NIA Still Detains Bed-ridden Tycoon

Agents of the National Intelligence Agency (NIA) in Banjul are still keeping in their custody a prominent Gambian business tycoon. Alhagie Kebba Touray, who is reported to be sick and bed-ridden for six months, has been detained for 19 days, family sources told Kairo News.
Despite being allowed access to the Banjul-based businessman, Mr. Touray’s family is still searching for answers about the possible reasons for his arrest and subsequent detention. And to make matters worse, Mr. Touray is denied his constitutional right to be charged, brought before the law court within 72 hours or released from detention.
The case is not in isolation, as it happens at a time when hundreds of people – Gambians and non-Gambians – remain in detention for months and years without knowing why.
Alhagie Kebba Touray was arrested at his Tobacco Road home in Banjul on January 24th, 2015. Spy agents whisked him into their waiting van before escorting him to State House for a meeting whose details have not been made public. The NIA headquarters has become Mr. Touray’s final destination.
Mr. Touray had a brush with spy agents in 2009 when he was arrested and later released. This coincided with the arrest and detention of the former Army Chief of Defence Staff and others. He was released without charge.
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Secret Court Martial In The Gambia, Will There Justice?

Suspects/Image Provided Courtesy of Standard Newspaper

At least seven military men accused of taking part in a coup or conspiring with the attackers of the Gambia’s seat of government on December 30th last year have been appearing before a secret court martial in Fajara Barracks.
The court martial idea was contained in a directive issued by President Yahya Jammeh who had earlier instisted that “no serving Gambian soldier was involved in the failed coup d’etat.”
The soldiers being secretly court martialed are: Lt. Col. Sarjo Jarju, Capt Buba K Bojang, Capt. Buba Sanneh, Capt. Abdoulie Jobe, Lt. Ansumana Sanyang, Lt. Amadou Sowe and Private Modou Njie. 
All the accused persons, except Private Njie, were serving the Gambia National Army at the time of their unannounced arrest and detention. In fact, two of the suspects [Lt. Col. Jarju and Lt. Sanyang] were part of President Jammeh’s security detail.
Njie was captured during the failed putsch while four of the attackers, including the alleged mastermind Lt. Col. Lamin Sanneh were killed.
The court, which began sittings this week, is being presided over by a Nigerian judge. Col. Momodou Sowe, the Army Director of Policy and Planning, has been nominated as the court martial President. Col. Sowe had earlier represented the Gambia at the ECOWAS Commission in Nigeria.
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A 13 and 19 Year old Detained for over 41 Days

Detention without trial and unconstitutional arrests of people is common occurrence under the dictatorial regime of president Yahya Jammeh of the Gambia.  However, this situation have worsen since  the alleged assault on the state house of the Gambia by former state guard commander and eight others. Since then there have been mass arrests of parents, wives, brothers, sisters and associates of those said to be behind the attack at the state house. These arrests have not excluded minors as young as 13 years of age.  This is a total violation of the child rights protocols and the countries very own constitution.

 A 13 years old (Yusupha Lowe) and Pa Alieu Lowe, (19 years old) are still held for 41 days at the National Intelligence Agency (NIA) detention centre in Banjul, Humra’s investigator can report. 

According to family source the children has spent 41 days under the state custody in Banjul since their arrest by men in plain clothes who claimed to have got their orders from the Office of the President on 1 January 2015 in Lamin around 3pm. The family added that they were not allowed access to take food to them at the NIA.

However, source noted that the reason for their arrest and detention is still unknown.
It could be recalled that Jariatou Lowe was released on Thursday, February 5, 2015, after spending 36 days in detention at NIA.

They have been held for 41 days without release or taken to a court of law; adding that both are students and they are on missing their school lessons.
The young people arrested and detained at NIA are the son, younger brother and ex-wife respectively of Baboucar ‘Bai’ Lowe, former Warrant Officer Class 2 of the Gambia Armed Forces (GAF), a dissident based in Germany and purportedly involved in the 30 December 2014 attack on State House.

Ex-Minister Hospitalised Under Guard

The Gambia’s illegally detained former Minister of Finance and Economic Affairs is reported to be hospitalized at the Serekunda General Hospital, family sources corroborated.

Mr. Mambury Njie has been detained by agents of the National Intelligence Agency (NIA) for 125 days.  The Banjul native, who had earlier been acquitted and discharged by the courts, was picked up at his residence in Brusubi on October 9th, 2014. He was escorted to the NIA headquarters in Banjul, with agents offering no reasons for the arrest. The Gambia government also remains tight-lipped on his case.

