Folks, here is a fuller version of the tyrants idiotic machinations. I spoke to a friend a awhile ago and he told me that Pap Cheyassin was rushed to a near by clinic at around 5am this morning. He was in a state of shock. Government decides 'no prosecutions' over events of 10th and 11th April last year THE Gambian government has published the report and recommendations of the Commission of Inquiry in the breakdown of public order on 10th and 11th April last year and the Coroner's report into the deaths of 12 people. The commission recommended that 'top police authority on the ground at Kanifing on 10th April' - Ousman Badjie, Secretary of State for the Interior, the then Deputy Inspector-Inspector of Police, Sankung Badjie (now the Inspector-General) and various top police officers - 'should accept responsibility for the tragedy'. It also recommended that various police, army and fire-service personnel should be prosecuted for causing death and injury. It said that seven members of Gamsu (the Gambia Students' Union) 'may be prosecuted' under the Public Order Act. 'Maturity, patience' Government has rejected that 'top police authority on the ground at Kanifing...should accept responsibility for the tragedy'. It says that evidence before the commission on their behaviour before and on 10th and 11th April showed that 'they exercised maturity and patience...[the Secretary of State, Ousman] Badjie, in particular....secured the release of the student leaders arrested. It was the shots from the yet-to-be-identified persons that caused the commotion and escalated the crises. The Secretary of State for the Interior could not conceivably be held responsible for the ensuing mob action.' Government has also rejected the commission's conclusion that punitive measures be taken against certain security personnel. Government accepts the commission's recommendations that 'speedy and transparent investigation of all sensitive cases is essential to ensure that justice is being done', and that the police should be equipped with appropriate and up-to-date gear, including water canon, to deal with civil unrest. It also agrees with the commission's comment that all security agencies need to be 'flexible, courteous and tactful in their dealing with the general public'. But it says the commission 'did not inquire into the causes of the break-down of public order on 10th and 11th April. 'This is a fundamental point of departure; and its failure to do so deprived it of the opportunity to address such a fundamental point.' A government statement says it has already taken steps to implement some of the commission's recommendations, especially as they relate to the setting up of community groups like councils of elders. It says it will intensify the process of consultation with all stakeholders in the education sector. The statement of government's reactions to the commission's and coroner's reports concludes: 'Government wishes to re-assure the public, both locally and internationally, that valuable lessons have been learnt from the tragic events of 10th April 2000 and effective measures are in place (and will be kept under constant review) to avoid a recurrence of a break-down of public order. 'Government is of the view that the spirit of reconciliation will be further strengthened and enhanced by its decision not to prosecute anyone, be it student or otherwise, for any matter arising out of the breakdown of public order on 10th and 11th April 2000. 'Whilst government does not agree with all the recommendations of the Commission of Inquiry and the Coroner's Report, the government nevertheless appreciates the hard work and dedication put in by both the Commission of Inquiry members and the coroner.' • Details of commission's and coroner's reports, and government reactions: • Commission of Inquiry and Coroner's reports • Government reactions and decisions The following is a summary of the government statement relating to the report of the Commission of Inquiry into the public disturbances of 10th and 11th Aril last year, and the Coroner's inquest into the deaths that occurred. FOLLOWING a break-down of public order on April 10th and 11th 2000, the President, in exercise of his powers under Section 200(1) of the 1997 constitution, set up a Commission of Inquiry. Its terms of reference were: (a) to determine the extent to which any individual or group of individuals directly or indirectly contributed to it; (b) to assess and quantify the material loss occasioned by the break-down of public order. (c) to make recommendations as to how a recurrence of such a breakdown of public order can be avoided. The Commission was sworn in last May and began public hearings soon after. It submitted its report to Government in October. There was also a minority report. The Commission's report declared: 'The events of 10th and 11th April 2000 were clearly a turning point in the history of the Gambian nation. The events have shown that peace must be deliberately nurtured. If it is not anarchy and civil strife may be the consequences, as events in some neighbouring countries have shown.' Youth The report recommended: 'Youths in general should be educated to know the process of justice and to respect law and order. They should also appreciate the fact that sometimes justice requires thorough