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Monday 5 January 2009

In Gambian, Arbitrary, Indefinite Detention without Family Access


Detention without trial has added dimension where access to family members is flatly denied. After suffering arbitrary arrest, detainees in Gambia are now being subject to tougher sanctions including and not limited to refusal to access family and friends.

State detainees in the Gambia have access to their families curtailed by authorities at various secret detention centres across the country. Many of them are simply perceived opponents of President Yahya Jammeh’s coarse ideas.


They are held incommunicado without bail, access to medical care and that of their families. Some of them are reportedly held at the notorious maximum security wing of the State Central Prison on the outskirts of Banjul, for years without charge or being informed of the reason(s) for their arrest, as required by the constitution of the Gambia.

Chief Ebrima Manneh, journalist with the Daily Observer Newspaper was arrested at the premises of his work place on 7th July, 2006. He was arrested by plain clothes men. Chief Manneh was last spotted in September, 2007 at Fatoto police station, in Eastern part of the Gambia.

The Media Foundation for West Africa has filed a suit against Gambia Government at the Community Court of Justice of West African States in Abuja, Nigeria. Government and state security agents have failed to appear during the entire course of the case. The court at the end of the case delivered judgment in favour of Chief Manneh. Government was ordered to pay US$100,000 as damages to Manneh’s family. The government is yet to comply with the order to compensate Manneh’s family. Security forces who work under directives of President Jammeh are still keeping tight lips over where Chief Manneh is and what happened to him since that fateful July 7 arrest in 2006.

Repeated appeals by Chief Manneh’s aging father, Sarjo Manneh has failed to yield success.

Momodou Lamin Nyassi, former chief of Foni Kansala, Western Gambia, Buba Sanyang and Ndongo Mboob were all arrested in April, 2006 in Bwiam. Their whereabouts has become a mystery and cause unending psychological strains to families and friends. Their families reportedly searched and visited all accessible detention centers but cannot trace the trio.

Ebou Jarju, a presidential steward at State House is reportedly detained at the police headquarters in Banjul. He was arrested in March, 2008 at Kombo Darsilami, located by the border with the Senegalese province of Cassamance. He was reportedly arrested on suspicion of wanting to poison President Jammeh after a powder was found in his possession. Sources noted that the circumstances surrounding his arrest were investigated but results do not found him guilty. Mr. Jarju is yet to be charged or informed of the reason(s) for his continued detention.

Jasaja Kujabi of Dobong, (a supposed uncle to President Jammeh), Macie Jammeh, and Haruna Jammeh, all relatives, were picked up by security agents in September, 2005. Whereabouts and wellbeing of the trio still unknown to their families.

Kebba Secka, Officer Commanding - OC of the National Intelligence Agency (NIA) at Madina-Ba Division, was arrested since 14th May, 2007. He is reportedly languishing at the maximum wing of the notorious Mile 2 prisons.

Kanyiba Kanyi a staff of the Christian Children Fund (CCF) and a staunch supporter of the United Democratic Party was also arrested on 18th September, 2006. His counsel Ousainou Darboe, leader of the opposition United Democratic Party filed a suit at the Banjul High Court for the State to produce him. The then Judge of Gambia’s High Court, Justice Monageng ordered the State to produce him. Authorities in Gambia so far failed heeding to court orders.

Detention without trial of opponents has become an integral part of state operations in Gambia, defying all policy provisions of the current government.

Gambia’s justice system is fast decaying in the hands of the people entrusted to keep custody of the country’s instruments for protecting all and sundry. Before the world comes to Gambia’s rescue, many silent sufferers would face the brunt.

In its latest report on Gambia, the International Bar Association Human Rights Institute said the rule of law is at risk in the country and that the judicial system "suffers from neglect," creating "a climate where the protection of human rights is undermined and the rule of law subverted."

It added that legal practitioners in the Gambia are currently operating under challenging conditions due to the existence of ongoing incidents of harassment and intimidation, which have created a climate of fear in the profession.

The report further said the Jammeh regime exhibits hostility and suspicion in its dealings with the legal profession which it perceives as an oppositional force, and there is currently an atmosphere of fear amongst lawyers, emanating from the attempted murder of a lawyer and several other incidents of harassment and intimidation of lawyers, that they may face serious adverse consequences as a result of their acceptance of certain causes on behalf of their clients