Gambiantamo

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Gambiantamo

The Gambia now has a Guantanamo Bay equivalent.. detention without trial without the presumption of innocence until proven guilty in a court of law!

Worst ..of all people are the hypocrites of all creed !

For so long, the so called ” human rights and rule of law”  advocates decried the APRC regime of Jammeh for often failing to respect the Constitution when it came to detention without charges over 72 hours or even charging and then detention for months or years without trial and rightly so. This was more pronounced during the military junta era of the AFPRC where at least a dozen senior security officers were detained for over 2 years as Security detainees and finally released on the eve of the coming into effect of the 1997 Constitution and the Second Republic.

Fast forward to the first democratic transition and transfer of power in our 54 years history since self governing independence in 1965, the last thing we expected is anew detention without charge or trial, and most especially not under the watch of the supposed “struggler and human rights” Minister of Justice and AG, and the bevy of Western paid for Human rights and democracy advocates…that any Gambian or any human being, can be detained over 2 years and now about to exceed the AFPRC detention of “security detainees” .

The Hon Minister of Justice and AG claims these “junglers” admitted to terrible crimes but the State lacks the “infrastructure” to try them and that sounds ludicrous and defies logic!

They confessed so take them before a duly constituted court and try them, their confessions make it easy for a judge to sentence them accordingly… [email protected][email protected]$$!

So where is the problem?
Or maybe their confessions cannot withstand scrutiny and may have been extracted under duress or torture.. not farfetched because a detained young soldier alleged that he was  tortured and grievously harmed!

That stinks because NOT WHEN WE ARE SUPPOSED TO HAVE A TRRC AND NEVER AGAIN!

WHY ARE ALL THE AUGUST BODIES AND PERSONALITIES QUIET AND INSTEAD WINING AND DINING AND IN THE SONG AND DANCE!

MANY EXHIBIT THE SAME OPPORTUNISTIC AND SYCOPHANTIC TENDENCIES THEY DID WHEN THEY QUIETLY SERVED IN HIGH POSITIONS AT THE TIME WHEN THE ALLEGED HUMAN RIGHTS ABUSES THEY NOW HYPERVENTILATE TO DENOUNCE WERE BEING COMMITTED!

None of them ever resigned and most nary a squeak, then and as now!

Vindictiveness and revenge are not justice..
We cannot care more for the dead than the living..
And we will be hypocrites and will have deserved every thing if we can continue to keep quiet because what ever is happening,  is to someone else..

Due Process and Law are not options and justice cannot be at the whims and caprices of individuals no matter how noble we believe they are…
There cannot be a legal and constitutional “no man’s land” as the laws are clear,  murder, torture are crimes and they can be tried by court martial or in civil court but not detained ad infinitum while the Minister has the luxury to gallivant the world and pontificate!
But he was not elected by the Gambian people but appointed by the President and is also accountable to the President and also the National Assembly. So unlike the AFPRC period, there is accountable structures and no one can claim fear now…at least we hope!

Power corrupts and no worse corruption and sin than hubris!

Mr President
Your Excellency

Instruct your Minister of Justice and AG to either try all detainees without charge or give them bail until he can try them ..not just abuse their human and civil rights. In fact, those we think the worst of, deserve more than any, the protection of the Law… or we are caricatures and as bad as the tyrants we disclaim!

It is Ramadan
The Month of Repentance, Forgiveness and Mercy..
It is an opportune time for reflection..
And the prerogative of mercy..
But more importantly than no one be unconstitutionally and unjustly held..
You swore on the Holy Quran before God and men, that you will uphold and defend the Constitution without fear or favor, affection or ill will and all Gambians, the good, the bad and the ugly are now your charge..
Do the right thing but better still, do the kind thing and leave vengeance to God!
Most respectfully and Ramadan Mubarak.

The Hon Minister of Justice and AG in his own words as reported in the Point Newspaper!

