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Gambia’s Unsettled Illegal Detention
Saturday, 04 June 2011 22:03
(Jollofnews) - We are once again back with our report on continuous detention without trial, an ugly pattern that has become an order
of the day in the Gambia, heightening fears and insecurity in a country dubbed an oasis of everything good: human rights, rule of law and democracy. A military coup in 1994 whitewashed these positive gains, replacing them with a new dawn that has threatened our positive values and existence. Today, detention without trial - outlawed by our constitution and international instruments - has left irreparable trauma on Gambians on all walks of life. Victims include security agents, politicians, journalists, accountants, etc. Despite this ugly development, detention without trial forms part of entrenched clauses in our constitution. Constitutionally, suspects shall be told the reasons of their arrest, name of arresting officer and where they will be kept. It further stated that
suspects must be arraigned in a competent court of law within 72 hours after arrest or be released unconditionally.Ironically, our country is buzz with stories of innocent people who have had their rights violated by those who swore to defend them, the case of the disappeared pro-government senior reporter a typical example of one among many such cases. Chief Ebrima Manneh, whose crime remains a mystery, was arrested by security agents on July 7, 2006 at the premises of the Daily Observer in Bakau. He was moved from one secret detention to another across the country. Both Manneh and his family were deprived of their constitutional right to justice. And instead of coming plain on his whereabouts, the Gambia government continues to do what it’s best good at: repeated lying. Lying simply goes beyond their hearts; it’s in their bones as well. His family, in particular, his aging father had visited every detention center in the country in search of his son but returned home with heavy heart. Authorities became so disturbed about the old man’s frequent visits punctuated with unanswered questions that one official insulted him, calling him a “fool.” He never returned from work, and to add salt to injury, the government denied knowing his whereabouts.
In 2007, Accra-based Media Foundation for West Africa (MFWA) filed a suit against the Gambia Government at the ECOWAS Community Court of Justice in Abuja, Nigeria, seeking the unconditional release of Mr. Manneh. On June 5, 2008, the regional court delivered its verdict, holding the Gambia government responsible for the journalist’s disappearance, ordered the defendant to release and compensate him $100,000. The Jammeh regime maintained its adamancy and refused to comply with the court’s decision. It closed the chapter for ten months only to be opened by the former Justice Minister Mrs. Marie Saine-Firdaus who officially lied to members of the national assembly that state did not have Manneh in its custody, dashing hopes that he was alive.
Several other Gambians have also gone missing for over seven years, among them President Yahya Jammeh’s own relatives and supporters.
Mr. Kanyiba Kanyi, a local employee of Christian Children's Fund (CCF), was reportedly missing since 18 September 2006. His family said he was picked up at his house by three plainclothes officers on board a taxi who whisked him away while they helplessly watched. The family secured the services of Lawyer Ousainou Darboe, who filed a "Habeas Corpus" against the Inspector General of Police (IGP), Director General of National Intelligent Agency (NIA) and the Attorney General at the Banjul High Court, to release him in late 2006. Since then the case has been passed from one judge to another, two of them, Justice Sanji Monageng and Mame Mabel Agymang ruling in favour of his release while the third Justice Wowo sent the file to the Chief Justice to determine the case. Clearly, the government’s stance depicts defiance to comply with the courts.
Jasarja Kujabi, a native of Foni Dobong, Western Region also went missing since the summer of 2005. His family said he could not be accounted for after two security officers escorted him home from his farm, allowed him to change clothes and went away with him. Since that unfortunate evening, nothing has been heard of him.
Also missing since 2006 in the same Kansala district were Momodou Lamin Nyassi, former chief of Foni Kansala, Ndongo Mboob and Buba Sanyang of Bwiam and Kankuntu villages, respectfully.
Disappearances were also reported in the Kanilai, President Jammeh’s birthplace where a prison warden became a victim. Family sources reported that Corporal Alfusainey Jammeh, who was stationed at the residence of Prisons Director in Kanilai, had never returned home since 2006. His disappearance emanated after he was recalled to the police headquarters in Banjul. His family was later tipped off that he was arrested and dumped in Mile II Central Prisons. Other Kanilai residents who went missing since 2005 were Mrs. Macie Jammeh and Mr. Haruna Jammeh of Kanilai, both close relatives of President Jammeh.
The Gambia government also used the so-called March 21st 2006 foiled coup to increase the number of missing persons, with two Faji-Kunda residents, Abdoulie Njie and Mr. Alieu Lowe becoming victims. Both men were rounded up in their residences before being sent to Mile II Central. Lowe and Njie still languish in jail deprived of everything, including family visits.
The case of Ebou Jarju, a former detained presidential steward, was unique in the sense that he was released more than a year after detention. He was allowed to breathe an air of freedom for a week only to disappear after he was asked to report to police headquarters in January 2009. He is believed to be currently detained at Mile II Central Prison. The Kombo Darsilameh resident is denied access to his family.
Even agents of the feared national spy agency [National Intelligence Agency (NIA)] who conspire to manufacture crimes for innocent people have not been spared by the regime that effectively turned them into liabilities. One such was Kebba Seckan who was picked up at the NIA office on May 14, 2007 and detained for more than a year before being charged with terrorism-related crimes. His court victory in May 2011 is still in suspense. He was whisked back to Mile II and remained there soon after he was acquitted and discharged. Another person reeling with a similar doom is Sergeant Sam Kambai who was also taken back to Mile II Central Prisons after the court free him on terrorism charges. Before then he had been detained since 2006.
Detainees include Major Wally Nyang who spent over two years in Mile II without trial and family access.
The case of a Regimental Guard Private Alagie Saidykhan is also worth mentioning. Arrested at the Second Infantry Battalion in Farafenni Military Camp on May 10, 2009, Saidykhan is reported to be detained in Mile II Central Prisons. It became evident that Saidykhan was secretly arraigned alongside Corporal Mamat Nyang before a court in Yundum Barrcks three months back. The duo was charged with “negligence of duties.” But the nature and scope of the said court martial is anyone’s guess, as authorities keep a lip-service on the issue, enough proofs that they are hiding something serious under the carpet.
Mr. Samsudeen Jammeh is another victim of illegal detention. Arrested since 2005, Jammeh spent over two years in Banjul Police Station cells before being moved to Mile II. Unlike others in the same position, Mr. Jammeh is enjoying a family visit.
Also languishing in Mile II since their arrest several months ago are the following prison wardens: Sergeant Baba Fatty, Sergeant Lamin Bojang, Corporal Patrick Jarju and Private Alieu Bah.
Members of the neighbouring separatists’ fighters of MFDC have not been spared for illegal detention. A member of the group’s political wing, Abdoulie Jarjue, is being detained in Mile II.
As believers and advocates of human rights, it is our duty not only to bring to light cases of these people but also fight for their fundamental right to be respected. Like any of us, it’s their constitutional right to be either brought before the courts or released unconditionally.
Ends
Written by Yaya Dampha
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