Tuesday, 17 February 2015

Abuse Reports Overshadow Gambia’s Jubilee Party

jammehThe Gambia prepared to mark its 50th year of independence, with festivities overshadowed by growing complaints over its rights record and the regime increasingly seen abroad as a pariah.
President Yahya Jammeh, who has ruled the former British colony with an iron fist since seizing power in 1994, was due to launch three months of celebrations with a parade at the national Independence Stadium.
But preparations have been clouded by growing accusations from political opponents and international rights groups of enforced disappearances, torture and the muzzling of journalists.
The anniversary comes six weeks after the presidential guard put down a bid to seize power blamed mainly on ex-servicemen from the Gambian and US armed forces while Jammeh was in Dubai.
There has since been a wave of arrests, detentions and harassment targeting family members of those suspected of involvement, relatives and right groups have said.
Gambian law enforcement agencies including the feared National Intelligence Agency (NIA) have arrested at least 30 people since the beginning of January, according to Amnesty International.
Amnesty published a report three months ago stating that Jammeh’s opponents were being subjected to daily rights violations and detailing a crackdown by authorities on the media.
“The rights to freedom of expression and assembly are seriously curtailed as the government keeps a tight control of the media and journalists and human rights defenders continue to be arbitrarily arrested, detained and subject to enforced disappearance,” it said.
Lawmakers recently passed several pieces of legislation criticised around the world for the restrictions they placed on freedom of speech.
These include an amendment to the criminal code which places harsher punishments on acts of public disorder, such as “singing abusive songs” and cross-dressing.
Opponents say Jammeh he has become increasingly paranoid, regularly sacking ministers and keeping only a tiny circle of trusted allies close to him.
After the failed coup attempt, the president reshuffled his government twice in less than two weeks, with high profile culls at the justice, foreign affairs, information, and transport ministries.
Jammeh has also faced criticism for his restrictions on gay rights, which he has attacked numerous times in public — including at the United Nations General Assembly in 2013.
He enacted a law in October creating the crime of “aggravated homosexuality” which carries a sentence of up to life imprisonment, according to Human Rights Watch (HRW).
“Naturally, Jammeh’s outlandish behaviour and penchant for self-promotion delights satirists,” Graeme Reid, the director of HRW’s gay rights programme, said in a recent commentary on the group’s website.
“But while Jammeh may be a figure of fun from afar, at home his brutal rule is no laughing matter. Few dare speak out against him, as he rules a country with one of the worst human rights records in Africa.”
Gambia, a tourism hotspot of 1.8 million people with an estimated 50,000 annual visitors from Britain alone, is planning numerous events to mark its Golden Jubilee as an independent state.
Festivities were due to kick off at 8:00 am (0800 GMT) with a parade at the national Independence Stadium in the western town of Bakau, followed later in by state banquets for high-ranking officials and foreign dignitaries.
A calendar of events to mark the milestone features youth and women’s rallies, numerous sports tournaments, a cookery contest, the state opening of the country’s new parliament building, poetry recitals and “religious entertainment”.
But while some African heads of state, including Ghana’s President John Dramani Mahama, have agreed to attend, Western dignitaries are expected to shun a country which in the last 18 months has withdrawn from the Commonwealth, severed ties with Taiwan and drawn vociferous criticism from the US over human rights.
Culled from AFP
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Coup Finds Gambia At Crossroads

 
 