investigation over a considerable period of time before suspects are brought to stand trial. Students must also desist from activities which may be interpreted as having political undertones whilst at school.' The commission said that seven students who form part of Gamsu leadership may be prosecuted under the Public Order Act, because they took the decision on 7th April to organise what they referred to as a peaceful march to be held on Monday 10th April. The seven are Omar Joof (president); Alhaji S. Darboe (vice-president); Alasan Ceesay (treasurer); Daniel Davies (assistant secretary-general); Baboucarr Ann (secretary, advisory committee); Mamud Njie (assistant chairman, advisory committee); and Alieu Khan (president, Gambia College Sub-Union); Security The commission recommended that the police should 'make it a point of duty to speed up all investigations and to be transparent in all sensitive cases...to convince the nation that justice is being done'. It recommended that the police should be equipped with 'appropriate and up-to-date gear, including water canon, to deal with all types of civil unrest', and said that all security agencies should be 'more flexible, courteous and tactful in their dealings with the public'. The commission recommended that the 'top police authority on the ground at Kanifing' on 10th April 'should accept responsibility for the tragedy. They named the Secretary of State for the Interior, Ousman Badjie; the (then) Deputy Inspector-General of Police, Sankung Badjie; the Commissioner of Operations, Baboucarr Sowe; and the Assistant Superintendent of Police, Momodou Ceesay. The commission recommended that Police Intervention Group (PIU) personnel deployed on 10th April between GTTI and Westfield junction should assume responsibility for the deaths and injuries which occurred as a result of gunshot and face prosecution for their acts. It recommended that Gorgi Mboob of the Police Licensing Office, Banjul, and the PIU officer who carried an AK47 rifle and fired in the direction of students at St Augustine's Senior Secondary School should face charges. The commission recommended that disciplinary action should be taken against six PIU personnel based in Banjul: Inspector Omar Darboe; Constable Momodou Lamin Fatty; Constable Abdoulie Bah; 1st-Class Constable Adama Saidy; 1st-Class Constable Modou Ceesay; and 1st-Class Constable Modou Gajaga, who 'forcefully entered' St Augustine's Senior Secondary School compound on 10th April. The commission recommended that Corporal Lamin Camara, Lance-Corporal Njie, Private Lamin Camara, Private Paul Mendy and Private Alieu Kambi of 2nd Battalion, Farafenni, be prosecuted for deaths and injuries at Brikamaba on 11th April 2000. It said disciplinary action should be taken against the three police officers - Inspector Mandinding Fatty, Station Officer Brikamaba Police Station; 1st-Class Constable Lamin Drammeh; and Detective 1st Class Fakebba Darboe - for the roles they played during disturbances at Brikamaba on 11th April. The commission recommended that the two groups of soldiers from Basse and Kudang under the command of Lieutenant Samba Baldeh and Lieutenant Wassa Camara respectively should also face disciplinary action for the 'inhumane treatment of some citizens of Brikamaba on the 11th April 2000'. Student discipline The commission went on to recommend that school authorities must be mandated to enforce discipline, and that appointments as school heads and deputies should be carefully made to ensure that discipline is effectively maintained. Education It recommended that the Department of State for Education and heads of educational institutions should be responsive to students' needs and concerns. 'The Department of State should be more efficient and be mindful of the training of their staff. Appointments in the department should reflect appropriate qualifications relevant to the positions.' The commission said parents should be charged with the responsibility of monitoring their children's progress and behaviour at home and in school, and not rely solely on teachers and the educational authorities. The public should be sensitised to be patriotic and respect public and private property. It recommended that a formal council of elders should be instituted in all towns and villages for the purpose of providing peace and tolerance, and added that society in general should respect the rule of law. It also recommended that the payment of compensation be considered for the families of the dead and injured. Coroner's inquest On an application by the Attorney-General, the Chief Justice convened a coroner's inquest to determine the cause of death of 12 people, mostly students, who died as a result of the break-down of public order. The coroner submitted his report to the Chief Justice. The Coroner determined: • Abdoulie Sanyang of Old Jeshwang died from a stampede, and his death was an accident. • Bubacarr Badjie, a student, aged 10, died of gunshot wounds from a high-velocity weapon. • Wuyeh Fode Mansally, a student at Talinding Islamic Institute, died of gunshot wounds from a high-velocity weapon. • Momodou Lamin Njie, a GTTI student, died of gunshot wounds. • Calisco Prera, a resident of New Jeshwang, died of gunshot wounds. • Karamo Barrow, a former student of the Institute for Continuing Education, died of gunshot wounds. • Reginald Carrol, a student of La Fourmi Institute, Kanifing, died of gunshot wounds. • Omar Barrow, journalist and Gambia Red Cross volunteer, died of gunshot wounds • Momodou Lamin Chune, student of Latrikunda Middle School, died of gunshot wounds. • Lamin A. Bojang, student of Nusrat Senior Secondary School, died of gunshot wounds. • Ousman Sabally, student of Brikamaba Upper Basic School, died of gunshot wounds. • An unknown male teenager of Brikama died of gunshot. The coroner added that he was convinced that all the deaths were caused by live bullets. Government reaction The government statement says the commission did not inquire into the causes of the break-down of public order on 10th and 11th April. 