The Central Committee,
Thank you for your frank and enlightening open letter.I hope it would serve its purpose and help the government of the day to understand some of the serious mistakes or miscalculation done deliberately or out of ignorance,and the possible repercussions.
We as Gambians must not allow political or ideological differences to disintegrate our Nation to the level of our counterparts on the continent or else where in the world.Infact,political or ideological differences most be seen in a positive light,as it gives the citizen a variety to choose from,and at the sametime the quickes mass educational arena.
All political parties and politicians in Gambia claim to have the Nation at heart.None go to the people with the promise of battering our sovereignty for personal gain,or robbing our liberty and dignity from us.All promise us bread and butter,honey,milk and roses,but with different approaches.We should encourage,tolerate and uphold this blessing and not to discourage it.Those who exhaust themselves,or are politically bankrupt,or lacks a political direction or has a demigod vision or have difficulty in synchronising theory and practise,must be honest to themselves and their electorates to relinquish the so-called power back to the people,or step down from their political position and platform,rather than plunging the Nation into an unknown destiny.All Gambians have the right to associate with any political party or ideology that conforms with the standard stipulated in the constitution without prejudice.None of us owns Gambia.We own it collectively and no one can claim of having a better intention and greater love for the Nation than the other.Governments will come and go,while the Nation stays put.Governments should strive to make a differences to reduce the suffering of the people and improve their socio-economic standard inorder to be absolve by history as good Government.On the other hand,you cannot rob the Nations wealth,deceive the innocent,torture and murder political opponents and expect glory in reward.History has ever been a good judge.
Instability,insecurity and violence should not be in the interest of any Government and Nation and should be condemn.
Violence is not a property of any individual,group or a Government.Any person can take it and make it his or her property.We are seeing societies that are completely ungovernable and every one end up to be a looser.The seeds of such rootless violence connot be allowed to grow.We must all join hands to nip it from the bud.
Best of regards to the Nyassi family in Brikama,and hope for the best.
Praises are due to our ancestors+ACEAIQ-
Landing Alkalo Sanyang
-----Ursprungligt meddelande-----
Fr+AOU-n: Foroyaa +ADw-foroyaa+AEA-COMMIT.GM+AD4-
Till: GAMBIA-L+AEA-MAELSTROM.STJOHNS.EDU +ADw-GAMBIA-L+AEA-MAELSTROM.STJOHNS.EDU+AD4-
Datum: den 31 maj 1999 18:04
+AMQ-mne: On the mode of arrest of Shyngle Nyassi
+AD4-Published in FOROYAA of 31 - 3 June, 1999.
+AD4-
+AD4-
+AD4-ON THE MODE OF ARREST OF SHYNGLE NYASSI
+AD4-
+AD4-An open letter to President Jammeh
+AD4-
+AD4-
+AD4-The dictates of justice, conscience and the national interest have compelled
+AD4-us to address this letter to you, in particular, and copied all civic
+AD4-leaders in the country, in general.
+AD4-
+AD4-Mr President, two conditions are recipes for plunging a nation into the
+AD4-abyss of catastrophe, that is, an apathetic population and a leadership
+AD4-which is oblivious to criticism. It goes without saying that those who
+AD4-fiddle with their thumbs and allow a nation to be delivered steadily into
+AD4-the arms of uncertainty and insecurity cannot be absolved by history.
+AD4-
+AD4-Mr President, it is over two years since the constitution of the Second
+AD4-Republic came into force. One would have thought that by now any government
+AD4-which is sensitive to the dictates of the Constitution and responsive to the
+AD4-needs and aspirations of the Gambian people would have established a basis
+AD4-for managing the affairs of the country according to the principles
+AD4-established by the Constitution.
+AD4-
+AD4-In that case, the arrest and detention of a person for over twenty four
+AD4-hours without access to legal counsel would be inconceivable. The fact that
+AD4-this is taking place at this very moment gives cause for concern. It is
+AD4-elementary knowledge that the fundamental requirement of the Constitution is
+AD4-for government to utilise its authority to promote the general welfare and
+AD4-prosperity of the people.
+AD4-
+AD4-Needless to say, without the people there can be no country. Hence the most
+AD4-elementary of the functions of a government is to safeguard the liberty and
+AD4-security of the people. This is precisely the reason why Section 19 of the
+AD4-1997 Constitution states categorically that:
+AD4-
+AD4- +ACI-(1) Every person shall have the right to liberty and security of person.
+AD4-No one shall be subjected to arbitrary arrest or detention. No one shall be
+AD4-deprived of his or her liberty except on such grounds and in accordance with
+AD4-such procedures as are established by law.
+AD4-
+AD4AIg-(2) Any person who is arrested or detained shall be informed as soon as is
+AD4-reasonably practicable and in any case within three hours, in a language
+AD4-that he or she understands, of the reasons for his or her arrest or
+AD4-detention and of his or her right to consult a legal practitioner.
+AD4-
+AD4AIg-(3) Any person who is arrested or detained-
+AD4-
+AD4AIg-(a) for the purpose of bringing him or her before a court in execution of
+AD4-the order of a court+ADs- or
+AD4-
+AD4AIg-(b) upon reasonable suspicion of his or her having committed, or being
+AD4-about to commit, a criminal offence under the law of The Gambia,
+AD4-
+AD4AIg-and who is not released, shall be brought without undue delay before a
+AD4-court and, in any event, within seventy-two hours.