halifaThe insurgency took place at a time when Gambia was at a crossroads. The Government had just requested over one billion dalasis as supplementary appropriation to the 2014 budgetary allocation of 10.2 billion dalasis. 459 million dalasis went to the Office of President to cover cost such as expenditure on national celebrations amounting to 86 million dalasis; travelling expenses were put at 186 million dalasis; hotel accommodation was put at 96 million.
The above is contained in a statement issued by the opposition People’s Democratic for Organisation, Independence and Socialism. The statement, issued by Halifa Sallah, was made public after reflections on the December 30th insurgency.
Read below the statement verbatim:
The Central Committee of PDOIS has had a briefing on all the shades of opinion expressed by the sovereign Gambian people and members of the international community on the 30th December armed insurrection and has seen the need to put its appraisal across with the hope of influencing national and international public opinion on the way forward for the Gambian people.
History teaches us that people have their diverse interests and aspirations but each situation has its realities, demands, urgencies and possibilities.  No aspiration could be realistic if it goes beyond the realm of reality, necessity and possibility. This was why we decided to analyse the circumstances which surrounded the armed attack and indicated with overwhelming thoroughness why the outcome could only be what it was.
We chose not to pass judgment and issue condemnation because of the futility of the exercise. We preferred to analyse, draw lessons and make recommendations on the realistic way forward. It is futile for us to utter condemnation because we were here in 1994 when an unconstitutional takeover of government succeeded. At that time many expressed their support for the coup. Our party leadership was offered two ministerial posts but we turned them down. We indicated that since power belongs to the sovereign people of the Gambia, we are committed to only participate in a government derived from the unalloyed consent of the people. We analysed the factors which gave rise to the 1994 coup and called on the coup makers to respect the fundamental rights and freedoms of the people, including the rights of political parties to continue to exist. We proposed the convening of a National Conference to prepare the way for the rebirth of a constitutional and democratic order based on national consensus.  Many people then accused us of being unrealistic and being idealistic.
In our view, coups are supported by many when they succeed and condemned by many when they fail. Losers are always publicly disowned by many who would have welcomed them as saviours if they had succeeded.
Therefore, we should put condemnation or endorsement aside and ask these simple questions:  After 30 years of PPP and 20 years of AFPRC/APRC rule, without power ever being transferred from one democratically elected government to another, should the Gambian people continue to be spectators of history, or should they finally take a stand and become architects of their own free, dignified and prosperous destiny? Should they wait for saviours, or should they become their own saviours?  These are fundamental questions which should exercise the minds of every Gambian. Posterity is demanding an urgent answer. Hence the national debate on these questions should begin right now. Postponing it is to pay deaf ears to the demands of destiny.
How to Put the Incident behind Us
The Gambian people are yet to receive any statement from those who took part in the insurgency. By now they should have been able to do a debriefing and give accurate information to the public. What type of government did they intend to form? What was going to be its tenure in office? What instrument did it intend to put in place to govern?
The information we have so far received is from the affidavit signed by Nicholas L Marshall, of the Federal Bureau of Investigation, and the statement issued by the Government of the Gambia.
The two sources have slightly different narrations on the insurrection.  According to the narration from Mr. Marshall’s affidavit, which is based on an interview conducted after the arrest of Papa Faal,  who has since pleaded guilty and has been granted bail, the insurgents were divided into two operational teams namely; Alpha and Bravo teams. The composition of the teams was not mentioned.The Alpha team was supposed to have attacked from the front of the statehouse, while the Bravo team was supposed to attack from the rear. This team was led by Papa Faal. According to Faal, one of his team members, Musa Sarr, was killed in an attempt to drive a car to break the state house door. Faal claimed that the two teams lost radio communication once the operation started thus causing his team to retreat. He left with the impression that all the members of the Alpha team were killed.
According to the statement issued by the Government of the Gambia, five insurgents launched their attack from the main gate of the state house. They were identified as  Former Lt. Colonel Lamin Sanneh, Capt. Njagga Jagne, Baboucarr Lowe, Modou Njie and Landing Sonko. According to them, Sanneh and Jagne were killed, Njie captured and Lowe and Sonko escaped.
The attackers from the rear gate were reported to include Papa Faal, Musa Sarr, Dawda Bojang and  Nyass.  Papa Faal and Musa Sarr are reported to have escaped, while Dawda and Alhagie Nyass are reported  to have been killed.
The FBI report quoted Papa Faal’s narration of the death of Musa Sarr, but the Government’s statement spoke about his escape.
The other names mentioned by the statement of the Government as members of the group, who were stationed at Brufut Heights, are the Interim leader Cherno Njie, Alhagie Barrow, Dawda Bojang and Mustapha Faal who is reported to have deserted the group before the operation  was launched. The same Dawda Bojang is reported to have been killed as one of the insurgents who attacked from the rear.
The Duty of the Government
The information in the public space regarding the identity of the people killed lends credibility to the need to conduct coroner’s inquest to confirm the identity of those killed as a result of the insurrection.
PDOIS calls on the Government to conduct a coroner’s inquest to establish the identities of the dead bodies. This should be followed by handing over the bodies to the families concerned for burial.
Needless to say, the key insurgents are known. To enlarge the arrests to include children, brothers and parents of alleged insurgents and to detain them beyond 72 hours amounts to a fishing expedition aimed at achieving nothing but more outcries against violation of fundamental rights and freedoms.
Lesson should be drawn from the experience of the child who was under detention for more than 72 hours despite repeated exposure. The child and another teenager were released after 43 days in detention without trial.
PDOIS would like to draw the attention of the government to section 66 Subsection 1 of the Children’s Act, which states that “it is the duty of the government of the Gambia to safeguard, protect and promote the welfare of children.”
