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Security Sources say jailed Kanilai Family Farm ex-Manager Lang Conteh is innocent

By Alhagie Jobe

 

Security sources and frequent panel members always set up at the notorious National Intelligent Agency (NIA) to investigate cases especially of interest to Dictator Jammeh have told The Fatu Network that the jailed former manager of Kanilai Family Farms Lang Conteh is absolutely innocent.

 

Sources who spoke to us anonymously for safety reasons say Mr Conteh should have been applauded for his good job. Mr Conteh never stole any money but instead to the surprise of all, through his personal contacts, spend more than the amount meant for the renovation and furnishing of the Kanilai Farmily Farms and made it more standard than anticipated.

Mr Conteh was arrested and alleged to have stolen D1,538 804 meant for the renovation of Kanilai Family Farm building around the Albert Market in Banjul while he was serving as the manager.

 

One of our sources  who is always part of  The  NIA panel investigating high profile cases said the authorities wanted to use a few of them as witnesses to testify against Mr Conteh but they refused for the simple reason that there was no case. “I have all the receipts with me and the investigation report. I was part of the investigation panel” a security source in Banjul told us.

 

Mr Conteh was on May 5th, 2016 convicted and sentenced to two-year mandatory jail term with hard labor after finding him guilty on a single count of theft by the Banjul Magistrate Court presided over by Magistrate Omar Cham.

 

The court further ordered him to pay restoration as per the allegation pursuant to section 145 of the Criminal Procedure Code {CPC} and failure to comply with the said order will make him serve another year in prison with hard labour.

 

In his mitigation, Conteh who has since denied any wrong doing, urged the court to exercise justice with mercy and reason as he is a father. “I executed this work to the best of my ability to satisfy my employer. My plea to you is please don’t send me to jail for this. I have a family and I was in detention for seven months and I think that alone is enough. I urge the court to consider the trauma I went through; the two years of legal battle,” Mr Conteh appealed in tears.

 

This is the second time Mr Conteh has been sent to jail; he served a brief jail term several years ago on another allegation of criminal conduct.

 

 

 

 

THE MISCARRIAGE OF JUSTICE vis-à-vis THE VIOLATION OF THE FUNDAMENTAL RIGHT TO FAIR HEARING

Here is part 3 of our Legal Experts’s take on The Gambia’s rotten Judiciary where the state in a deliberate attempt to pervert the cause of justice, use the Attorney General’s Chambers to frame innocent Gambians especially those it perceive as enemies.

Please read on

 

PRESUMPTION OF INNOCENCE

Section 24(3) (a) of the 1997 Constitution of The Gambia provides thus:

“Every person who is charged with a criminal offence shall be presumed e innocent until he/she is proved or has pleaded guilty.”

 

 

This means that the law regards you as innocent. You are not a criminal and you just alleged to have committed the offence. The prosecution should therefore convince the court beyond reasonable doubt that the allegation made against you is true and that you are the one who committed the alleged offense. They will do so by calling witnesses and presenting evidence before the court and if they fail to do so, the court will exonerate you from all liability.

 

 

It is by virtue of the aforesaid constitutional provision that an accused person is entitled to apply for bail. The court should always be minded to admit accused persons bail unless if otherwise provided for by law.

 

 

This is so because to admit an accused person to bail is not consistent with an acquittal. It only furthers the fair trial rights of the accused; that is the right to be presumed innocent as embodied in section 24 of the 1997 Constitution of The Gambia. And since this is the Constitution of the Gambia justice Dada is bound as a judicial officer to follow it. And this would in my view enhance trust in our criminal justice system.

 

 

Therefore, since our Courts are a Court of Justice and Law, and since the justice of the case and the law on the matter is in favur of the grant of bail, Darboe and Co should have been admitted to bail. The courts failure to do so (be cause the Judge was directed by the state not to admit them bail) is a grave violation of Darbo and Co’s constitutional and fundamental human rights as provided for by section 24 of the 1997 Constitution of the Gambia. Thus a blatant miscarriage of justice

 

 

RIGHT TO FAIR HEARING

The right to fair hearing is a constitutional right enshrined under section 24 of the 1997 Constitution of the Gambia. The right cannot be waived or statutorily taken away.

Section 24(1)(a) and (b) of the 1997 Constitution of the Gambia provides thus:

  • (a) if any person is charged with a criminal offence, then, unless the charge is withdrawn; or
  • (b) where proceedings are commenced for the determination or the existence of any civil right or obligation, the case shall be afforded a fair hearing within a reasonable time.

The aforesaid constitutional provision is applicable to everyone irrespective of your nationality, race, ethnic group or political affiliation. The courts are bound to apply it at all time. The natural question that flows from this is, what are the essential elements of fair hearing? In other words, what are the things that must be accorded to an accused person before we can conclude that such a person has been handed a fair hearing.

 

 

The Supreme Court prescribed the essential elements of fair hearing as follows:

  1. Easy access to court;
  2. Right to be heard;
  3. Impartiality of the adjudicating process;
  4. Principles of nemo judex in cuasa sua; and
  5. Whether there is inordinate delay in delivering judgment.

 

If one of the aforementioned is violated, the right to fair hearing of the accused person is violated. Thus, to satisfy the principle of right to fair hearing, all of the essential elements must be respected. The question now is whether Darboe and Co are being accorded a fair hearing so far? The answer is an emphatic NO because of the following incidents that transpired during the proceedings so far.

 

-Darboe and Co were in PIU custody from the 16th to the 20th April 2016 before their subsequent arraignment at the high court. In fact they were to be arraigned at the Kanifing Magistrates’ court and everything changed in the last minute.

 

-The Judge received a directive from the government to deny Darboe and Co bail. This was evidence by the interview the judge had with Fatou Camara. This led the judge to recuse himself from the case and the case was assigned to another judge.

 

-Security personnel are constantly around the Darboe and Co even when they are briefing their lawyers even though it is their right to have audience with their lawyers privately. The defense complaint to the court about the irregularity. The Judge refused to order security personnel to allow the defense team to have audience with their clients saying it is beyond her powers.

 

-The judge had several meetings with the Attorney General in the Attorney General’s office while the case is ongoing (obviously they will discuss the case and the what the president wants the outcome to be).

 

-The judge guides the DPP on the laws to cite in court prior to the time allocated for hearing (on one occasion the judge sent her clerk to deliver a note to the DPP).

 

-The constant refusal of all the applications made by the defense team no matter how overwhelming the evidence shows that the judge continuous to give regard to government wishes rather than the law.

 

-The first witness the prosecution called testified in English even though most of the accused persons do not understand English. The following day the DPP having been aware of the irregularity, wrongfully invoke section 123 of the CPC to recall the witness and the Judge allowed his application. Furthermore the judge herself read what the witness said to the interpreter who then interpreted it to the accused persons.

 

-The DPP made another application to recall a witness who had already testified, the judge granted the application made by the DPP without asking the defense whether they have any objection to the application even though she was obliged to do so. she has intentionally refused to listen to the defense.

 

 

This trial without doubt is politically motivated. Consequently the accused persons’ rights have been constantly violated by the prosecution and the Court. the miscarriage of justice occasioned in this trial is overwhelming. The lack of respect for rule of law by the court and the adherence to the will of the president by the court shows that our judiciary is not independent. I will say this without any fear of contradiction that one of the following will happen

 

 

  1. Darboe and Co will be convicted and sentenced by the court
  2. The President may direct the office of the Attorney General to withdraw charges
  3. The President may, after their conviction pardon them and play hero once again.

 

No matter what the out come is, one thing is clear, our justice system has failed us and we cannot trust it with our lives.