Mr. Njie’s detention was reportedly ordered by the Office of the President. He was neither charged, nor brought before the courts which violates his constitutional right.

Kairo News is trying to ascertain Mr. Njie’s medical condition. His family is reportedly allowed access to him and even brought food for him. But they could not understand why secret agents remain glued to his sick bed.

It could be recalled that Justice Mikailu Abdullahi of the Special Criminal Division of the High Court in Banjul on July 3rd, 2014, acquitted and discharged Mambury Njie on two counts of economic crime and neglect of official duty.

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Barrow, Faal Granted Bail But…

The third man accused of conspiring to overthrow the Gambia government was on Wednesday granted bail by a Federal Court Judge in Minnesota.

Alagie Barrow returned to the United States only to be arrested, detained and charged with conspiring to dislodge ‘a friendly nation’ from power. He has since been in Federal custody.

Barrow’s arrest and arraignment followed those of Papa Faal and Cherno Njie. Both men were also accused of conspiring or financing the failed December 30th attack on State House, which resulted to the killing of at least four attackers.

Faal who admitted guilt is also granted bail, although with some restrictions. He is waiting for sentencing. Njie appeared briefly in Baltimore and is expected to be transferred to Minnesota.

Mr. Barrow’s attorney defended his right to bail because he would not return to the Gambia for another attack. “Who is he going back to and for what? All his colleagues have been killed and their families including those of Barrow have been arrested,” Joe Friedberg told the court, arguing that his client is neither a flight risk, nor a threat to his community.

Barrow’s bail is not without some restrictions. For instance, he must not access the internet and stay away from anyone about the failed coup.

The former National Guard is expected to reunite with his family in Tennessee, move freely and secure a job after the probation officer clears him.

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Humra Backs Joint Human Rights Press Briefings In Dakar

Free Families targeted and persecuted after failed coup d’état in the Gambia – 2/Feb/2015

Over Ten human rights organisations in Africa have today called upon the international community to take immediate action to put an end to the arbitrary detention and persecution of relatives and family members of people suspected of having taken part in the failed coup d’état in the Gambia.

ARTICLE 19, Amnesty International, Association Des Professionels De La Presse En Ligne (APPEL), Africtivistes, Conseil Des Organisations Non Gouvernementales D’appui Au Développment (CONGRAD), Pan-African Institute For Consumer Citizenship And Development (Cicodev Africa), Ligue Sénégalaise Des Droits De L’homme (LSDH), Organisation Nationale Des Droits De L’homme Au Sénégale (ONDH), The Panos Institute West Africa (IPAO), Rencontre Africaine Pour La Défense Des Droits De L’homme (RADDHO), Société Internationale Pour Les Droits De L’homme (SIDH/Sénégal), Syndicat Des Professionels De L’information Et De La Communication Du Sénégal (Synpics) and Y’en A Marre call upon the Gambian authorities to put an immediate end to secret detentions, including those of people suspected of having taken part in the failed coup d’état and their relatives and family members, to release them or to charge them in a manner consistent with international law, including that relating to a fair trial, without recourse to the death penalty and under international supervision.

President Yahya Jammeh’s regime has intensified the crackdown on any form of dissent and has increased human rights violations, with indiscriminate arrests of military personnel and civilians assumed to be relatives or family members of people suspected of having taken part in the failed coup d’état on 30 December. It has also driven several people into forced exile.

According to the information received, at least 30 people, the majority of whom are civilians and include 1 male adolescent and 7 women (mothers, a former wife and sisters) were arbitrarily arrested and have been held at secret locations for nearly a month in total violation of the Gambian constitution and the African Charter on Human and Peoples’ Rights. Held without charge, these people cannot see their family members or gain access to legal counsel.

This situation is worrying because of the intimidation and arrest threats levelled at people enquiring about the fate of the detainees.

Due to the constant threats and the widespread climate of fear, the media cannot investigate the situation of the detainees. To date, no information about the detention conditions or locations has been made public. This news blackout heightens the concerns and isolation of Gambian families and peoples.

The corpses of people killed during the attack on the presidential palace (Lamin Sanneh, Njaga Jagne, Jarja Nyass and Dawda Bojang) have not been returned to their families.

We…

Call upon the Gambian authorities:

• To put an immediate end to the secret detentions, including those of people suspected of having taken part in the failed coup d’état and their relatives and family members;
• To release these people or to charge them in a manner consistent with international law, including that relating to a fair trial, without recourse to the death penalty and under international supervision.