Section 5 guarantees that the child should enjoy all the rights enshrined in the constitution including freedom from arbitrary arrest and detention.
In the same vein, it amounts to a cruel and degrading treatment by simply relying on a person’s blood ties or relation with an insurgent to put him or her under arbitrary arrest and detention.
PDOIS calls on the government not to cast its net beyond the waters of Law, reason and justice to hunt down insurgents. Its duty is to govern according to the dictates of the constitution, the law and standard democratic practice.
We call for the release of all those who are detained in connection with the insurgency who are not charged and taken before court within 72 hours before the commemoration of the 50th anniversary of the declaration of Independence.
In the same vein, the legal advisers of the government should conclude whether those who were involved in the insurgency allegedly perpetrated an act of terrorism or a coup attempt, and immediately prefer charges so that there would be no undue delay in leaving the courts to determine guilt or innocence of those charged.
Gambia at a Crossroads
The insurgency took place at a time when Gambia was at a crossroads. The Government had just requested over one billion dalasis as supplementary appropriation to the 2014 budgetary allocation of 10.2 billion dalasis.  459 million dalasis went to the Office of President to cover cost such as expenditure on national celebrations amounting to 86 million dalasis; travelling expenses were put at 186 million dalasis; hotel accommodation was put at  96 million.
This supplementary appropriation came at a time when the domestic debt of the Gambia had risen to astronomical proportions.
Any supplementary appropriation is likely to lead to the growth of the domestic debt which  already  stands at 16.75 billion dalasis, or 45 percent of GDP.
Revenue shortfalls and expenditure overruns have been a chronic fiscal illness requiring the government to give renewed promises on an annual basis to embark on fiscal discipline but to no avail.
Rise in interest payments to the tune of 1.4 billion dalasis for the first nine months of 2014 conveys a trend towards a debt driven public expenditure programme, which runs counter to the agreements made with the IMF to reduce domestic borrowing as the prime object of fiscal discipline.
Revenue Contraction or Rise in The Tax Burden
Grants have served as a major shock absorber in cushioning the impact of expenditure slippages and have augmented the volume of foreign currency which had immensely contributed to preventing a rapid decline in the value of the currency.
Needless to say, the deadlock between the EU and the government on their political dialogue, the abortion of the trip of the special Rapporteurs of the UN, and the general attitude of the government towards criticisms on the practice of detention without trial and other human rights violations, combine to weaken its capacity to attract more grants.
In the face of dimmer prospects for the requisite donor support, the economic fundamentals are also under threat. Government has recorded a 60 per cent decline in tourist arrivals for 2014/2015. Agricultural output is projected to decline by 15 per cent. The government has acknowledged that total crop production is estimated to be 292,581 metric tons of which Cereal production is estimated at 201,805 tons, representing a drop of 11 percent over last year. Government has acknowledged that compared to the five year average, total crop production has shown a decrease of 6 percent while production of cereals has dropped by 3 percent. Hence self sufficiency in food production remains a blurred vision instead of a realistic prospect and will remain so as long as the current policies persist.
Decline in tourist arrivals and crop production would impact on the foreign exchange earning capacity of the country, reduce the value of the dalasi, increase inflation and threaten the foreign reserves of the country.
It is not a surprise that as at the end of September 2014 the dalasi has depreciated against the dollar by 23.8percent, against the Euro by 17.8 and 22.1 percent against the pound sterling.
The decline in both services and agricultural production, which have been the engines of domestic growth, has given rise to a decline in the growth of GDP to 2 per cent.
High government borrowing has resulted in high interest rates and the crowding out of the private sector. This increase in domestic borrowing is not sustainable.
Hence, the Government  has indicated that it would restrict  domestic borrowing to 1 percent of GDP as at 31ST December 2015.
This could only be done without increasing taxes, or reducing public expenditure by introducing cost recovery, if public enterprises could pay dividends into the public purse. The absence of a viable public investment policy has crippled many public enterprises and has rendered them incapable of generating dividends to cushion revenue earnings   from non tax sources.
Hence, the government may try to cope by increasing taxes, reducing expenditure, or increasing cost recovery for public services.
The IMF has acknowledged the growing imbalances experienced by the Gambian economy, and is considering the possibility of  introducing a “Rapid Credit Facility” arrangement  under a programme monitored by the institution, so that the government would adopt corrective measures.
PDOIS wants to emphasise that the most the IMF could do is to assist a government to maintain balance of payment viability by restricting borrowing, restrain expenditure on public services, remove subsidies, increase cost recovery for public services,broaden the tax base and  raise taxes.  This has already started with the removal of subsidies on fuel and the increase in hospital charges.  Suffice it to say, all these measures would lead to increase in public hardship. When that happens, one should not focus on the IMFconditions, on the contrary, one should look at the policies of the government which gave birth to monitoring and supervision by a multinational agency.
We want to emphasise that corrective measures could only come when the fundamentals of the economy are altered. PDOIS would ensure that public enterprises are managed to ensure the payment of dividends into the public purse based on management contract arising from objective assessment of their potential, and administrative sanctions would be fully put in place for breach of contract by management that will be free from political interference.
There is no financial logic in allowing Social Security and Housing Finance Corporation investing hundreds of millions to purchase hotels only to lease them. This constitutes an unproductive tying of Capital to a domain which is not viable for public investment.
Furthermore, we will enhance food self sufficiency and agricultural exports by introducing a cooperative bank which will give seeds, fertiliser and appropriate  farming implements to family farms so that they would be able to engage in large scale farming for both consumption and for exports. The bank will provide secure and timely financing to ensure purchase of agricultural produce.