 

 

PPP Media committee calls for boycott of Jammeh’s Vison 2020 Meat Sale

By PPP Media and Communications.

 
Boycott Dictator Yaya Jammeh’s so-called Vision2020 Meat Sale being run out of the failed Kanifing Municipal Council !!! Boycott any business associated with the Kanilai ( KGI ) criminal cartel…

 

 

Dictator Yaya Jammeh’s economic policy defies conventional wisdom!! Put another way; What is Dictator Yaya Jammeh’s economic policy? We know it’s Not free market liberal, and private sector led, to accentuate our advantages, …our comparative advantage.

 

 

Dictator Yaya Jammeh’s economic policies are more akin to what can only be called “personal” command economics, which is worse than a socialist state led, in which the states dictates and controls the means and methods of production, and much more.

 

 

In a “personal command economy”, a totalitarian leader does not trust the advise of his own experts on loosening his grip on the economy. He is paranoid about the economy getting out control in terms of inflation, prices, goods shortages, or anybody outside his circle of enablers, the oligarchy, dominating any sector of the economy. The paranoid leader does not believe in the concept of demand and supply, or a free floating currency, exchange rates, against the major global currencies, namely the US dollar and the Pound sterling. The Dictator is suspicious of the major international lending and developmental organizations, like the World, IMF, The European Union, or even the African Development Bank, or the United Nations. His obsession to holding on to power at any cost, makes him believe that there is a conspiracy under every rock, or behind every tree.

 

 

The totalitarian leader is obsessed with owning and controlling major sections of the economy that directly affect the daily lives of his subjects. He anoints himself as the provider, the benefactor in times of need, or acute shortage of basic commodities, or skyrocketing prices. He regularly defies advise during high demand periods of basic goods, by inserting himself in the economy. He routinely decrees unannounced price controls, or undersells, or undercuts legitimate businesses who play by the rules, and pay all the required taxes, provide employment, all along the supply chain.

 

 

Another weapon at his disposal is to confiscate properties of his perceived enemies, or people who have not publicly declared their support, through allegations of tax evasion, or excuse of “national security” ; example, business tycoons Alagie Jawara, Modou “Peul” Jallow – Senfour” or he will take vast tracts of arable land out of production, in the name of a future ” Vision “!

 

 

The biggest economic crime in a “personal command economy”, is forcing poor farmers to sell their products to him at cut throat prices. Farmers are forbidden from going across the border to sell their products to the highest bidder, to take advantage of the free market. The poor farmers are threatened with treason and imprisonment for trying to earn more, and lift themselves out of poverty.

 

 

Finally, the dictator becomes suspicious of trade, or the terms of trade that are increasingly unfavorable to him, with huge trade deficits. He seeks refuge in economic nationalism, import substitution industries, autarky, or self- reliance- ” eat what you grow, or grow what you eat”! Behind the scenes, he is busy with his wife hoarding scarce high value products from wholesalers like Costco, or Sams Club!

 

 

The concomitant consequences of a “personal command economy” is that; it destroys industries, jobs, deepens poverty, and people gradually withdraw from participating in the economy because it is no longer lucrative or rewarding. Many simply give up to destiny, fatalism, and accept their condition, and convince themselves that they can no longer change their condition through honesty and hard work alone.

 

 

Some choose to deepen their religious beliefs, practices, superstition, and invest more in the promises of after life, heaven. Now they have surrendered both their political and economic freedoms, and insulate themselves with Spartan nerves, to be oblivious to the harsh realities around them. The young and restless, simply abandon and seek flight, instead of fighting….Backway Syndrome, brain drain and capital flight sets in.

 

 

Religious fundamentalists, or merchants of doom begin to take prominence in the day to day running of affairs in collaboration with the dictator through misplaced benevolence, resource redistribution.

 

 

By this time, a proud, broken and defeated people have accepted begging as a way of life, as a way of providing some semblance of dignity to their families. It becomes a matter of survival, every man or woman for himself, and God for us all…..

 

 

Does the description above fit the profile of a Dictator and people near you? ….

 

 

We must defeat Dictator Yaya Jammeh’s tyranny and misrule, to restore order, rule of law, human rights, political and economic rights, prosperity to our people and end this unsustainable dependence, and asymmetric relationship between the Diaspora and families back home….

 

 

Please tell your families to Boycott the so called “Vision 2020 Meat Sale”, and any business associated with the KGI , Kanilai criminal cartel. Encourage and urge for them to spend their monies with the local market butchers or other legitimate corner shops, who will recycle that disposal income back into the economy, thus providing employment for your brothers and sisters.

 

 

 

please share, like and share your thoughts….

 

By PPP Media and Communications

First Lady Lands in Saudi Arabia on a $300, 000 Chartered Flight

By Alhagie Jobe

 

Gambia’s First Lady Madam Zineb Yahya Jammeh has arrived in Saudi Arabia on board a $300,000 chartered flight to perform ‘Ummrah’, the Fatu Network has confirmed.

 

According to sources, the First Lady accompanied by a high powered delegation of about fifty-five people, including her hairdresser and manicurist have all arrived in Saudi at the expense of the Gambia government.

 

Zineb commonly called “Gold Digger First Lady,” has ever since been using the presidential flight on her private endless travels and extravagant shopping sprees around the world, wasting Gambia’s merger resources while Gambians continue to live in abject poverty.

 

Sources say the First Lady has opted and insisted on a chartered flight to Saudi Arabia after being on standby since last week waiting for the maintenance and safe use of the Gambia’s Presidential flight Boeing 727 100, an old aircraft built in the sixties. The said aircraft is still under maintenance after a series of technical problems due to old age, unlike The Senegalese Presidential jet which is said to be brand new. According to experts, this plane which was built before dictator Jammeh himself was born, should have been out of commission years ago.

 

This technical problem with the Presidential flight and cancellation of the First Lady’s initial departure date resulted to the arrest, dismissal and detention of the Director General of The Gambia Civil Aviation Authority, Abdoulie Jammeh and members of his staff since June 28, 2016. Dictator Jammeh blamed his office for not making sure that his aircrafts are properly maintained.

 

Amongst those arrested and detained are aircraft engineer, Amadou Fatty, Abdoulie Trawally, senior human resource director of The Gambia International Airlines, Saul Njie, Air Traffic Manager and Ebrima Sallah, Finance.

 

Meanwhile, sources have confirmed that Dictator Jammeh’s aircrafts are usually maintained at the tune of over $150, 000 which the GCAA can no longer afford due to the financial constraints.

 

 

UDP Peaceful Protesters Denied Access to Prison Mosque

The Fatu Network has confirmed that peaceful protesters detained at Janjjanbureh Prisons are not allowed to perform prayers at the prisons mosque. Directives are said to have been given that they should not be allowed anywhere near the mosque.

 

The detainees twenty two of whom were unconditionally released Thursday, June 30 were advised by authorities to never take part in any form of protest failure of which they will face severe consequences. Before their released on bail, the detainees were all held in a big  hall for over fifty one days incommunicado and were never allowed outside their detention hall which has a bathroom inside. Both detainees and prisoners at Janjanbureh have one full tea cup of ‘Pap’ for breakfast with little or no sugar at all, rice for lunch with no pepper, no salt and half tea cup of ‘Chereh’ for dinner.

 

Many of them have serious medical issues, but are not allowed by prison guards to see a doctor. One Lang Marong who is said to be losing sight in one eye have tried many times to convince guards that he needs to see an eye specialist but it all fell on deaf ears. Both Fatoumata Jawara and Fatou Camara are said to be in serious medical needs as both of them can’t sit straight. Source could not tell us what exactly happen to them but stressed that they are in urgent need to see a doctor. Prison authorities have been informed about their condition since June 14, but they are still denied access to a medical doctor.

