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Update on detention without trial in Gambia
Tuesday, 22 June 2010 00:31
By Yaya DamphaAs we come to the end of mid 2010, Jollofnews.com continued to monitor the continues detention of people reported being arrested by the security agents of the Gambia some for months or years. Detaining people without trial is contravention of the Laws of Human rights and does not only violates the rights but it is a total disrespect the constitution of the Gambia. The
Gambian constitution have stated in entrenched clauses that: suspects shall be told from the point of arrest who is arresting them and where they are being taken to. It further stated that, within 3 hours of arrest they shall be told in a language that he or she understands the reason(s) of his or her arrest and within 72 hours he or she must taken before a competent court of law or release conditionally or unconditionally.How this laws are continuously being violate in today’s Gambia by those who swore to defend it. It’s coming to four years this July 7 since the disappearance of the youngest missing person in the Gambia who is also the first Gambian journalist to be missing. However, there are several other Gambians who are missing for over five years.
Journalist Chief Ebrima Manneh, a Senior Journalist with Daily Observer Newspaper, was said to be arrested at his office in Bakau on 7 July 2006. His family said he left for work and never returned home. The family and his colleagues lamented the numerous efforts they made to establish his whereabouts but to no avail. The family said they have consulted the authorities and visited almost all the security installations across the country but they still cannot locate him.
The Media Foundation for West Africa (MFWA), in 2007, filed a suit against The Gambia Government at the ECOWAS Community Court of Justice in Abuja, Nigeria, demanding from the Court to compel the Gambia government to release Manneh. On 5 June 2008, the ECOWAS judges delivered a judgment in the absence of The Gambia government in favor of missing journalist Manneh. The judgment was made after the Gambian authorities failed to appear before the Court, even though they were said to be served with Court summons. The Court ordered the Banjul authorities to compensate Manneh the sum of 100, 000 US Dollars.
The Banjul authorities failed to comment on the issue for almost ten months after the ECOWAS judgment, it was the former Attorney General and Minister of Justice Mrs. Marie Saine Firdaus, who officially stated at the National Assembly of the Gambia that journalist Chief Manneh is not in State custody.
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 plain clothes secret security agents on board a taxi who whisked him away in their presence without any explanation. 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 three judges have presided over the case and different State counsels have appeared in the case for the State. The first judge, Justice Sanji Monageng ruled against the State to produce him, which failed to happen. Again Justice Mame Mabel Agyemang (Yamoa) also ordered the State to release him, but again failed to comply. However, in July 2009, the third judge, Justice Joseph Wowo, decided to send the case file to the office of Chief Justice to determine the case. The family said they have lost hope.
Jasarja Kujabi's family said he was arrested at his farm in his home village of Foni Dobong, Western Region, in the summer of 2005, and never returned. It is reported that two security agents escorted him to their house to change his farm clothes before taking him away. Since that unfortunate evening, he have never been seen or heard of.Momodou Lamin Nyass former chief of Fonnie Kansala,Ndongo Mboob of Kansala and Buba Sanyang of Kankuntu fonnie all went missing since 2006.
Corporal Alfusainey Jammeh, a Prison Warden and a native of Kanilai village, was reportedly missing since the summer of 2006. His family said that he was stationed at the compound of the Director General of Prison in Kanilai. The family said he was called to answer at the Police Headquarters in Banjul and never returned. They said Alfusainey later called and informed them that he was put under arrest. The family members said that they have information that he is being detained at the Mile 2 Prison.Mrs. Macie Jammeh of Kanilai missing since 2005.Mr. Haruna Jammeh of Kanilai missing since 2005.
Abdoulie Njie and Mr. Alieu Lowe, both of Faji Kunda, were said to have been arrested by armed soldiers at their respective homes shortly after the 21 March 2006, foiled coup attempt. Their families said they are being detained at Mile 2 Prison. The family said they have access to them.
Mr. Ebou Jarju, a former presidential steward, was said to be arrested on 20 March 2008, in the presence of his family. He was detained at the Police Headquarters in Banjul until 11 January 2009 when he was released without any charges against him. To the utter surprise of his family and friends , he was called to report at the Police Headquarters after a week of his release and never returned home. He is believe to be currently detained at Mile 2 Prison, but could not have access to him. Jarju is a native of Kombo Darsilameh, Western Region.Kebba Seckan, an operative of the National Intelligence Agency (NIA) is said to have been arrested at his place of work on 14 May 2007.
Regimental Guard (RG), Private Alagie Saidykhan's family said he was arrested at the Second Infantry Battalion at Farafenni Military Camp since 10 May 2009. He is said to be detained at the Mile 2 Prison. Three months ago he is said to have been arraigned before a secret court martial in Yundum barracks along side with two other soldiers. But no details have so far been release to the public from that court martial. Sgt Sam Kambai arrested since 2006, he said to be detained at mile 2 prison.Copral Mamat Nyang arrested since May 2009. Mr. Samsudeen Jammeh arrested since 2005. He spend over two years in Banjul police station cell. He is now moved to mile 2 prison.
Two Prison. Their family members said they are allowed to see them.
The following prison wardens, Sergeant Baba Fatty, a native of Janjangbureh, Sergeant Lamin Bojang, from Jambur, Corporal Patrick Jarju and Private Alieu Bah, are currently languishing in detention at the Mile 2 Prison after they were arrested by the authorities several months ago.
Abdoulie Jarjue, a member of the political wing of the MFDC separatists’ movement in Southern Senegal is also in detention at Mile Two Prison.
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