In addition to creating the environment for self sustaining families, we will also expand agricultural production to create self sustaining villages by encouraging the establishment of village farms, fishing ponds, eco-tourist sites, etc so that the earnings will be invested to improve village infrastructure.
We will link agricultural production with processing to generate value added goods to expand economic growth and employment. This is what the Programme for accelerated growth and employment failed to do.
PDOIS will create a Corporation that will guide banks to invest in the private sector and map out the incentives and security, which would accrue in case of foreign direct investment by corporations committed to the fulfillment of corporate responsibility to promote general welfare.
The Public Corporations would coordinate initiatives with the Gambia Chamber of Commerce and Industry so that all matters affecting the private sector such as taxes, minimum wage, interest rates and the business climate would be periodically discussed to create informed policies conducive to profitability, growth, employment and general welfare. We will not engage in any economic adventurism but would work with all stakeholders to promote pro -employment, pro- better wages and pro -general welfare policies while cushioning the productive base to be able to produce the sovereign national wealth requisite for National development and general welfare. If the Greek leaders take such a direction they are likely to succeed. If they pursue economic adventurism they are likely to fail.
PDOIS will provide better financial management by ensuring that the public is involved at all stages of the budgeting and implementation process. Social auditing will be introduced to ensure that the members of the public know what is provided for each public institution for service delivery and the media will be protected by freedom of information laws and be empowered to hold public officers accountable to the public.
PDOIS will promote efficient delivery of public services by rewarding public servants on the basis of the quantity and quality of work done which would enhance their desire to be accountable. PDOIS will strive to maintain a minimum wage which will be responsible to the bread basket adequate for survival.
On the Issue of Political stability and Liberty
PDOIS is committed to the values of a Secular Democratic Republic. Unlike the atheist or theocratic concept of the state, secularism calls for the neutrality of the state in matters of religion, philosophy and belief and imposes a duty on the executive, the legislature and the judiciary and their agents to protect the right of each to freedom to hold and practice one’s religion or hold on to a philosophy or belief without being subjected to any persecution.
Furthermore, secularism must give rise to a culture of tolerance where each citizen respects the rights of others and would have the humility never to abuse one’s right by infringing on the rights of others.
Politically, we will strive to introduce a two four year term limit and thus put an end to any need for a coup.
All Gambians in particular and human beings in general, who are on trial, in detention or at liberty, need protection of law. Hence human rights defenders and the media will be encouraged to hold state agencies and agents to account to prevent and redress the violation of rights.
We will welcome external human rights monitors as advisers to perfect our system of government to improve the quality of life of our people, and would not see them as inspectors aiming to interfere with our sovereignty. Only tyrants would feel offended for being told to treat their citizens as human beings everywhere, ought to be treated. PDOIS would build an environment which is friendly to human tights defenders.
THE WAY FORWARD
Some Gambians abroad told the international media that the armed insurrection was a by- product of a political power vacuum in the country. They presented the opposition in the Gambia as fragile and ineffective. Gambians need to interrogate this notion of the opposition before we could take any step forward.
What constitutes a strong and effective opposition? A strong and effective opposition is one that scrutinises and criticises a government and holds it to account, while putting across its alternative policies to show proof that it can provide a better leadership.
We cannot speak for other parties, but we can say without any fear of exaggeration that PDOIS is doing what a strong and effective opposition party should do.
We scrutinise and criticise every shortcoming of all the instruments and institutions of the state and practices of their agents. We also propose alternatives on how to do things better.
The hypothesis of a political vacuum does not stand the test of objective   analysis. We need to revisit this notion. To assist those who want to take an informed position on the subject in order to map out a realistic way forward, allow us to state that consciousness and organisation are the basis to effect democratic change in any country. Hence the Gambian people have to ask themselves whether there exist opposition parties whose policies are worth supporting. If so, they should not consider that party to be weak because of past elections results. What they should do is to support such  a  party  to intensify its work among the masses, to increase its support base to win elections.
Power in politics is two-fold. There is the power of ideas and the power of mass organisation. The power of ideas empowers an opposition party to have the ability to shape public opinion and further influence those who control political power to be on their guard by exposing acts of impunity.
The power of mass support empowers an opposition party to have authority to make demands that must be listened and attended to by a government before elections, and convince the undecided voters that it could replace a government whenever elections are due.
PDOIS needs the power of mass support. Even if alliance becomes necessary, only strong parties with strong mass base can form and influence successful alliances and prevent the derailing of the aspirations of the people.
Consciousness and organisation are the key instruments for change. We are moving about from village to village to sensitise and organise those who agree with us. Encourage all parties to do the same. Let us all promote the battle of policies rather than wrangling based on sentiments and prejudices. Think and own your mind. It is in that sovereign mind where the liberty of all lies. Only a person who loves freedom more than any other thing on earth could work selflessly to free a nation. Be yourself and take ownership of your country. Liberty and prosperity shall be your reward. History is waiting to record your contribution .Spectators do not become the architects of their own destiny. Only activists could take charge of their destiny and shape it to enjoy liberty, dignity and prosperity. The time has arrived. The time is now.
The End