+AD4-
+AD4AIg-(4) Where any person is brought before a court in execution of the order of
+AD4-a court in any proceedings or upon suspicion of his or her having committed
+AD4-or being about to commit an offence, he or she shall not thereafter be
+AD4-further held in custody in connection with those proceedings or that offence
+AD4-save upon the order of a court.
+AD4-
+AD4AIg-(5) If any person arrested or detained as mentioned in subsection (3) (b)
+AD4-is not tried within a reasonable time, then without prejudice to any further
+AD4-proceedings which may be brought against him or her, he or she shall be
+AD4-released either unconditionally or upon reasonable conditions, including, in
+AD4-particular, such conditions as are reasonably necessary to ensure that he or
+AD4-she appears at a later date for trial or proceedings preliminary to trial.
+AD4-
+AD4AIg-(6) Any person who is unlawfully arrested or detained by any other person
+AD4-shall be entitled to compensation from that other person or from any other
+AD4-person or authority on whose behalf that other person was acting.+ACI-
+AD4-
+AD4-Mr President, it has been brought to our notice that at about midnight on 26
+AD4-May, 1999, a number of personalities arrived at Shyngle Nyassi's compound
+AD4-with a transport bearing registration number BJL 5424A. They were reported
+AD4-to have broken into his home and abducted him. Since then, he has not been
+AD4-seen by his family.
+AD4-
+AD4-We have contacted the Police Headquarters and have been reliably informed
+AD4-that he is not under police custody. At least this was the case up to
+AD4-Friday, 28 May, 1999.
+AD4-
+AD4-Mr President, the security of the human person is regarded to be so
+AD4-significant that Section 36 of the Constitution has asserted in no uncertain
+AD4-terms that even if the person is detained under emergency powers:
+AD4-
+AD4AIg-(a) he or she shall, as soon as reasonably practicable, and in any case not
+AD4-later than twenty four hours after the commencement of the detention, be
+AD4-furnished with a statement in writing specifying in detail the grounds upon
+AD4-which he or she is detained+ADs- and the statement shall be read, and if
+AD4-necessary, interpreted, to the person who is detained in a language which he
+AD4-or she understands+ADs-
+AD4-
+AD4AIg-(b) the spouse, parent, child or other available next-of-kin of the person
+AD4-detained shall be informed by the authority effecting the detention and
+AD4-shall be permitted access to the person concerned at the earliest
+AD4-practicable opportunity, and in any case not later than twenty-four hours
+AD4-after the commencement of the detention+ADs-....+ACI-
+AD4-
+AD4-If this standard is established for detainees during a state of emergency,
+AD4-one would expect that in a state of normalcy a behaviour that is less
+AD4-stringent should be expected from any government which adheres to the spirit
+AD4-and fundamental principles of the Constitution.
+AD4-
+AD4-It is important for your government to bear in mind that people can have
+AD4-medical problems and certain exposure to difficulties can become fatal.
+AD4-Nothing is more destructive to the image of a government than to be left
+AD4-with a dead body during a state of detention. There is, therefore, little to
+AD4-be gained in condoning arbitrary arrest and detention.
+AD4-
+AD4-In our view, the maturity of the Gambian people has been growing steadily
+AD4-and sectionalist politics and the politics of intimidation cannot simply
+AD4-take root. The Gambian people are scrutinising the politics of the party in
+AD4-government, as well as that of the opposition. It is best to leave them to
+AD4-be the judge.
+AD4-
+AD4-We are fully convinced that it is becoming increasingly impossible for the
+AD4-Gambian people to be subjected to any form of manipulation by any political
+AD4-party in this country. What we need in this country is a debate+ADs- a battle of
+AD4-programmes and ideas regarding how best to promote the liberty and general
+AD4-welfare of the people, not strong arm measures.
+AD4-
+AD4-
+AD4-You should bear in mind that your government's attitude towards the
+AD4-constitutional provision can lead to the enhancement or deterioration of the
+AD4-political climate in this country. No one who is faintly familiar with the
+AD4-uncertainties that arbitrary arrest and detention engender can afford to be
+AD4-relaxed when such actions occur.
+AD4-
+AD4-The days when your government could be seen by the average Gambian as a new
+AD4-one which is trying to cope with the exigencies of statecraft is over. Your
+AD4-failure to cope with acceptable norms of governance could only erode the
+AD4-stability of the country. Your first main challenge is to ensure that a
+AD4-climate exists which can foster the peaceful co-existence of political
+AD4-parties.
+AD4-
+AD4-It is hoped that your government will see the need to nip this practice in
+AD4-the bud and cultivate a system of government which will not honour the
+AD4-provisions of the constitution, which are designed to safeguard the liberty
+AD4-and security of the individual, with total disregard.
+AD4-
+AD4-We also call on all opinion leaders in the realm of religion and culture, to
+AD4-take the initiative to call upon you to exert persuasive influence to foster
+AD4-the release of Shyngle Nyassi, as well as motivate them to call upon all
+AD4-political parties to abide by the dictates of decent and mature political
+AD4-conduct.
+AD4-
+AD4-While anticipating that you will honour this memorandum by intervening to
+AD4-ensure the final settlement of the case in question, we remain,
+AD4-
+AD4-
+AD4-
+AD4-Halifa Sallah
+AD4-For: The Central Committee,
+AD4-
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