 

One of the male protesters whose name we cannot disclose right now is said to be losing his mind slowly. The Source stressed that he needs to see a doctor before it is too late.

 

Meanwhile, the twelve protesters who were denied bail are expected to appear in court latest Tuesday, July 5, 2016. The Fatu Network will continue to monitor the situation for you.

22 UDP protesters released from Janjangbureh prison, 12 remaining

Twenty-two peaceful protesters, militants and supporters of the Gambia’s opposition United Democratic Party (UDP) detained in the Janjangbureh prison have been unconditionally released on Thursday, June 30, The Fatu Network has confirmed.

 

These opposition militants and supporters are among 39 people arrested from two different locations since May 9 between West field and Kairaba Avenue by PIU officers while protesting in support of their detained comrades and party leader. They were later moved to Janjangbureh prison where they were held incommunicado for fifty one days.

 

It is not clear why the government decided to implement such a selective method of releasing detainees as a total of 12 people are still left behind in the prison. Those still held in Jangjangbureh are Modou Sarr, Jerreh Fatty, Solo Koromah, Bakary Marong, Alkali Sanneh, Lamin Sarjo, Kemo Touray, Alhagie Saidykhan, Lamin Dampha, Sheriff Suno, Tombong Njie and Muhammed Singhateh.

 

Earlier in May, out of these 39 people arrested on May 9th, six (6) of them all of whom were women were released on bail by the Kanifing Magistrate Court. They are Isatou Saidy, Sukai Dahaba, Kaddy Samateh, Fatoumata Sarr, Amie Touray and Lele Bojang. These women were separately detained at the Kanifing Police Intervention Unit; among them was a mother of a one month old baby named Aisha Fatty, who was also under detention with her mother.

 

They were charged with conspiracy, unlawful assembly, riot, incitement of violence, riotously interfering with vehicles, holding procession without a permit and disobeying an order to disperse from an unlawful procession. The Kanifing Magistrate Court granted them bail in the sum of D20, 000 with a Gambian surety each, who swore to an affidavit of means, deposited to the court, their national identification cards and addresses and particulars.

 

Consequently, the remaining 33 detainees were transported to Janjangbureh prison and have since not been charged, produced before a court of law or allowed access to family members or even their lawyers. The remaining 12 are now expected to appear before Justice Ottaba on Tuesday, July 5, 2016.

 

It could be recalled that since April 14, the political tension in The Gambia had risen following the arrest of a dozen opposition members of the United Democratic Party (UDP) who were merely protesting in demand for justice and electoral reforms. They were rounded up by police and one of them named Solo Sandeng was reportedly tortured to death in state custody while others suffered severe pains and still under critical conditions.

 

The death of Sandeng led to another peaceful protest on April 16, led by the leader of the party Ousainou Darboe and party executive demanding the release of Solo Sandeng, dead or alive and others ‘illegally’ detained. They were equally rounded up by police and are all currently standing trial, denied bail and remanded at the State Central prison of Mile II.

 

The Constitution of the Republic of The Gambia, Chapter 4, Section 25, Sub Section 1(D) states that “Every person shall gave the right to freedom of assemble and demonstrate peaceably and without arms.”

 

 

Election year

The Gambia is this year heading for another election in December but already marred by violence. The opposition are calling for electoral reforms and continue to stage daily protest in the country while Mr Jammeh described them as been ‘backed by the West’ to destabilize The Gambia.

 

On May 19, 2015 at a regional summit in Accra, The Gambia supported by Togo opposed a proposal by the sub-regional bloc, ECOWAS, to impose a region-wide limit to the number of presidential terms to two. The proposal which was on the agenda for the Heads of State and Governments to decide was finally not adopted.

Mr Jammeh came to power by a coup in 1994 followed by an election in 1996 and re-elected every five years since then. The government of Mr Jammeh has since been accused of showing little or no respect for the fundamental human rights of Gambian citizens.

 

Arbitrary arrests and detentions have increased, security forces continue to harass and mistreat detainees, prisoners, opposition members, journalists, and civilians with impunity. Prisoners are reportedly held incommunicado, face prolonged pre-trial detention, and are denied due process. The government has infringed on privacy rights and restricted freedom of speech and the press with disappearances and mysterious killings the order of the day.

 

Chaos in Mile II Prisons, 33 prisoners under emergency transfer to Janjangbureh Prison

A heavy confrontation between officers and prisoners is reported on Thursday in Mile II Prisons prompting the Authorities to order for an immediate transfer of several prisoners to Janjangbureh Prisons, The Fatu Network has confirmed.

 

According to our sources, over thirty prisoners are affected by the emergency transfer and are currently on their way to Janjangbureh Prisons in the Central River Region.

 

It’s is still not clear as to what caused the chaos and confrontation between the officers and prisoners but sources close to the Gambia Prison Authority have confirmed that the confrontation started when prisoners denied officers access to search their cells, possibly to seize properties sent to them by their families.

 

Searching of cells in Remand Wing, Main Yard, Female Wing and Security Wing at the Mile II Prison is a routine engagement by officers as it allows them to seize what they call ‘properties not allowed to be in the possession of detainees or prisoners’ eg; mobile phones, razor blades, beef cans etc.

 

Sources added that when the officer came to search, the prisoners denied them access and said their properties will not be taken away resulting to a heavy confrontation.

 

Meanwhile, it is reported that the chaos inside the prison also led to the closure of visitation and denial of provision of homemade food to prisoner. Earlier, it was reported by this medium that opposition UDP leader Ousainou Darboe and Co where denied homemade food and visitation but reports are coming that the denial has affected all prisoners due to the chaos. This sources say is unfair to innocent detainees who are not part of the incident.

 

Reports also have it that there might be no rest hours in the prison these coming days as officers might fear the problem to escalate.

 

 

 

National story line Gambia lost due to crisis of solidarity

Gambia’s nation story-line used to be the smiling coast of Africa. The country is small in terms of others but admired and respected for its citizen’s hospitality, impact in the world and nice beaches. Well, we all wished that Gambia’s story has been same version but we are now known for our human rights issues, incarcerations, poverty and the lone individual “Yaya Jammeh” for 20 years. We’ll probably need a new national story because anywhere Gambia is mentioned, people remind us about the man who cures HIV with banana and human rights injustice. Development sure puts a country on the map but it is not all about building arches and airport, but people. When you have a commander in chief who presides over tortures, killings, divisive speeches etc., it clouds all the good he has done.

 

 

Once upon a time in Gambia, people jealously guard shared values of neighborliness and shared mutual interests so much that it made a bond of trust in each other at work place irreplaceable. Neighbors share dishes during lunch time or children will have sleep over at neighbor’s home whom they have no proximal relations. Now neighbors have become strangers. Many of us are appalled that our society standards and some people’s character have changed significantly but not all are blithely unaware or care about these chasms. Some civil servants, service men, elders, citizens who worked with Yahya Jammeh will be tainted forever after for the degradation of standards they have helped him create in the country. Yahya Jammeh, it turns out that he has created a society in which we only not worry about the Jammeh phenomenon we have to deal with, but the rise of enablers such as freeloaders and easy riders for personal gain. Yahya Jammeh, to his credit, made them visible to us on personal level even though we feel pervasively betrayed that— they are secret spoilers. Reflecting on our society today reminds us, how much pain there is in our country as a result of the action of these people— who single handedly contributed to the rampant social isolation of Gambia.