Is NIA Deliberately Misinforming The Public?

NIA DG Yankuba Badjie
NIA DG Yankuba Badjie needs to clear the air!
It has been brought to our attention that the son and brother of Baboucarr Bai Lowe are still being detained. This however contradicted our earlier story by our Banjul correspondent that Yusupha Lowe, 13, and Pa Alieu Lowe, 19, were released from illegal detention without trial.
When this was brought to our attention, Kairo News contacted its Banjul correspondent to dig deeper into the story but what he came acrosd was startling. “What choice does a reporter have other than writing a story that has been confirmed by the family?” our reporter asked. “But the same family is again saying telling me that Yusupha and Pa Alieu have been released but haven’t arrived home.”
Kairo News contacted its security sources who provided the reasons about the controversy surrounding the story. “I suspect the story is a set up, aimed at luring Bai Lowe to call home when news of the boys’fill the air. The NIA still wants to know what Bai will tell his family. The family was asked to announce that the boys were released when they are still being illegally detained,” said a security source. “Foroyaa also published the story quoting family sources.”
Whatever the case, Kairo News correspondent will follow the story closely until he comes to the bottom of it.
We hope our readers will understand that dessimination of factual and reliable news in a dictatorship like ours is always challenging, costly and risky. Kairo News will always do its best to empower its brave army of correspondents with all the necessary tools so they producive accurate, factual and reliable information.
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Coup Suspects’ Parents Disappear

