Wednesday, July 17, 2019

Why is detention without trial still continuing in The Gambia?


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Section 19 of the Constitution forbids detention without trial. Nobody should be under detention for more than 72 hours without being charged and taken before a court.

The Government representatives had told the Universal Periodic Review (UPR) of the UN Human Rights Commission that those who are detained without trial have the right to file a writ of habeas corpus at the high court for redress.

Imam Ousman Sawaneh of Kanifing South Mosque has relatives that took the initiative to appeal to the high court for his release. The court has ordered for his conditional or unconditional release.

The State should bring every prisoner to court if ordered by the court. We are still wondering why the order of the court is still not put into effect. Once this cannot be done, then the courts are deprived of their protection powers. Impunity thus becomes the order of the day.

This is what must be avoided in any sovereign republic where sovereignty resides in the people.

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