put into motion all that it takes to stay in power because they
are safe from prossecution as long as that is the case, or they step down and
face prosecution. Even if these guys were assured by Gambians that they will
not be prosecuted in return for stepping down, they will have a hard time
believing this.
This creates a huge dillemma for us as well as this regime. They are in a
tight corner, and their reactions these days is that of a person struggling
for survival, as well as in a state of panic. This is compounded by the fact
that it is certain that there is a great deal of mistrust amongst the Jammeh
regime itself, and no one can be surprised by that.
It is this friend's opinion as well as mine that there is no doubt that the
thing that most pre-occupies Yaya Jammeh is his personal safety these days,
and given the atmosphere these guys have created, this is inevitable.
Needles to say, desperate people do desperate things as evidenced by the
bizarre decisions that this government makes.
Therefore, we have a big dillemma infront of us. How do we diffuse such a
volatile situation? Let us debate this people, because we have to find a
solution to this potentially volatile sotuation. It is time to put our heads
together on this issue, and I will be very happy to hear the opinions on how
to defray this tense situation from all of you, especially Ebrima Ceesay, Dr
Saine, and all of you brilliant Gambians.
Jabou Joh
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