 

 

Gambia continues to nosedive even further into uncharted territories of dictatorship because of shrewd enablers such as easy riders and freeloaders. We have repeatedly failed to make any meaningful progress because of selfishness of certain people standing against the wind of change. Some folks are proud to be easy riders and freeloaders to everywhere they can exploit without being sensitive to their fellow human suffering or lost. Everything they get involved in, results in weakness, confusion and disarray thus making people lose sight of their core interests of free Gambia and his citizens. They will indeed exploit people or a vulnerable system sometimes shamelessly and sometimes not, just to deaccelerated the arrival of certain valuable aspects of change and deny people their voice. They’ve wagered the peoples wish for future political gain, and we’re all worse off for it. Their insolence and ingratitude to fellow Gambians who worked hard to build the country just for them to enable APRC regime to destroyed everything, thus inevitably prolonging Gambians suffering.

 

 

They have perfected the art of snatching defeat from the jaws of victory by creating suspicion and mistrust among people. Easy riders and freeloaders are repeatedly kicking the can of change with no apparent concern for their actions. Any attempts to move the country forward, has either misfired or collapsed over the last twenty years best exemplified by December 30th incident. They will smile on your face while their heart is burning. They will push the most vulnerable forward, turn and run for nearby hills only to leave them to fend for themselves. Thus, they must face the choice of the unthinkable alone after the easy riders sveltely withdraw their support. It’s an embarrassment that some people with no affront to basic moral decency of having learned nothing from the damage they have done to our Gambia families and society.

 

 

This is unacceptable in an ethical or logical society. The better course for all of us is to step back and take the long view, and to begin building our relationship with people as a result of rampant social isolation, improve on our character and restore trust in each other again for us to regain that solidarity to free our country. APRC and its leader will not live forever.Thing again the consequences of you actions not there after when it is done and over with. National interest should trump self interest.

By habib

(A Concerned Gambian)

Detained UDP Campaign Manager Is Losing Sight in One Eye According To A Letter Sent To The Fatu Network

 

Below we produce a letter sent to us by the daughter of the detained UDP campaign manager, Lamin Ndanbung Dibba.  She stated that her dad needs to see an optician urgently as he is gradually losing sight in one eye.

 

 

My heart is heavy!! Reports reaching me are that my father Lamin Ndanbung Dibba is gradually losing sight in one of his eyes. He sustained a ‘hit’ close to one of his eyes by members of the Gambia Police Intervention Unit during the peaceful protests of April 16th in the Gambia. He and his arrested colleagues are all elderly citizens that have various medical conditions needing the attention of specialists.

 

My understanding is that for the past 74 days and counting that they have been imprisoned, they were only attended to by a Medical Doctor once. Their medical needs are not being adequately addressed and they are refused transportation to the Hospital or visit by a bonafide medical doctor for proper medical treatment. The medical practitioner at the Mile II prisons where they are being held only prescribes medication at their (my father, his colleague) request and then the family members fill these prescriptions for them . This is a travesty in itself.

 

My dad needs to see an eye specialist URGENTLY before he loses complete sight in one of his eyes. So does the rest of his colleagues including female members who are in dire/critical medical conditions requiring the attention of specialists. So far the Gambia APRC Government under the leadership of Yahya Jammeh has vehemently denied them access to urgently needed medical help. I am concerned for their well-being. The Director of Prisons, Justice O Dada and the entire Judiciary, The Minister of Justice and the Minister of Interior are all collectively responsible for their safety and well being while there being imprisoned. We will hold you accountable for anything that happens to them.

 

They are not asking for any special treatment or privilege, all they request is their due rights. I therefore ask the authorities in charge to do their damn job that they are being paid for.We are monitoring the conditions in the Gambia carefully, noting all the atrocities and injustices. Justice delayed is Justice denied. Gambia is a small country and we know each other. Justice will prevail either in this lifetime or the next. At the end of the day, just remember that we are all capable of the treatments you’re according our parents.

Darboe & Co Denied Homemade Food And Visitation

By Alhagie Jobe

 

Gambia’s opposition United Democratic Party leader Ousainou Darboe and party executive detained at the state central prison of Mile II are denied visitation and homemade food with effect from today, Thursday, June 30, the Fatu Network has confirmed.

 

According to family sources who spoke to this medium and currently hanging out at the prison gate, they have been told by officers that it is an immediate order received today that Mr Darboe and Co should not  get any visit or homemade food. They did not specify where the order came from but family members believe it’s a directive from the President so as to weaken and mentally torture the detainees and their families. This is not the first time that Darboe and Co are denied visitation and homemade food, and like before, our sources could not confirm when this new embargo will end.

 

The bad food provided by the prison to detainees especially those at the Remand Wing were Mr Darboe and Co are, is the worst one can ever thought of providing to a human being. Without homemade food especially in this Ramadan, it will be so difficult for Mr Darboe and Co to depend only on the food from prison.

 

Meanwhile, the Prison Act provides that all remand prisoners are entitled to family visits, homemade food and medication throughout the period of detention. Today, with these order from the authorities, it is a total violation of Mr Darboe and Co’s rights.

 

Case

It could be recalled that Mr Darboe and Co were arrested on April 16 after staging a peaceful protest demanding the release, dead or alive of the party youth leader Solo Sandeng who was arrested in an earlier April 14 protest for demanding electoral reforms. He was tortured and died under state custody.

 

Mr Darboe and Co have since been charged, denied bail and remanded in the state central prison of Mile II. The international community had denounced the action of the government and called for their immediate release and for the government to launch and immediate investigation into the death of Solo Sandeng.

 

After a long mute over the dead of Mr Sandeng in state custody, President Jammeh in an interview with the French Magazine Jeune Afrique in May 2016 confirmed the death of Mr Sandeng and rubbished the call for investigations.

 

Again, the state prosecutors also admitted in court on Thursday, June 16 that Ebrima Solo Sandeg ‘indeed’ died in state custody. The confirmation was contained in a reply by the State’s Director of Public Prosecution SH Barkun to a Habeas Corpus filed on behalf of the late Sandeng at the High Court for the Gambia government to produce him dead or alive.

 

Dictator Jammeh sacks Senior PS over leaked confidential letter

By Alhagie Jobe

Dictator Yahya Jammeh has sacked a long serving Permanent Secretary at the Office of the President over a leaked letter to popular US based Gambian news organization, The Fatu Network, this medium has confirmed.

 

According to our sources, Isatou Auber was sacked after the publication on The Fatu Network website on June 27 of a leaked reply letter dated November, 12 2015 from the Office of The President and addressed to the Solicitor General and Legal Secretary at the Ministry of Justice with Subject: State VS Lamin AMS Jobarteh in which President Jammeh gave an executive decision that criminal charges against Mr Jobarteh cannot be dropped.

 

Mrs Auber signed the said letter on behalf of the Secretary General that was dispatched to the Solicitor General and Legal Secretary at the Ministry of Justice conveying the executive directive.

 

Meanwhile, The Fatu Network would like to make it very clear that we did not obtained the said letter from Mrs Auber neither do we have any contact with her. This is another manifestation that dictator Jammeh keeps getting it all wrong. The Network has been publishing confidential letters from The Office of The President for the past few years, and will continue to do so.

Cardin, Mikulski, Van Hollen, Call for Release of Maryland Resident Fanta Jawara from Gambian Prison

 

US Congress

 

FOR IMMEDIATE RELEASE
June 30, 2016

 

 

CARDIN CONTACT | Sean Bartlett / Sue Walitsky – 202.224.4651
MIKULSKI CONTACT | Matt Jorgenson – 202.224.4654
VAN HOLLEN CONTACT | Ian Jannetta – 202.225.5341
DELANEY CONTACT | Will McDonald – 202.225.2721

 

 

Cardin, Mikulski, Van Hollen, Delaney Call for Release of Maryland Resident Fanta Jawara from Gambian Prison

WASHINGTON – U.S. Senators Ben Cardin and Barbara A. Mikulski and U.S. Representatives Chris Van Hollen and John K. Delaney, (all D-Md.), issued the following joint statement Thursday calling on the government of The Gambia to immediately release Fanta Jawara, a Maryland resident who has been jailed in that country since April.

