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US States department publishes Gambia’s rights report
Friday, 12 March 2010 03:22
By Kemo ChamThe US government, through its Department of States’ Bureau of Democracy, Human Rights, and Labor, has release its 2009 human rights reports, in which it found the Gambia wanting in a number of its human rights obligations.
According to the report, the Gambia’s human rights problems revolve around government complicity in the abduction of citizens, torture and abuse
of detainees and prisoners, including political prisoners. It also cited poor prison conditions, arbitrary arrest and detention of citizens, including incommunicado detention, denial of due process and prolonged pretrial detention. Perhaps President Yahya Jammeh’s government’s greatest problem is its inclination to freedom of speech and press, which features very much in the report. Also featuring on the dark side of the government’s record are violence against women and girls, including female genital mutilation (FGM), forced child marriage, trafficking in persons, child prostitution, discrimination against homosexual activity, and child labor.
The report, published last Thursday, March 11, touched comprehensively on all the aspects of the country’s human rights situation.
It stated that while civilian authorities generally maintained effective control of the security forces, there were some instances in which elements of the security forces acted independently. And, according to the report, there were no reports that the government or its agents committed arbitrary or unlawful killings last year.
In the same vain, it said that while there were no reports of politically motivated disappearances, the government was complicit in the abduction of citizens suspected of witchcraft.
This point was backed by a May 19, 2009 report by government newspaper, The Gambia Daily, which quoted President Yahya Jammeh as saying in Foni Brefet he had to "bring in witchdoctors to identify and eradicate witches," who he said were responsible for underdevelopment in the districts of Foni.
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The report noted that even though the Gambian constitution and law prohibit such practices, there were reports that security forces tortured, beat, and mistreated persons in custody.
It cited a number of cases of torture where there has been no prosecution. For instance the Musa Saidykhan case, the 2008 March stabbing by members of the police intervention unit of Amadou Sanyang; the June torture and beating of five residents of Lamin Daranka during their arrest and transfer to Yundum Police Station; among others.
‘‘The indemnity act continued to prevent victims from seeking redress in torture cases related to official actions taken by military personnel during military rule from 1994-96,’’ the report stated, adding ‘‘The army requires victims to file formal complaints with the courts regarding alleged torture that occurred at other times. However, there were no known prosecutions in civil or military courts of security force members accused of mistreating individuals during the year.’’
The report however recognize a pronouncement made by the country’s CDS on civil-military relations, in 2007, that there will be a zero-tolerance policy for military abuse of civilians, and it stated that some reports indicated that such abuse may have declined.
Prison and Detention Center Conditions
Prison conditions were generally found to be poor, with cells overcrowded, damp, and poorly ventilated. The report said that prisoners at the Mile 2 Prison died during the year as a result of poor food and inadequate medical care.Pretrial detainees were occasionally held together with convicted prisoners. At year's end, there were 780 inmates in the country's prisons, the report said.
The report further stated that while neither the media nor the International Committee of the Red Cross (ICRC) was granted access to detainees or prisoners during the year, the government permitted limited independent monitoring of prison conditions by some local and international human rights groups and diplomatic missions.
Role of the Police and Security Apparatus
The report said that even the NIA is not authorized to investigate police abuses, during the year it often assumed police functions such as detaining and questioning criminal suspects. It added that on occasions security forces acted with impunity and defied court orders.
‘‘Backlogs and inefficiency in the justice system resulted in lengthy pretrial detentions,’’ the report stated. ‘‘Approximately 30 inmates in the prison system were in pretrial detention, and some had been incarcerated for several years awaiting trial. Several long-term detainees were released without charge or pardoned during the year.’’
Denial of Fair Public Trial
According to the report, judges presiding over "sensitive" cases who made decisions not considered favorable to the government risked being fired. It cited example of the June 8 dismissal by Yahya Jammeh of former Chief Justice Abdoukarim Savage ‘‘without explanation.’’ This was followed by the termination of Justice Haddy Roche, ‘‘regarded as an independent thinker in legal circles’’ The report added that ‘‘several judges were dismissed under similar circumstances in 2008.
Political Prisoners and Detainees
The report also said that during the year there were credible reports that the government held civilians based on their political views or associations, and that some were held incommunicado for prolonged periods. It referenced the opposition United Democratic Party (UDP)’s supporter, Kanyiba Kanyi, who was arrested by men believed to be state security agents and held without charge shortly before the 2006 presidential elections.
‘‘The government has not permitted access to Kanyi by international humanitarian organizations or his lawyer. In May 2008, Kanyi's lawyer, who maintained Kanyi was being held by the NIA, filed an application to force the state to comply with the 2006 high court rulings to free him,’’ the report stated.
