“Operation Bulldozer” On The Balance

By Ebou Gaye

There is so much controversy surrounding the operation launched recently by President Jammeh. This contentious operation, dubbed “Operation Bulldozer”, gives our security forces the green light to shoot “armed criminals” right away and mount an investigation or ask questions later. Pros see the edict as a timely initiative and thus welcome it heartily, praising its promulgator, whereas cons view it as a dangerous, imprudent and unwarranted move.

As we all know, the security situation in The Gambia is worrisome, characterized by mysterious killings, disappearances, arson attacks and the like, many of which are unresolved. Hence, it is indisputable that concerted, earnest, undaunted and unflinching efforts should be made to remedy the situation as a matter of urgency for the betterment of all the people residing in the country, irrespective of whether they are citizens or foreigners. Security forces are duty-bound to play a pivotal role in this regard, and civilians are obliged to co-operate fully or lend helping hands to the best of their ability.

However, the method to be used in the crusade against criminals should be designed tactfully and cautiously in accordance with the principles of democracy and human rights so that it can yield dividends. A rash decision such as licensing security forces to shoot those regarded as armed criminals straight away might prove to be counterproductive. It has negative ramifications in that it can complicate matters or aggravate the situation.

Many people voice concern about the issue questioning whether our authorities are genuinely interested in weeding out criminals or reducing crime rate through the operation as they want to make us believe. Some raise objection over it arguing that there might be an ulterior motive in it and that it can be abused or used as a pretext to intimidate or eliminate opponents or perceived enemies. Can this be ruled out, given the frequent persecution of politicians and journalists in the form of arbitrary arrest and detention, incarceration and torture, coupled with the unresolved killings and disappearances under mysterious circumstance we have witnessed? With “Operation Bulldozer”, both criminals and the innocent can fall victim of shooting which may inflict serious injury on them, or even cause their death. How will we resolve the matter reasonably or satisfactorily if an innocent person is mistaken for an armed criminal and hence shot dead, or killed deliberately (with the knowledge that he is not an armed criminal) based on President Jammeh’s injunction? Will it be possible to bring the person back to life or compensate his/her loved ones in any way? Are we going to kill, imprison or fine the killer? In case he is jailed, will that do any good to the victim whose death could have been avoided in the absence of “Operation Bulldozer”? Will that conciliate, console, appease or pacify his loved ones? Will material or monetary compensation be enough to repair the damage? Should the killer or culprit be allowed to go scot-free based on the fact that he had acted on the order of his president? Undoubtedly, that would increase the anger of human rights defenders and the family members and friends of his victim. It will infuriate and enrage all those who love peace and justice. According to the operation, all armed criminals deserve gunshot or death, regardless of the type of arm they have in possession and the crime they have committed. Hence, it disregards the fact that the severity of a penalty should be determined taking into account the nature or gravity of the crime committed. Additionally, the operation presumes that all those suspected of being armed criminals are culpable. Thus, it runs counter to the principle that everybody is innocent in the eyes of the law until proven guilty. In other words, the operation precludes presumption of innocence before the establishment of guilt when dealing with people taken for armed criminals, which is unjust.

Evidently, the launching of “Operation Bulldozer” is a cause for great concern. The operation is prejudicial and irrational. Therefore, it should be reviewed or abandoned forthwith. Although I detest armed criminals and quite agree with the idea of taking drastic measures against them or handing out a very heavy penalty to them, I do not subscribe to the idea of shooting suspects or people regarded as armed criminals without ado. I recommend using teargas, spray, or rubber bullets- in some cases- to weaken those suspected of being dangerous criminals, effect arrest and then try and sentence them accordingly. We should bear in mind that life is precious and that taking lives is no fun.

On a final note, I urge those involved in the operation to make it a point of duty and work indefatigably to track down and bring to book the criminals responsible for the innumerable mysterious deaths, disappearances and arson attacks that have taken place in our country if they really mean business and want to be taken seriously. If they fail in this respect, they should be bulldozed outright like the “armed criminals” they claim they seek to crack down on under the aegis of “Operation Bulldozer”. The fact that most of those cases have remained unresolved for too long arouses suspicion in many quarters. It is interpreted as reluctance to take necessary action on the part of the authorities concerned- and most likely rightly. Sparing the perpetrators of such heinous crimes will lend credence to the suspicion of foul play. Besides, it will be seen as chasing the small fish while ignoring the big ones.

NB: This article was first published on 3 June 2012.

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Gambian Lady’s Fatal Shooting Sparks Outrage

The killing of Red Cross volunteer Ya Binta Jarju by security forces has sparked public outcry after it was revealed that security forces randomly fired in a taxi that ‘refused to stop’ at a checkpoint.

“National security should serve as a priority to protect lives and not take lives,” said in a Facebook post opposition leader Mai Ahmad Fatty of the Gambia Moral Congress (GMC).

Ya Binta Jarju was killed Saturday night by security forces at a checkpoint in Kotu, located 8 km from Banjul. Security forces claimed that the taxi she boarded refused to stop at a checkpoint. The incident comes at a time when authorities have taken steps to tighten security in the country following the December 30 abortive putsch attempt.