'This is a fundamental point of departure; its failure to do so 'deprived it of the opportunity to address such a fundamental point.' Ostensible causes The statement continues that the death of Ebrima Barry and the alleged rape of a child called Binta Manneh by someone - allegedly, in uniform - have been given as the reasons for the public disorder. 'No evidence was put before the commission to warrant the unfair and false allegation that there was any attempt at cover-up. Indeed, at the time of the break-down of public order (barely one month after the death of Ebrima Barry), the suspects had been apprehended, detained and charged. 'The government took the unusual step of appointing an Independent Public Prosecutor...[he] has done such a fine job that, regardless of the result of the case, public confidence in the justice system has been restored. On the alleged rape of Binta Manneh of Brikamaba Junior High School, alleged to have been perpetrated by a security officer in uniform, the government statement says: 'Everything humanity possible has been done to ascertain the primary facts and then, if need be, apprehend the culprit. All the security officers on duty were paraded, but Binta Manneh could not identify her assailant. No medical report was produced. There is fact, as yet, no certainly that she was raped [or]when and where. 'Obviously, unless the alleged crime was connected to a particular person, no arrest could legally be made. The inability of the victim to identify the culprit is a serious obstacle, but it was to make it look like unwillingness on the part of the police to arrest the offender. Possible real causes Government says it regrets the commission's failure to examine how the two ostensible causes were reported in the press, and to what extent that led to the break-down of public order. Government says it also regrets the commission's failure to examine the efforts exerted by, among others, officials of the departments of state for the Interior and Religious Affairs and Education, 'as this would have shown beyond peradventure that government had done everything possible to resolve the issue; and had indeed every right to expect that its efforts would resolve the issue amicably'. The commission's failure to enquire into causes (as opposed to the event itself) deprive it of the opportunity to avert its mind to the fact that student meetings leading up to 10th April were held in secret, and the intention could only have been to catch the security forces unawares. 'Enquiring into causes would have enabled the commission to assist the government in determining that damage to property to the tune of D16,017,137.50 in two days can only be the result of a well-planned and well-executed operation. Such an enquiry, the statement continues, would have brought into prominence the fact that the Inspector-General of Police was willing to provide the students with a police escort to stage a peaceful march if only they would apply for a permit, which they never did. An enquiry into causes would have enquired why there was no application for permit to stage a march, even when invited to do so. Security forces The statement says that while government accepts that speedy and transparent investigation of all sensitive cases is essential to ensure that justice is being done, it repeats its earlier assertion that everything possible was done to ensure justice was done in the cases of Ebrima Barry and Binta Manneh. Government has accepted the recommendation that the police should be well-equipped with appropriate and up-to- date gear, including water canon, to deal with all types of civil unrest. It agrees with the need for all security agencies to be flexible, courteous and tactful in their dealing with the general public in full accord with the operational principle and procedures of all security forces in The Gambia. But, the statement continues that government rejects that 'top police authority on the ground at Kanifing on 10th April 2000 should accept responsibility for the tragedy that happened'. It says evidence before the commission on their behaviour before or on 10th and 11th April 2000, show that they exercised maturity and patience. It was the Secretary of State for the Interior, Ousman Badjie, in particular, who secured the release of the student leaders arrested. It was the shots from the yet-to-be-identified persons which caused the commotion and escalated the crises. 'The Secretary of State for the Interior could not conceivably be held responsible for the ensuing mob action.' Government also rejects the commission's conclusion that punitive measures should be taken against certain security personnel. 