The report added that on July 29, the judge presiding over the case returned the case file to the office of the chief justice ‘‘in an apparent attempt to recue himself from the trial.’’ It said that the judge provided no explanation for the return of the case file. It added, despite government denial of the whereabouts of Kanyi, that the disappeared UDP supporter was reportedly sighted by a relative in March 2008 at the Royal Victoria Hospital, where he was being escorted by wardens from Mile 2 Central Prison.
Arbitrary Interference with Privacy, Family, Home, or Correspondence
The US government 2009 human rights report also pointed out that despite the Gambian constitution and law prohibiting arbitrary Interference with Privacy, Family, Home, or Correspondence, the Gambian government did not always respect these prohibitions in practice. The government did generally enforce Decree 45, which applies constitutional safeguards against arbitrary searches and the seizure of property without due process.
Freedom of Speech and Press
The report found the Gambian government wanting in limiting the rights of freedom of speech and of the press by intimidation, detention, and restrictive legislation. The report quoted President Jammeh’s July 22 radio interview, warning that journalists who tarnished the country's image would be "severely dealt with."
It however, said that although the independent press practiced self-censorship, opposition views regularly appeared in the independent press, and that there was frequent criticism of the government in the private media. It cited GRTS’ biasness in giving limited coverage to opposition activities.
‘‘The deterioration of the country's media environment continued during the year. The government harassed journalists who wrote articles it considered inaccurate and investigated cases it considered sensitive. Several journalists reportedly went into hiding from fear of government retaliation,’’ the report said.
Frequent arrest and detention of journalists by the security forces also featured, with well known example being the June 15 arrest of seven journalists and the subsequent conviction of six of them.
The report also referenced the August 6 arrest of Jollof News’ Gambia Affairs editor, Abdoulie John, who was then Deputy Editor-in-chief and French language columnist at the pro-government Daily Observer newspaper, on charges of refusing to recognize the appointment of a new managing director of the paper.
The States department 2009 report on Gambia also touched on official corruption and Government transparency. It said that the law provides criminal penalties for official corruption, but that the government did not implement it effectively. It cited the World Bank's worldwide governance indicators as has having reflected corruption as a ‘‘serious problem’’ in the country.
But it acknowledged some effort by the government, pointing out that the president often spoke against corruption, and that leading political and administrative figures faced harsh sentences on charges of corruption and wrongdoing.
'You can also read the full report in our Human Rights section on the left of this page.'
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Comments
Despite my busy schedules let me seize my break to respond. You saying that US government spent a lot of tax money and is an obligation to report their findings. I wonder if you are really a fula because I knew fulas to be very intellegent and are Islamic schloars. But for you either your political hatered or bateraly of your quranic education is totally making you an ignorant person. I know you want to live like a western but it will only work when you live there. We will take the one that match with our values, culture and religion believe. If US wants to tell their people were they spent their tax money why not they start by reforming the Health Care which is a pirioty to the tax payers money and stop sponsoring wars and invading countries, which is unacceptable to the tax payers. I live in the US for now 17yrs and there is nothing you can tell me. Tax payers need something far more better than preparing hypocrisy reports on things they have a direct or indirect hand.
"Come on people, what is all this rubbish about comparing Gambia with the States interms of human right records.This is not about America.."
But the headline reads:
US States department publishes Gambia’s rights report
I REST THE CASE!
I am born a winner and will always be a winner. So the answer to your question is any party that wins come 2011, know is the party that I voted for. My question to you Good Gambian, is there a capable and competent presidential canditate who you think can win all the mines of people and there will be no more prisions or any form of human right abuse? I will be glad for you to help me with that so that none of our people go to jail or detention again. I will be taking a break to concentrate on my quartley reports. Dont miss me brother I know when Jammeh is out there will be no opposition, no more human right abuse, we will disolve both police and the Army and it will be good to live as a happy family. Wish all of you good health and healthy hearts and mines towards everyone including me who holds no grudge to any different of opinion.
When would you people be able to understand my comments? I always point out that am against any human right violation anywhere. So how can I take out America when is America preparing Gambia's report? I started fine when I blamed the government of the Gambia but out of topic when I touch US. Who trigger this debate is it not the US report? So why should I not look at the back yard of the one asking me to clean my house? People living in glass house should not throw stones, why? Have I ever said that I support government's denial of freedom of speech? Am not you people who are only picking the wrongs but I attach my comments with honesty, professionalisi m and maturity. I dont denie America to prepare our report but what is wrong if they prepare my report and I look at their history that is worst than mine? I always dont disagree when human right violation is raised but who is raising? It's only we Gambians who can solve our problem not outside interference.
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