PK’s Beef

When the State becomes the oppressor

By PK Jarju, Worcestershire, UK

 The continuous arrest and detention of people in the Gambia should be a cause for concern to everyone. The sun hardly rise and set in the Gambia without someone being arrested and detained for prolong periods without being charged or told the reasons of their arrest.

And the fact that these frequent arrests and detentions are done by the state itself, makes it more worrying. It also raises very serious questions about what directions the Gambia, a so called ‘democratic country’ is heading under the leadership of Yahya Jammeh and his government.

This Wednesday while reading Gambian news in my school library, I saw an article in the Daily Observer captioned Ex-IGP Badjie Weeps in Court. In the story, I was saddened to read that Mr Badjie and his co-accused have been languishing incommunicado at the Mile Two Prisons since their arrest on March 2, 2010 without being charged.

Mr Badjie may not attract much sympathy from the Gambian public judging by his conduct while occupying the position of Inspector General of Police (IGP), but I will strongly defend his constitutional rights as a son of the Gambia. His long detention incommunicado at the state prison without being charged or told the reason for his arrest was criminal, unacceptable and a breach of his human rights.

Our rights and freedoms are clearly guaranteed in the 1997 Constitution of the Gambia are meant to be respected by the state without any ifs or buts. And the continuous disregards of these fundamental rights by the state is transforming our country into a tyrannical state where the regime does anything it wants. If unchecked, this will lead to a dangerous situation of complete chaos and lawlessness.

Arbitrary arrest and detention is unlawful under Gambian law. And it is very shameful to see both past and present Gambian Attorney Generals turning a blind eye at the practice.

Section 17 (1) of the 1997 Constitution states that the fundamental human rights and freedoms enshrined in Rights and this Chapter shall be respected and upheld by all organs of the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in the Gambia, and shall be enforceable by the Courts in accordance with this Constitution.

It also states in Section 17 (2) that every person in the Gambia, whatever his or her race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status, shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter, but subject to respect for the rights and freedoms of others and for the public interest.

As Gambians, the protection of our personal liberties is also guaranteed by the constitution. Section 19 (1) states that every person shall have the right to liberty and security of person. No one shall be subjected to arbitrary, arrest or detention. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law.

 It further states in Section 19 (2) that 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.

To further makes things clear, the constitution stated in Section 19 (3) that any person who is arrested or detained- (a) for the purpose of bringing him or her before a court in execution of the order of a court, or (b) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the Laws of The Gambia, and who is not released, shall be brought without undue delay before a court and, in any event, within seventy-two hours.

These rights are clearly spelt out and the fact that our government have over the years decided to completely disrespect this rights shows its total contempt to the Gambian people. What is happening in the Gambia is wrong and remaining silent about it will not make it right.

The more we remain silent just because we want to be in the good books of Jammeh, the more we are all likely to be victims either directly or indirectly. Take the case of General Lang Tombong Tamba, Ex IGP Essa (Jesus) Badjie and many others as an example.