'Having regard to the ultimatum issued by Gamsu to the Inspector-General of Police on 24th March; the deception practised on the government officials who were in contact with the students before 10th April; the clandestine meetings of the Gamsu executive; the extensive nature of the damage caused within a period of 48 hours; the deliberate failure by Gamsu officials to seek for and obtain permission for the students' march; the assembly at GTTI and other places without a permit; the failure by Gamsu to inform the students that the planned peaceful march was agreed to be called off; the refusal by students to comply with lawful orders by the Secretary of State for the Interior to calm down and to move inside GTTI premises - all these constituted a defiance to constitutional authority and posed a definite threat to life, property and national security to which the security forces must respond. The government says the commission's findings that security officers led by Inspector Darboe, including Corporal Gorgi Mboob, unlawfully entered school premises and trespassed there similarly is not borne out by the law. 'The police and other security personnel have a right, indeed a duty, to enter premises in order to prevent the commission of a crime or to apprehend suspects. The entry could never be criminal.' Brikamaba Government says it accepts that students went on a rampage and destroyed property. But it says the finding that fire officers led by Corporal Lamin Camara should be held responsible for the two deaths is 'rather strange'. 'There was not a single eye-witness to the fact that it was the fire officers who fired the shots that killed the students. The conclusion is all the more tenuous, as there is no match between the bullets and the guns.' The statement says the commission's finding concerning events at Janjangbureh are in order, but government does not accept the recommendation for criminal prosecution. Coroner's inquest The government says the coroner concluded that twelve victims (except one) were killed by gun-shot wounds caused by live bullets. Under Section 9 of the Coroners Act the coroner has the power, at the end of any such inquiry, if he considers that an offence has been committed by a known person, to issue a warrant for his arrest. If, on the other hand, the coroner considers that an offence has been committed by a person or persons unknown, he should record that opinion accordingly; and similarly, if he is of the opinion that no offence has been committed. Section 10 of the Coroner's Act gives the Chief Justice power to examine the record of the Coroner and correct any defects or irregularity. The government reaction is that the coroner did not state any opinion as to the commission or non-commission of a crime or crimes by any persons, known or unknown. The Chief Justice, having examined the record of the coroner 'must be deemed to have satisfied himself as to the correctness, legality or propriety of the finding and verdict'. The Coroners Act further empowers the Chief Justice under Section 11 (1), upon application by the Attorney-General (and if the Chief Justice is satisfied that such an application is necessary), to among other things, 'direct any inquest to be re-opened for the taking of further evidence'. The statement says: 'In the light of government's admirable efforts in initiating and sustaining a healing and reconciliation process, government is of the opinion that an application to re-open the inquest would "claw-back" all the admirable gains so far made in the on-going healing process.' General conclusion The government statement concludes: 'Government has authorised the publication of the reports of the Commission and the coroner's inquest for general distribution. 'Government has already taken steps to implement some of the recommendations of the Commission, especially as it relates to the setting up of community groups like council of elders. 'Government will intensify the on-going process of consultation with all stakeholders in the education sector. 'Government wishes to re-assure the public, both locally and internationally, that valuable lessons have been learnt from the tragic events of April 10th 2000 and effective measures are in place (and will be kept under constant review) to avoid a recurrence of a break-down of public order. 'Government is of the view that the spirit of reconciliation will be further strengthened and enhanced by its decision not to prosecute anyone, be it student or otherwise, for any matter arising out of the breakdown of public order on April 10th and 11th 2000. 'Whilst government does not agree with all the recommendations of the Commission of Inquiry and the Coroners Report, the government nevertheless appreciates the hard work and dedication put in by both the Commission of Inquiry members and the coroner.' _________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com. ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html You may also send subscription requests to [log in to unmask] if you have problems accessing the web interface and remember to write your full name and e-mail address. ----------------------------------------------------------------------------