 

 

“Mrs. Fanta Jawara is an American citizen from Frederick, Maryland whose only crime appears to be visiting family in The Gambia. We are extremely concerned about her continued incarceration and call for her immediate release. The constitution of The Gambia specifically provides for the right to due process, freedom of political association and the right to peaceful assembly as well as outlaws torture. We urge the Gambian government to meaningfully adhere to the rights enshrined in their constitution by releasing Mrs. Jawara and other peaceful protesters, and respecting freedom of speech and the media.”

 

 

Background Note:

For months, protestors in the Gambian capital of Banjul have advocated for electoral reforms, and the resignation of President Yahya Jammeh. The government has repeatedly engaged in mass arrests of protesters and harassment of political opposition in the lead up to the elections, which are currently scheduled to take place in December. In April, Solo Sandeng, the National Organizing Secretary of the United Democratic Party—the main opposition party—died after he was arrested. Witnesses allege security personnel tortured him while he was in detention.

 

 

President Jammeh has been in power since taking over in a military coup in 1994. His government has been accused of gross violations of human rights, including extrajudicial killings, torture and arbitrary arrests. Media freedom and freedom of speech are not respected, and harassment of journalists has been widely reported.
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Exposing Gambia gov’t interference in the judicial system

By Alhagie Jobe

 

Judicial independence is the concept that the judiciary be kept away from the other arms of government, that is, the courts should not be subject to improper influence from the other branches of government, or from private or partisan interests.

 

 

In paper and pen, The Gambian Constitution provides separation of power meaning all organs of the government operate on its respective field without encroaching on each other’s domain. In practical, the recent unsavory happenings in The Gambia’s judicial system notably the sackings, resignation, reappointments and appointments of senior judicial officials has again confirmed the continued government interference and made many wonder if there is any independent of the judiciary.

 

 

Today, every Gambian and non-Gambian alike is asking who is actually in charge of the administration of justice in The Gambia, whether the Chief Justice as head of the judicial department or the Attorney General and Justice Minister who is chief legal adviser to the government or President Yahya Jammeh himself is controlling everything.

 

 

The Fatu Network has obtained a confidential letter from the Office of the President of The Gambia from security sources giving urgent executive directives to the Inspector General of Police copied to the National Intelligence Agency (NIA) to arrest, detain, investigate, charge and prosecute, therefore, confirming the level of government interference in the judicial system.

 

 

The leak confidential letter was dated May 28, 2015 and signed by Ebrima Jawara for Secretary General with subject: Arrest, detain, investigate, charge and prosecute Mr Momodou Lamin Gassama, Project Director NEMA.

 

 

The letter reads: Executive Directives have been issued for Mr Momodou Lamin Gassama, Project Director of the Nema Project, to be arrested, investigated, charged and prosecuted as per the findings in the attached report.

 

 

Further Executive Directives have been issued for the Inspector General of Police and the Director General of the National Intelligence Agency to set up a panel to investigate, charge and prosecute Mr Momodou Lamin Gassama, based on the findings in the attached report.

 

Arrest and Detain letter

 

Immediately after the circulation of this letter, Mr Gassama was arrested at his residence in Jambur Jarri Kunda (Sinchu Giddon) by officers of the National Intelligence Agency. He was arrested with Sarjo Marenah, the financial controller of the Central Project Coordinating Unit and Bakary Jarju, director of the FASDEP Project in Basse while on the annual tour with President Jammeh.

 

Gassama

 

Therein lies the problem. In any country governed by the rule of law, it is the responsibility of investigators – in most cases; law enforcement agents to first conduct searches through the acquisition of a warrant from a judge, and handing all evidence to the prosecutor who makes the determination as to whether a law has been violated – and if it has, whether charges should be brought against the individual in question. It is at this point that an arrest order is given by the prosecutor if in fact there is a case to answer. Guilt or innocence call is made by the judge/jury and the imposition of penalty is determined at such point by the court. The opposite is what happens in the Gambia where an individual who hasn’t yet been determined to have committed any crime is first arrested, taken to court, at which time the government starts fishing for evidence – all under the orders of and remote controlled by Yahya Jammeh. All part of the pattern of pervasive abuse witnessed in this country since 1994, the judiciary has become totally compromised rendering the justice system a joke. If Yahya Jammeh wants you in prison, you go to prison no matter what is stipulated in the Constitution of the land. Period! So it would have been laughable if it wasn’t such a life and death situation for so many, when a judiciary insider recently quipped: “well if you know the case against you is politically motivated, don’t even bother getting a lawyer – it is pointless!”

 

 

The multi-million dollar National Agricultural Lands and Water Management Development Project (NEMA) launched in The Gambia in 2013. The project amounted to US$65M is funded by the International Fund for Agricultural Development (IFAD) targeting women and youths, seeking to contribute to the eradication of hunger and poverty in rural Gambia.

The vision of patriotism that once gave dignity to all is now replaced by personal patriotism culture.

The political fear-mongering of the APRC regime, one presumes is to instill fear and terror on the Gambian population has been a strategic agenda item for Yahya Jammeh since 1994 to continue ruling Gambia. So using brutal force on citizens and using one segment of society against another isn’t new and neither is the “crisis” it creates for the rest of us. One segment of society — most in dire financial straits but still vote against their interest. They have different conception of Yahya Jammeh because they refused to learn from others mistakes and are often holding prayers for him despite everything he has done against citizens. Not everyone is angry about happenings in the country, but honestly, we also have some misinformed troglodytes “deliberately ignorant” people among our midst who love power and wealth more than anything. They often find themselves doing the wrong thing to please people.

 

 

This leads us to ask: Do people believe that life is a bouquet of roses in Gambia or the pain of economic stress, loss of identity, community breakdown, ethnic bigotry, loss of social status, loss of lives, injustice on citizens and self-worth are not felt by them. They pushed too hard even though history is moving in the opposite direction as the pendulum swings to the end era of APRC regime. Everything we stood for once before or pride ourselves have vanished, making it easy for the regime to prey on the weak. How do we restore dignity and faith in our Government again— to be transparent and honest with the people? For example, when you decide to oppose the regime or run for a leadership position within a community, the regime will nervously send you imams, use your family or influential people to prevail on you.

 

 

The prestigious cultural values —that once made it possible to have self-respect, honesty, integrity amid difficult moments or when needed most is missing in most people. The previous PPP government had some flaws but they let society instill a social culture in which you are able to count on people. Back then, the people were empowered in such a way that pains of economic stress, community breakdown, loss of social status and self-worth where tackled as a family matter, hence, we all walk through them gracefully. Growing up in Gambia, we were touched by the character and conduct of certain people. They honored the poor among us and those who worked under them. We used to then envy two types of peoples but it was done in a permissible way. Those granted knowledge and wealth. We prayed for their knowledge to increase and at the same token, we pray for ourselves to have such knowledge, so that we can put it into practice to covey it to our people in the best ways. Likewise, for wealth, we also prayed for those whom were granted it, for theirs to increase and for us to have such wealth so that we could take care of our families or spend it in right cause to help our people.