A joint task force comprising units of the army, the police and other enforcement agencies has been mandated to set up numerous checkpoints across the country.

“In The Gambia, the State means one man and national security represents the security of one man and his family. Notwithstanding the circumstances, the security forces should have acted with sufficient prudence and professionalism so as to avert the fatal shooting of young Red Cross volunteer, late Ya Binta Jarju,” GMC’s Fatty said.

As impunity has become the order of the day in Gambia, Mai Ahmad Fatty warned that this matter shall not be swept under the carpet. “The Gambia will never forget this, and no matter how long it takes, our citizens shall secure firm justice against all those who torture, kill or victimize our people.”

Gambia Red Cross Society (GRCS) official Lamin Gassama told this that Ya Binta Jarju’s untimely tragic death is a very big loss not only to her friends, associates and family but also deeply to the Banjul branch of the Gambia Red Cross where she served all her life as a young promising girl.

Reacting to a statement made in local media by Gambia Police spokesperson incriminating the taxi drivert, Lamin Gassama described it as very shocking. “Comments made by ASP David Kujabi, PRO of the Gambia Police Force is indeed shocking and shameful in my personal opinion speaking as an individual,” said Gassama.

He then added that warning shots goes into the air, failure to comply should target the rear wheels of the moving object for it to stop rather than blatantly shooting the vehicle by the security forces.

“I expected the PRO of the police force to say that the shooters are in police custody helping them in their investigation and not putting blames on innocent souls which only validates their lack of credibility.”

When asked whether that Gambia Red Cross Society will take the matter up with the police, Gassama has this to say: “Gambia Red Cross Society can console with the family, but cannot in anyway take the matter to any level with the authorities as she was not at the time of her death
engaged in any mission for the GRCS.”

To many analysts, the tragic incident that resulted in a loss of life this weekend is not a surprise as President Yahya Jammeh gave carte blanche to security forces to kill.

In a comment posted on his Facebook wall, Gambian blogger Pata Saidykhan re-echoed utterance made in 2012 by President Jammeh urging security personnel to ‘shoot first and ask questions later’ when dealing with armed robbers.

“When a President tells ill-trained, paranoid armed men to ‘shoot first and ask questions later’, everybody becomes an object of target practice, and any killing by the men in uniform would be ‘justified’ by the State,” said Pata Saidykhan.

Written by Abdoulie JOHN

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Brave Darsilame Alkalo Question Jurisdiction Of SIC

The Gambia is now officially a country where grey old men are persecuted for not committing any crimes and the youths standby and watch, enjoying their smart devices and arguing over sports passionately. Where is the faultline in our country’s bitter cross-road?

Young men under the command and control of President Jammeh hunt and persecute religious figures and nothing comes out of it. Young men under the directives of President Jammeh and his security, beat and torture older men and go to sleep happy, what has become of the Gambia, the smiling coast? Imam Baba Leigh was tortured, Imam Bakawsu Fofana was tortured, Oustass Ismaila Manjang was tortured, Alhaiba Hydara was tortured, Sherrif Samsideen Hydara is now in exile, Sherrif Muhideen Hydara is currently persecuted, Buyeh Touray currently persecuted, Bakawsu now is exile, Imam Baba Leigh now in exile, the list goes on.

In the interim, the embattled Alkalo of Darsilame Sangajor questions the powers of Gambia Supreme Islamic Council. In his defence during Tuesday’s court proceedings, Alkalo Buyeh asks whether, the Supreme Islamic Council now have the power to make laws and enforce it on Muslims. President Jammeh is muddling the difference between the law and mere unbinding utterances. The President is treading on dangerous waters.

Below is the Full coverage:

Darsilameh Sangajor Alkalo Buyeh Touray yesterday told the court that he was not aware that Imam Fatty and the Supreme Islamic Council had the power to make laws in The Gambia.

Alkalo Touray was continuing his defence testimony in the conspiracy and disobedience to lawful order case involving him and the Caliph General of Darsilameh Sangajor, Muhideen Hydara, before Magistrate Omar Cham of the Brikama Magistrates’ Court.

When the case was called, Chief Sub-inspector E Sarr announced his appearance for the IGP while senior defence counsel AB Gaye announced his appearance for the accused persons together with senior counsel Darboe and LK Mboge.

Senior Counsel AB Gaye told the court that the matter was for continuation of defence and they were ready to proceed.

Continuing his evidence-in-chief, the 2nd accused, Buyeh Touray, said he was not aware that Imam Fatty and the Supreme Islamic Council “have any power to make laws in The Gambia that people should pray on a particular day”.

He said he was not also aware of any law in The Gambia, “which stipulates a day that people should perform Idul Fitr”.

He said the Islamic religion states that people should pray Idul Fitr after citing the moon and in their case they cited the moon on Monday and prayed on Tuesday.

Further testifying, Buyeh Touray said he knew the badge messenger sent to them by the chief, named Seedy Gibba.