Dawda Bojang The parents of Dawda and Bakary Bojang have still not been accounted for 48 days after their arrest in Mbankam village in North Bank Region.
Essa Bojang and Fatou Sonko were arrested by police from Amdalai after their two sons have been implicated in the December 30th failed attack on State House.
Both Dawda and Bakary were former members of the Gambia Armed Forces. While Dawda is reported killed in the attack, the whereabouts of Bakary remains a mystery.
“Essa and Fatou remain missing since their arrest on January 1,” a close relative told our correspondent, begging for anonymity. “We’re tired of searching them because we have not been getting any positive results.”
The family members have since been living in agony and desperate situation. “We still don’t know why Essa Bojang and Fatou Sonko were picked up,” complained a family member. “We have been jumping from one security center but could not trace the duo.”
It is not clear whether Dawda Bojang’s close friend who was also arrested in the aftermath of the coup is still in detention. Dawda named his 18-months old son after Fafa Jallow, a childhood close friend.
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Sunday, 15 February 2015

A Senegalese Mom In Belgium Burns 3 Daughters Alive


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A 35-year-old Senegalese woman  set her three children on fire while she had their father on the phone, and made him listen as they scream to death.
“Listen to their screams…”, said an African woman to her estranged husband as she called to tell him she was burning their 3 daughters alive. Reportedly high on drugs, she locked her three daughters in their garden shed and set it on fire, forcing her husband to listen at the end of a phone.

“I can hear their screams but I will do nothing to save them.You’d better hurry but you will be too late to rescue them. They won’t survive. I will never surrender my children to you,” she reportedly said.

The husband, Hellmut Ulin, 38, a foreman on a construction site about 12 miles away, listened in sheer horror as his wife, a former prostitute of senegalese descent, Thioro Mbow taunted him on the phone as his three precious children perished in the flames.
According to UK Mirror, earlier in the day she received a legal document from her estranged husband’s lawyer demanding full custody of the children.
“I had the letter sent by a court bailiff. I wanted to give her a fright. I didn’t want her to go. I just wanted her to stop drinking and taking pills.”
The girls’ father jumped into his car and raced back to his home in Lennik, a small town near Brussels, Belgium, while phoning his sister who lives nearby to hurry round to the house.
But it was too late to save his daughters Omy, two, Abbygail, four, and Madyson, six. All he found were their charred and lifeless bodies with their mother standing near the still smoking garden shed.


Bai Lowe,s 13 Yearr Old And Brother Finally Released

The  notorious agents of National Intelligence Agency (NIA) have finally released the 13 year  old Yusupha Lowe son  and Pa Aliue Lowe a 19 year brother on Friday evening February 13 around 9pm. 

According to family sources who spoke to humra the duo surprisely returned released home and re-united with their family  after spending 43 days in detention without family access or geting food and clothings from their loved ones.The minor and his father,s younger brother  were held incommunicado by the agents of the (NIA) National Intelligence Agents since on 1 January 2015 before being release last friday 13 February. They were arrested alongside with Yusupha,s mother Jariatou Lowe the ex-wife of  Babucarr Bai Lowe a former amry warrant office class 2 of the Gambia National army.

 It  could be recalled that the trio were picked up around 3pm at Lamin village in Kombo north on first of January by members of the burtal and notorious National Intelligence Agency (NIA) operatives  who claimed to have got their orders from the Office of the President. 
Source intimated that the boys looked paled, depressed and traumatised after they returning home. Adding that the two boys are students and they have been  missing their classes, friends and members of the family for a crime they knew nothing about. "It is very disheartening to see these boys and Bai Lowe,s former wife suffering for their relations alleged involvement in the said state house attack"  a family friend observered:
It ould be recall that several family members of people alleged to have taken part in the purported state house attak in the Gambia were arrested and many of them are still not heard of. These arrests of kidnaps did not spared the son, younger brother and ex-wife of Baboucar ‘Bai’ Lowe, former Warrant Officer Class 2 of the Gambia Armed Forces (GAF)  a dissident based in Germany and purportedly said to be involved in the 30 December 2014 attack on State House.
Humra also confirmed the released of Madam Jariatou Lowe who spent 36 days in detention. She was released from the custody of the NIA detention on Thursday  February 5 2015, around 8pm.

Saturday, 14 February 2015

Senegal: Chad Ex-Dictator to Stand Trial



Court to Try Hissene Habre for Crimes Against Humanity

This case shows that it is possible for victims, with tenacity and perseverance, to bring a dictator to justice. A fair and transparent trial for Hissène Habré would now demonstrate that courts in Africa can be empowered to provide justice for African victims of crimes committed in Africa.

Reed Brody, counsel for Human Rights Watch, who has worked with Habré’s victims since 1999.

(Dakar, February 13, 2015) – The ruling on February 13, 2015, to move ahead with the trial of Hissène Habré, Chad’s former dictator, is a milestone in the long campaign to bring him to justice, Human Rights Watch said today. 


After a 19-month investigation, a four-judge panel of the Extraordinary African Chambers within the Senegalese courts found that there was sufficient evidence for Habre to face charges of crimes against humanity, war crimes, and torture. A trial is expected to get under way in Senegal in May or June.