 

 

When bread money, school uniforms, hardship knocks on a family’s doors steps, you can count on your neighbors, relatives or the “Uncle”. Yes, that’s right, the uncle who lives at top of hill and will allow you to live among his kids for shake of your education or progress. Our parents didn’t have money but able to make ends meet and live comfortably with smile on their face. Aggregates of people in a society will be assigned “Kunda” at the end of their last name best exemplify by “manjaikunda, Dembakunda, etc.” as collective pride of something they were known for which gives meaning to our childhood. Our parents might be so poor or living on the edge, but their children never felt disrespect or unwanted in society. Any act of disloyalty — like looking down on people, avoiding people, sharing personal secrets of families with outsiders — maybe felt acutely or nonexistence.

 

 

That loyalty culture helped a lot of people today whom where strangers on family homes. Any five minutes’ conversation you have with people then, they take pride talking about someone in their family making difference. That is what Yahya Jammeh enjoyed among Gambian as a teenager. He too, he stayed with relatives and enjoyed government scholarship or sponsorship throughout his life. This is exactly what he denied Gambians today to tackle a major problem, his regime. Today, Gambian approaches such problems quite the opposite. The culture of fear created by the APRC regime over the years has changed the fabric of our society. This was what the loyalist of Yahya Jammeh never get to understand when people missed Gambia of yesterday. Everything we stood for before as a country is devalued.

 

 

Today, you can’t go five minutes without having a conversation on anything without learning about injustice against people, hardship stories, and crushed hopes. For APRC regime, It’s all about intense personal patriotism culture force on people which awards status to the individual after committing an act against your morals in most cases. Henceforth, it is not entirely surprising, the bricks of hope, faith, love, peace and believe in oneself, which once built our society, now seams it is sold out in the second republic and replaced by personal patriotism culture. The truth is that, what they offer builds nothing for people and society today because we are led by immoral people. The outraged you see today in our society is as a result of APRC regime abandoning traditional and Gambian values to build their own society of patriotism culture. It’s too hard to explain APRC many accomplishments.

 

 

By Habib (A Concerned Gambian)

Complementary relationship approach is needed most not dualistic ways of: Us vs Them thinking to free Gambia

The lock step unity, honest dealings and the rigid loyalty we wished for at every moment of opportunity which present itself to quickly free our country out of its misery looks like a mountain climb at times. The cleansing rain of love for each other we need to wash off mistrust, happy thoughts to wash away suspicion of each other, the rain of goodwill to wash off ethnic jealousies caused by APRC regime, clouds are still dark but yet to fall. some of the especially conscientious are beginning to question everything because the country is ruled by someone who is always in conflict with most people’s lived experience. Many paradoxes are of his doing, best exemplified by the daily human rights atrocities which dominates the ethos of our country, the enforced disappearance of citizens, and the inhumane act of knowingly mistreating suspected political prisoners or journalist. The measured cautious approach taken by many haven’t paid off quickly but, this is a hard long fight which needs one to exercise patience and stay the course. We are close to victory.

 

 

Many people ran out patience because It’s hard to imagine how a dangerous man who have demonstrated countless of times that— his political needs are more important than relations with citizens of the country. They have no tolerance anymore for a leader with shriveling legacy whom is secretly rendered effectively unwelcome in many nations and toxic to Gambians. So why is such a person who is a lone decider incapable of horizontal relationships with world leaders and humiliates everybody who has tried to be his friend but still able to operate the country on his fancies. And to make matters worse, his deeply unpopular policy agenda doesn’t cross any sound threshold. Yahya Jammeh may think that he the “man” and does whatever he likes but I remind him to open the book he carries on his hand to chapter 14 vs 42 “And never think that Allah is unaware of what the wrongdoers do. He only delays them for a Day when eyes will stare [in horror]”.

 

 

Rightly so, we are all upset and worried about the injustice to citizens daily along with the blessings the country loses every tick of a second. But now more than ever we need people in service of the nation to have the courage, stop the procrastination of reconstructing past events which imprison their minds so much that they often get confused by trivia questions and get locked into the status quo. They end up being a searcher of answers to known questions than a settler. Twenty years of discord sowed by regime finds its ways to every conversation or anything productive to move things forward. The us versus them; this or that – a natural ego of wholeness of any situation between the diasporian and those on the ground is played out now. It’s a thing of the past. Only few are still playing that seed of discord but we all in this together. Truthfully, some of us are just contributing what we can for the love of our country and are not looking forward for anything in return.

 

 

Lawyer Darboe and his executives have showed us an authentic inner experience of what it meant to be Gambian when you are needed at most to stand against injustice. He took that walk with courage for our fallen brother Solo Sandeng and those wronged jailed knowing full well what Yahya Jammeh will do. For those who are helping to torment and convict political prisoners, remember Yahya Jammeh will not intercede for you one day. So fear that day when you shall defend yourself from your record. it’s never too late to see errors and correct them but the regime continuous to use unlimited power at the expense of the liberty of the people hitting where it hosts most is just unfair. Again, it’s a long hard fight but we shall prevail and our people will be free.

 

 

By Habib ( A Concerned Gambian)

Gambia’s Corrupt And Discredited Judiciary On The Spotlight Again As Our Legal Expert Explains How Prosecutors and Witnesses Are Coached on How To Frame Innocent Gambians Part 2

As promised, here is part 2 of our series on Gambia’s rotten judiciary where the state in a deliberate attempt to pervert the cause of justice, use the Attorney General’s Chambers to frame innocent Gambians especially those it perceive as enemies.

 

THE UNETHICAL AND IRREGULARITY OCCASIONED

Having successfully frustrated the defense team in a combined effort, the DPP and the Judge now have an easy ride to achieve their mission as directed by Jammeh. The unethical behavior demonstrated by the state is alarming. The law has imposed a role and a duty on the Judge and the Prosecution. These roles and duties must be adhered to at all times and failure to do so is unethical, unjust, irregularly and a plain miscarriage of justice.

 

 

ROLES AND DUTIES OF A JUDGE IN CRIMINAL TRIALS

It is evident that the justice system is the mechanism that upholds the rule of law. Our courts do not only provide a forum to resolve disputes but to also test and enforce laws in a fair and rational manner. Judges must apply the law without regard to the government’s wishes or the weight of public opinion. Court decisions must always be based on what the law says and what the evidence proves; there is no place in the courts for suspicion, bias or favoritism.

 

 

We have what is known as an adversarial system of justice where the judge remains above the fray, providing an independent and impartial assessment of the facts and how the law applies to those facts.

The judge is the “trier of fact,” deciding whether the evidence is credible and which witnesses are telling the truth. Then the judge applies the law to these facts to determine whether there is proof beyond a reasonable doubt and that the suspect is guilty.

 

 

The aforesaid is what justice DADA (the Judge presiding over the case of Darboe and Co) and any other Judge in the Gambia is required to adhere to. The natural question that flows from this is whether justice DADA has adhered to this principle in the case of Darboe and Co? The answer is an emphatic NO. As stated above, the number one principle is that the judge must enforce the law in a fair and rational manner. Section 19(5) of the constitution of the Gambia as well as section 99 of the Criminal Procedure Code of the Gambia provides that an accused person is entitled to bail. Darboe and Co applied for bail citing the aforesaid laws as the basis of their application and has provided sufficient facts as to why they are entitled to bail, yet the judge refused to grant their application thus denied them bail. The judge has blatantly applied the law in an unfair and irrational manner. In doing so she has betrayed the public trust by refusing to adhere to her role and duty.

 

 

The second role and duty is that the Judges must apply the law without regard to the government’s wishes or the weight of public opinion. There is overwhelming evidence (in this case) to show that the Judge has been giving regards to government wishes rather than apply the law in a fair and rational manner. It is a fact that

  1. The Judge received a directive from the government to deny Darboe and Co bail.
  2. The judge had several meetings with the Attorney General in the Attorney General’s office while the case is ongoing (obviously they will discuss the case and the what the president wants the outcome to be).
  3. The judge guides the DPP on the laws to cite in court prior to the time allocated for hearing (on one occasion the judge sent her clerk to deliver a note to the DPP).
  4. The constant refusal of all the applications made by the defense team no matter how overwhelming the evidence shows that the judge continuous to give regard to government wishes rather than the law.