Call upon the African Union (AU), the African Commission on Human and Peoples’ Rights (ACHPR) and the United Nations (UN):

• To conduct an independent and transparent investigation into the human rights violations;
• To urge the Gambian government to stop all acts of intimidation and persecution aimed at creating a climate of fear and potentially increasing tension in the country.

Call upon the peoples of Senegal, the Gambia and the whole world to participate massively in:

• The digital campaign on the human rights situation in the Gambia, from 30 January to 28 February 2015, based on two major approaches: an action of solidarity with Gambian exiles in Senegal on Facebook, and an action aimed at the Senegalese authorities on Twitter. We will use #DalalAkDiam as the unique hashtag for the entire campaign.

• See more at: http://www.article19.org/resources.php/resource/37839/en/The%20Gambia:%20Families%20targeted%20and%20persecuted%20after%20failed%20coup%20d%E2%80%99%C3%A9tat%20in%20the%20Gambia#sthash.eGn3MpIT.dpuf

Humra Yaya Dampha and Suntou Touray

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Support for Gambians fleeing persecution Context of the campaign

Amnesty International Senegal is launching a tweet action today to call on the Senegalese authorities to stop restricting the right to freedom of expression of people who are fleeing persecution in Gambia and seeking asylum in Senegal. You will find the text in French and English below.

Most of the victims we interview express concerns about their safety and ability to be granted asylum status in Senegal.

If it is safe for you to do so, please take action and share this email with your contacts.

TWEETER ACTION – Support for Gambians fleeing persecution 

Context of the campaign

The human rights situation in Gambia has worsened since the failed coup on 30 December 2014. Persecution, arrests and arbitrary detentions have become more common and have been extended to include the parents, families and friends of people suspected to be involved in the attempted coup. Many of them have fled to Senegal to escape security force atrocities. For more information about the human rights situation in Gambia, see: http://www.amnesty.org/en/news/gambia-charge-or-release-family-members-alleged-failed-coup-plotters-2015-01-20. 

Senegal, where Gambians have often sought asylum in the past, is becoming increasingly reluctant to grant refugee status to Gambian nationals. The recent expulsions of refugees from the country has been discouraging news for Gambians seeking asylum even though most of the people who come to Senegal stay with relations or friends. 

The goal of this tweet action is to highlight the enduring hospitality of the Senegalese population and their willingness to welcome people fleeing from persecution. We are also calling on the Senegalese authorities not to restrict the rights and freedoms (freedom of expression, freedom of opinion) of asylum seekers.

Twitter Action towards the Senegalese authorities: how to participate

On Twitter, we are going to send a request to the highest Senegalese authorities asking them to respect and protect the rights of Gambian refugees and asylum seekers who are fleeing from persecution. We will also promote this action by extensive tweeting of the following key messages in French or English:
·        Do not restrict the right to freedom of expression of people fleeing persecution in Gambia. #DalalAkDiam
·        Cher @Macky_Sall , ne conditionnez pas l'asile accordée aux gambiens à la suspension de leur liberté d'expression  #DalalAkDiam
·        @Macky_Sall , les droits humains se détériorent en Gambie, ne conditionnez pas l'asile accordée aux gambiens à leur silence #DalalAkDiam
·        @Macky_Sall les  arrestations & détentions arbitraires se sont accentuées en #Gambie, ne conditionnez pas l'asile au silence #DalalAkDiam
·        Cher @macky_sall , des gambiens ont fui vers le Sénégal pour échapper aux exactions, ne conditionnez pas l'asile à leur silence #DalalAkDiam
·         @mackysall , le Sénégal est 1 terre d’asile pour les gambiens, ne conditionnez pas l'asile à leur silence #DalalAkDiam

Dalal Ak Diam means Welcome in Wolof.

We strongly encourage you to send your tweets to the authorities listed below:  

·        President of the National Assembly, Moustapha Niasse => @moustaphaniasse
·        President of the Republic, Macky Sall => @Macky_Sall
·        President of the Economic, Social and Environmental Council, Aminata Tall => @AminataTall
·        Foreign Affairs Minister, Mankeur Ndiaye => @MankeurNdiaye
·        Moustapha Diakhaté, president of the majority parliamentary group => @mustafaajaxate

3. Duration of the campaign
30 January to 28 February 2015.

Contact person
El hadj Abdoulaye Seck, abdoulaye.seck@amnesty.sn