“After so many years, Habré’s victims are now on the verge of seeing justice done for what they have endured,” said Jacqueline Moudeina, lead lawyer for the victims and president of the Chadian Association for the Promotion and Defense of Human Rights (ATPDH). “Getting Hissène Habré before a court is an enormous victory for justice.”

Habré’s trial will be the first in which a country tries the former ruler of another country for alleged human rights crimes.

Habré is accused of thousands of political killings and systematic torture during his presidency, from 1982 to 1990, when he was deposed by President Idriss Deby Itno and fled to Senegal. After a 22-year campaign by Habre’s victims, the Extraordinary African Chambers were established in February 2013 to prosecute the worst crimes during his rule. The chambers indicted Habré in July 2013 and placed him in pretrial detention.

“This case shows that it is possible for victims, with tenacity and perseverance, to bring a dictator to justice,” said Reed Brody, counsel for Human Rights Watch who has worked with Habré’s victims since 1999. “A fair and transparent trial for Hissène Habré would now demonstrate that courts in Africa can be empowered to provide justice for African victims of crimes committed in Africa.”

The decision by the four investigating judges brings to a close the pretrial investigation. During that phase, the judges carried out four missions to Chad; interviewed about 2,500 witnesses and victims; analyzed thousands of documents from Habré’s political police; seized papers and effects from Habre’s two Dakar homes; assigned experts to dissect Habré’s command structure; and uncovered mass graves.

On February 6, the chambers’ chief prosecutor, Mbacké Fall, requested that the judges commit Habré to trial on charges of crimes against humanity, war crimes, and torture, as the judges have done.

The trial will be conducted before a panel of two Senegalese judges and a non-Senegalese judge from another African Union (AU) member state, who will also serve as president of the chamber. The chambers’ statute provides for the participation of victims as civil parties, represented by counsel, and for the award of reparations.

In 2013, Prosecutor Fall sought an indictment of five other officials from Habré’s administration suspected of being responsible for international crimes. They have not been brought before the court, however. Three of the suspects are at large, while the other two, Saleh Younouss and Mahamat Djibrine, are currently standing trial in a Chadian court on similar charges, and Chad has refused to transfer them to Dakar.

Habré does not recognize the chambers’ legitimacy and, through his lawyers, has refused to participate in the proceedings. The court should continue scrupulously to respect Habré’s rights, Human Rights Watch said.

Habré’s trial will be the first use of “universal jurisdiction” on the African continent. “Universal jurisdiction” is a concept under international law that allows national courts to prosecute the most serious crimes even when committed abroad, by a foreigner and against foreign victims.

Habré’s victims greeted the news of his committal with satisfaction.

“I have been waiting more than two decades to see Hissène Habré in court,” said Clément Abaifouta, president of the Association of Victims of the Crimes of Hissène Habré’s Regime (AVCRHH), who as a political prisoner during Habré’s rule was forced to dig mass graves and bury hundreds of other detainees. “We are finally going to be able to confront our main tormentor and regain our dignity as human beings.”

Background
Habré’s one-party rule was marked by widespread atrocities, including waves of ethnic cleansing. Files of Habré’s political police, the Direction de la Documentation et de la Sécurité (DDS), which were recovered by Human Rights Watch in 2001, reveal the names of 1,208 people who were killed or died in detention, and 12,321 victims of human rights violations.

The United States and France supported Habré throughout his rule, seeing him as a bulwark against Libya’s Muammar Gaddafi. Under President Ronald Reagan, the US gave covert CIA paramilitary support to help Habré take power.   

Habré was first indicted in Senegal in 2000, but the country’s courts said that he could not be tried there, so his victims filed a case in Belgium. In September 2005, after four years of investigation, a Belgian judge indicted Habré and Belgium requested his extradition. Senegal refused to send Habré to Belgium, and spent the next three years stalling on a request from the AU. Belgium then filed a case against Senegal at the International Court of Justice (ICJ). On July 20, 2012, the court ordered Senegal to prosecute Habré “without further delay” or to extradite him.

After Macky Sall’s election as president of Senegal in April 2012, Senegal and the AU agreed on a plan to create Extraordinary African Chambers to conduct the trial within the Senegalese judicial system. The chambers can prosecute “the person or persons most responsible” for international crimes committed in Chad between June 7, 1982, and December 1, 1990.
 source; http://www.hrw.org