The aforementioned amongst other things are sufficient evidence of the Judge’s quest to adhere to the wishes of Jammeh.

 

 

Finally, it is the role and duty of the judge to ensure that there is no place in the courts for suspicion, bias or favouritism. The judge in the case of Darboe and Co did the exactly the opposite. The manner in which she conducts herself and proceedings shows that she is bias and constantly favours the state. She has failed to remain above the fray and has failed to impartially assess the facts and evidence before her.

The judge’s failure to adhere to her roles and duties is unethical, unjust, irregularly and a plain miscarriage of justice.

 

 

ROLES AND DUTIES OF A PROSECUTING COUNSEL IN CRIMINAL TRIALS

Section 85(1) of the 1997 constitution of the Gambia provides that:

The Director of Public Prosecutions shall have power in any case in which he or she considers it desirable to do so, and subject to the approval of the Attorney General-

(a)  to initiate and undertake criminal proceedings against any person before any court for an offence against the law of The Gambia

(b)  to take over and continue any criminal proceeding that has been instituted by any other person or authority;

(c)  to discontinue, at any stage before judgement is delivered, any criminal proceeding instituted or undertaken by himself or herself or any other person or authority:

in performing the aforesaid the DPP is required to be fair and impartial – His interest primarily is to present the facts as they are, to see that justice is done and not to secure a conviction.

 

 

It is the duty of the DPP to check the truth of the case to verify if there is a prima facie case against the suspect before instituting any proceedings. If a prima facie case has been made against the suspect then an indictment will be prepared and file to the court that has jurisdiction. Was this adhered to in the case of Darboe and Co? again the answer is an emphatic NO.

 

 

In the case of Darboe and Co, the opposite happen. The Attorney General received a directive for Darboe and Co to be charged before the High Court. This directive was complied with without regards to proper procedure. The proper procedure is that the police are to investigate the alleged offence and prepare a report (investigation report). The report will be sent to the Attorney General’s Chambers. The report will be assigned to a lawyer to go through it and assess whether the evidence in the report revealed a prima facie case against the suspects before filling an indictment. The opinion will determine whether an indictment should be file or not.

 

 

What the DPP did in this case was to act on the directive given to him to file an indictment then he asked a junior lawyer to write an opinion to tally with the indictment he already filed. The facts and evidence were never assessed to see whether there was a prima facie case against the accused persons. Everything was done to the satisfaction of YAYA JAMMEH.

 

 

Another role and duty of the DPP is that he shall not withhold the existence of any adverse decision on a point of law favourable to the accused and he has a duty to make available to the accused persons evidence favourable to them. This was never complied with. The DPP has hidden facts known to him. He knew that the accused persons where tortured and that the PIU has refused to bring them to court unless they agree to change their blood stained shirts. He did not only hide this fact to the court, he went ahead and denied that the accused persons were ever tortured.

Also he called the witnesses in his office and coached them i.e. he told them what to say in court and how they should respond to his questions. The whole trial was a sham. Jammeh used the Attorney General’s chambers to legitimize the unlawful and illegal treatment of Darboe and co.

 

 

 NEXT WE WILL TALK ABOUT THE MISCARRIAGE OF JUSTICE VIS-À-VIS THE VIOLATION OF THE FUNDAMENTAL RIGHT TO A FAIR HEARING.

 

Enforcing honesty and integrity in Gambia should matter to everyone

Government official taking direct command from Yahya Jammeh and those working at the front lines as some security service personnel are serious and solemn Jobs, not to be undertaken lightly. Those are the people who often found themselves at moral crossroads, turning the power of the state against the innocent, a dreadfully serious business indeed. The crocodile tears of those involved in decisions they will live to regret in life, to their lasting shame of hiding behind “I did what duty demanded” or, “doing so was a condition of keeping my job” erroneous statements are not an excuse anymore. Two wrongs are feeding off each other kept us exactly where we are. The Sins of the few, trickle down and affect a whole group who pay the dire consequences as the price of injustice against Gambians.

 

 

The harsh treatment of the less fortunate, journalist, political prisoners by those in service of the nation and their willingness to tolerate unnecessary suffering among citizens is very disturbing. We hope Gambians made time to read and re-read the harsh treatment of vulnerable citizens on the hands of Yahya Jammeh loyalist, the deeply disturbing series about the treatment of fellow Gambians released on affidavits recently. The system of APRC governance is failing Gambians on many fronts, on any given day. Security agencies, ministerial portfolios of (Justice dept., interior) and the courts staffed by mercenaries has lost its sense of mission because of the constant churn at the top — the president. The slide began when Yahya Jammeh looked at the vast bureaucracy of the system and saw a gold mine of jobs and contracts for his brainwashed loyalist who will do anything against their morals for money, position, power and fame. It is abhorrently wrong swear fealty to Yahya Jammeh instead of the country. It is abhorrently wrong swear fealty to Yahya Jammeh instead of the country.

 

 

Countless stories of collaborated statements of detainees physically or allegedly sexually assaulted to the thousands of Gambians run away from their country is very disturbing. Worst of all, some whom the regime claim the disappear in small Gambia have never been found. We all know what that means, imaginary sad tombstones without burial from bereaved families. Gambia need help now and can’t wait while the world bodies that are supposed to protect the citizens when the nation fails to do so, rethinking and redefining genocide, crimes against humanity with a numbering scale. Some of the most telling stories come straight from those whom are supposed to be Safeguarding the welfare of the citizens about regretting the horrors they committed on citizens, those wearing uniform. Of course, saying this brings angry denials from many loyalist saying that they just follow orders and are at risk of being exterminated when they fail to do so, so let me try and cite some of the overwhelming evidence.

 

 

Yahya Jammeh, not at all intimidated by widespread disgust at his behavior, is getting ever more aggressive in his pursuit of critics of his administration and selecting few among us to do the dirty job. Apparently, he will have orchestrated the persecution Gambians through back door channels but he makes sure his name is not signed on any documents which will be problematic in the future. Likewise, the NIA top bosses or the security services heads uses every opportunity to sweep away traces of their names from an orchestrated scheme. As of now, those in leadership positions understands that they can get away with whatever pleases Yahya Jammeh in pursuit of a partisan agenda. Instead, you have the poor little guys pushed forward Stepping into the middle of trouble to bear the burdens of the state. Honesty and integrity was something precious in Gambia but it is packed away gathering dusting waiting for the next Government.

 

By Habib ( A Concerned Gambian)

Fanta Jawara’s girls calling for her release ‪#‎FreeFantaAndCo‬ 27/06/2016

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A Mother… Fanta Jawara, a US citizen was arrested and along with many peaceful protesters and still held in the notorious secret jails of the Gambian Dictator Yahya Jammeh.

Proceedings today in court, June 27, 2016

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The state has rest their case today in Lawyer Darboe and 19 others case. They brought in a police witness used in the past to testify again. This time using a point newspaper coverage of Darboe protest as part of the last evidence.
In the Solo Sandeng habeas corpus application the state blame communication problem. They claimed that they did not receive Sir Jeng’s affidavit on time to proceed.
Darboe and co’s case will resume on July 4, 2016

Gambia’s Corrupt And Discredited Judiciary On The Spotlight Again As Our Legal Expert Explains How Prosecutors and Witnesses Are Coached How To Frame Innocent Gambians

For the next couple of weeks, the Fatu Network is running a series on Gambia’s rotten judiciary where the state in a deliberate attempt to pervert the cause of justice, use the Attorney General’s Chambers to frame innocent Gambians especially those it perceive as enemies.