“Considering the nature and gravity of the crimes these junglers have admitted to, we are not yet in a position, we don’t have the infrastructure, or the human or financial resources to engage in a trial that will need international standards given the gravity of the crimes they have admitted to.”

It is more than two years since the arrest of the black cops of former president, Yahya Jammeh some of whom have admitted to carrying out some serious human rights violation including murder and torture.

But to date, the government has neither prosecuted them nor released them on bail; and this according to the justice minister is a challenge.

“In terms of the junglers, it is also a concern certainly for the government and particularly for me as the minister responsible for justice,” he said. “It’s a very difficult case simply because there are many, many layers of complications that surround the case of the junglers. These are members of the security services who have admitted to committing perhaps some of the most heinous crimes in this country.”

He said they have been given the responsibility by the Defence Ministry to handle the cases and they are looking for different options but they remain a challenge now.

“The fact is; they pose a challenge, they are the only group of people in this country to my knowledge who have been held for this long and have not been brought before a court because of the extra ordinary circumstances in which we find ourselves presently.”

http://thepoint.gm/africa/gambia/article/gambia-in-dilemma-to-try-junglers

This tacit admission of inability normally should suffice for the State or any reasonable judge to order the release of the said detainees. Remember this is not the AFPRC era and now we can see the way the so called lawyers who drafted and enforced the draconian decrees operated. What ever the Military boys did or not, or whatever President Barrow believes or not, it is the Minister of Justice and Attorney General, the Nation’s and Government Principal Legal Counsel that should advise adherence to the letter and spirit of the Constitution and the Laws, not champion delinquency.

The families or lawyers of the detainees should like Hon Omar A Jallow and many detainees, always did, challenge the continued and unconstitutional detention of their clients or loved ones.

The struggle to restore democratic and accountable government did not start in 1994 but since pre colonial and indeed colonial times, our ancestors never acquiesced to domination but fought by all means at their disposal and many kings and chiefs lost life, liberty and limb. So our struggle and story belongs to all of us… and the price of freedom is eternal vigilance.

Without fear or favor, affection or ill will, I speak out and up for what I believe,  and if I err, it is not out of malice but humanity.

May the blessings of the Holy Month of Ramadan and Yawmal Jummah be with us all.

Pa Musa Jallow

Gambia in dilemma to try junglers

Thursday, May 09, 2019

The attorney general and minister for Justice, Abubacarr Tambadou admits that it is wrong to keep junglers beyond the required detention time, but claims The Gambia does not have the infrastructure and the financial muscle to hold such international trials.

Minister Tambadou described the dilemma the government finds itself, saying it can neither let the junglers out into the society knowing they are confessed perpetrators to heinous crimes nor continue to keep them without trial.

“Considering the nature and gravity of the crimes these junglers have admitted to, we are not yet in a position, we don’t have the infrastructure, or the human or financial resources to engage in a trial that will need international standards given the gravity of the crimes they have admitted to.”

He said they are looking into other alternatives which include having them appear before the TRRC.

It is more than two years since the arrest of the black cops of former president, Yahya Jammeh some of whom have admitted to carrying out some serious human rights violation including murder and torture.

But to date, the government has neither prosecuted them nor released them on bail; and this according to the justice minister is a challenge.

“In terms of the junglers, it is also a concern certainly for the government and particularly for me as the minister responsible for justice,” he said. “It’s a very difficult case simply because there are many, many layers of complications that surround the case of the junglers. These are members of the security services who have admitted to committing perhaps some of the most heinous crimes in this country.”

He said they have been given the responsibility by the Defence Ministry to handle the cases and they are looking for different options but they remain a challenge now.

“The fact is; they pose a challenge, they are the only group of people in this country to my knowledge who have been held for this long and have not been brought before a court because of the extra ordinary circumstances in which we find ourselves presently.”

He said the ministry is caught in no man’s land, saying bringing them before a court would mean initiating a trial and given the number of junglers involved, they would struggle to begin any trial of that magnitude.

Author: Sankulleh Gibril Janko

SOURCE THE POINT NEWSPAPER

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