 
In our this first series our legal expert take a look at the case of United Democratic Party leader Lawyer Ousainou Darboe and Co and expressed how the state is going at every length to frame them even though available evidence shows that they are innocent. Below we produce the first part.

 

INTRODUCTION

The trial of Darboe and Co has been one of the most historic trial in the history of the Gambia. It earned its place in our history not because the proceedings were fair, just and in accordance with law and procedure, it did so because we have witness the most unjust trial the country has ever witnessed.

 

 

BACKGROUND OF THE TRIAL

A group of young Gambians assembled at westfield to show their displeasure with respect to the new electoral reforms and other laws that have been enacted by the national assembly and the president. Most of the youths in the said assembly are said to be from the main opposition party in the Gambia, UDP. During the said assembly, the state sent PIU official to the scene. The PIU brutally dispatched the assembly and arrested a dozen of youths. The youths who were arrested were detained and were denied access to a lawyer and their family. Consequently rumors emerged that three people amongst the detainees died in custody. They were believed to be tortured to death. This news sent the entire UDP Party into turmoil. Questions were being asked from both neutrals and the UDP party affiliates. The government decided to remain silent about the whole issue. They neither accept liability nor deny liability. Many unanswered questions were hanging while the entire nation and the world at large are waiting for answers. To mitigate the situation the leader of the UDP (Ousainou Darboe) called a press conference in his resident at pipeline. Where he said amongst other things that he would be leading his people to a peaceful protest demanding for the release of one Solo Sandeng either dead or alive. He and his supporters began their march towards westfield whiles holding hands demanding for the release of Solo Sandeng chanting “we need Solo Sandeng dead or alive.” Again PIU officers were sent to dispatch the gathering. Darboe and some of his supporters were brutally beaten and eventually arrested.

 

 

THE MISCARRIAGE OF JUSTICE OCCASIONED PRIOR TO THE MATTER BEEN TAKEN TO COURT.

The very moment that Darboe and co were arrested, all hopes of a just trial vanished. Why? It is the first time during the regime of Jammeh that an opposition leader took the street with his supporters demanding for justice. This was seen as a threat to the regime. A dictatorship regime always believes in brutality to make its subject subdue. The videos that went viral are sufficient evidence to corroborate the brutal force Jammeh used to arrest Darboe and co.

 

 

Upon their brutal arrest on the 16th April 2016, they were taken to the PIU Headquarters in Kanifing. Whiles in custody at the PIU headquarters, something happen which was a sign that Darboe and co will never enjoy a fair trial. What is it that happened? Section 19 (2) of The 1997 Constitution of the Gambia provides “Any person who is arrested or detained shall be informed as soon as is reasonably practicable and in any case within three hours, in a language that he or she can understands, of the reasons for his or her arrest or detention and of his or her right to consult a legal practitioner”
 this constitutional provision was never adhered to by the state. The arrestees were never informed as to why they were arrested nor were they informed of their right to consult a lawyer. This is something that should have been done within three hours of their arrest.

 

 

After more than 24hours of their arrest, four (4) senior lawyers went to the PIU headquarters to see Darboe and co but they were denied access by the officer in command. He told them that he has received a directive not to let them in. As usual, executive directive has been given priority over constitutional and fundamental human rights. Darboe and co spent the night there without access to a legal practitioner. They were in PIU custody from the 16th to the 20th April 2016.

 

 

WHAT HAPPENED NEXT?

On the 20th day of April 2016 Darboe and co were to be arraigned at the Kanifing Magistrates’ court. Their arraignment was to be conducted by the police. The plan suddenly changed because there was an executive directive from Office of the President that they should be charged in the High Court instead of the Magistrates’ court. This was after the AG spoke with the DPP and the President. This was a tactical move to deny Darboe and co bail and to give the state time to coach their witnesses in order to oppose bail. Why was it a tactical move to deny Draboe and co bail? In the Gambia, proceedings before Magistrates Courts are termed as summary proceedings. Once a person is arraigned you are entitled to apply for bail orally. Darboe and co were ready to apply for bail because all the facts were in their favor. The state was not willing to take chances with a magistrate even though he was contacted to deny them bail. The DPP was immediately sanctioned by the AG to prepare and file a charge at the High Court. The Chief Justice was also contacted to assign the case to a Judge and the judge was instructed as to what to do (of course to tell the accused to come formally and refuse any oral application). The DPP complied with the instructions of the AG without demanding for the investigation report to enable him determine whether there is a case against Darboe and Co. The charge was eventually filed in the High Court. The case was delayed for almost two hours. Do you know why? I bet you don’t know. Darboe and Co were forced to change the shirts they were wearing because the shirts have blood stains on them. These blood steins came from the injuries they sustained in the hands of the PIU officers during and after their arrest. Initially they refused to comply until when they were told that they either change their shirts or they will not be taken to court. They complied because they know if they do not they will not be taken to court. Also they were of the belief that they will be granted bail since the offenses for which they were charged are bailable offenses.

 

 

Upon their arraignment, the defense team made an application to apply for bail orally and the judge refused. He told them to come formally i.e. they should file a bail application in writing. The defense team complied with the order of the court. Upon hearing the application of the defense team, Darboe and co were still denied bail irrespective of the constitutional provision of right to bail. Section 19(5) of the constitution provides that:

 

 

If any person arrested or detained as mentioned in subsection (3)(b) is not tried within a reasonable time, then without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including, in particular, such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or proceedings preliminary to trial.

 

 

Also section 99 of the criminal procedure code provides that when a person is accused of committing an offense other than an offense punishable by death or life imprisonment is entitled to bail.

 

 

It is clear that the offenses for which Darboe and co are charged are neither punishable by death nor by life imprisonment. Additionally the superior court of the Gambia came up with guidelines that a judge must consider whenever there is an application for bail by an accused person. ALBERT SAMBOU v THE STATE (Misc. Appeal No 37/2002) the court listed the factors to be considered by a Court in granting pre-trial bail as follows: (a) the nature of the offense; (b) the severity of the punishment prescribed for the offense; (c) the quality of evidence available; (d) the likelihood of the accused interfering with the investigations; (e) the likelihood of the accused repeating the offense (f) the criminal record of the accused; (g) the rate of occurrence of the offense (h) the likelihood of the accused appearing to stand trial.

 

 

All the laws are in favour of Darboe and co, yet they are still denied bail. Its simply and clear, the judge was asked not to grant them bail. This was evidence by the interview the judge had with Fatou Camara. This led the judge to recuse himself from the case and the case was assigned to another judge.

 

 

THE DEFENCE TEAM WALK OUT OF COURT

The new judge that was assigned to proceed with the case turnout to be adding and abetting the state in its quest to imprisoned Darboe and Co. she continuously and persistently denied every single application made by the defense team. She even refused to order security personnel to allow the defense team to have audience with their clients. At this point the defense team knew that something is not right. This frustrated the defense team and led to their withdrawal from the case by walking out of court.

 

 

Well what they did not know at the time and still might not know is that the judge is not only directed to refuse applications, she has met the AG in her office and even sometimes direct the DPP as to what to do or say prior to and sometimes after court sittings.

 

 

The withdrawal of the defense team has steamed out the legitimacy of the whole process. The state was not happy and the AG directed the DPP to institute contempt proceedings against the defense team. The processes were prepared but not filed. They were not filed because it would have delayed the time frame given to the state to ensure Darboe and Co are convicted. They whole process is panned to end before July 22. To be continued….

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