He said the badge messenger came with a message from the chief telling him that the chief said he heard that the people of Darsilameh Sangajor did not pray on Monday, and he (Buyeh) should accompanied him to the imam of the village to tell him that they should not pray on Tuesday.

They went to the imam, Malaine Hydara (who is now deceased) and the late imam referred them to Talibeh Hydara, he said.

The late Imam apart from being an imam in the village is also a Sherrif and a marabout, and when Malaine was alive, the Caliph General of Darsilameh was Muhideen Hydara.

They went to see Talibeh as directed by the late Imam Malaine, and Seedy related the message from the chief to Talibeh, he added.

Talibeh then told him that he heard Imam Fatty over the radio saying those in the provinces were excluded from it, he further told the court.

Talibeh then asked the badge messenger to give him the chief’s number, but the messenger told him that he did not have the chief’s phone number.

Talibeh said he wanted to call the chief as he heard Imam Fatty over the radio saying that “those in the provinces are excluded from it, and they are in the provinces”.

He said Seedy told them that he would find out if they were involved or not, so that they could know.

The badge messenger did not return to tell them if they were included or not, the alkalo Touray told the court.

He said they waited from 10 to 11am the next day, which was when they went to pray Idul Fitr, adding that if they had not prayed on Tuesday, they would not be able to perform their religious rites.

He said he did not hear any announcement on the radio made by Imam Fatty regarding Idul Fitr.

He said that when they prayed on Tuesday, they prayed to God and not to Imam Fatty.

He said that when it comes to the issue of religion in Darsilameh Sangajor, the imam is the head of the religion, adding that the imam at that time was Malaine Hydara, who is now deceased.

The case continues today.

Source: The Point

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Amnesty International 2014/15 Report On Gambia

Republic of the Gambia

Head of state and government: Yahya Jammeh

2014 marked 20 years since President Yahya Jammeh came to power.1 The authorities continued to repress dissent. The government continued its policy of non-co-operation with UN human rights mechanisms. Successive legislation was passed further restricting freedom of expression and increasing punitive measures against journalists. Human rights defenders and journalists continued to face imprisonment and harassment. The rights of lesbian, gay bisexual, transgender and intersex (LGBTI) people were further threatened. The year ended with an attempted coup on 30 December, leading to dozens of arrests and widespread crackdowns on media outlets.

Background

Gambia’s human rights record was assessed under the UN Universal Periodic Review (UPR) in October.2 Concerns by UN member states included Gambia’s restrictions on the right to freedom of expression, its renewed use of the death penalty, and discrimination and attacks on people on the basis of their sexual orientation and gender identity.

During their visit to Gambia in November, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture were denied access to detention centres where prisoners were believed to be at risk of torture. They described torture as a “consistent practice” in Gambia and expressed concerns about the 2012 executions and the climate of impunity.3 In August, the authorities had unilaterally postponed the visit of the Special Rapporteurs, without adequate explanation.

In January 2013, President Jammeh suspended political dialogue with the EU following the inclusion of human rights on the agenda. Although discussions resumed in July 2013, little progress was made on implementing human rights commitments. In October 2013, President Jammeh announced Gambia’s withdrawal from the Commonwealth, which was collaborating with the Gambian authorities on capacity-building initiatives for the judiciary and establishing a national human rights commission.

Freedom of expression

Successive legislation was passed in recent years restricting the right to freedom of expression.

In August 2014, the National Assembly passed the Criminal Code (Amendment) Act that introduced the charge “absconding state officials”. This could be used to target individuals who expressed dissent and chose to remain outside the country.

In July 2013, the National Assembly passed the Information and Communication (Amendment) Act, allowing for penalties of up to 15 years’ imprisonment and hefty fines for offences including: criticizing government officials online; spreading “false news” about the government or public officials; making derogatory statements against public officials; and inciting dissatisfaction or instigating violence against the government.

In May 2013, the National Assembly passed the Criminal Code (Amendment) Act, broadening the definition of various offences and imposing harsher punishments for acts of public disorder, such as “hurling abusive insults” or “singing abusive songs”, and for giving false information to a public servant. For example, the Act increased the punishment for providing false information to a public servant from six months’ to five years’ imprisonment and/or a larger fine.

Journalists

Journalists faced harassment, intimidation, arbitrary arrest and detention for carrying out their legitimate work.4

Sanna Camara was arrested on 27 June and charged with publishing false information after writing an article on human trafficking in Gambia for the Standard newspaper. He was denied access to a lawyer or his relatives. He was released on bail the next day and ordered to report to the police headquarters several times per week over several months.

Human rights defenders

Human rights defenders faced harassment, intimidation, arbitrary arrest and detention, torture and enforced disappearance. There were risks of reprisals against Gambians who sought to engage in relation to the UPR examination on Gambia and ahead of the visit of the UN Special Rapporteurs.

By the end of the year no investigation had been instigated into the unlawful arrest and torture of Imam Baba Leigh, a prominent human rights defender and Muslim cleric. He had been arrested by National Intelligence Agency (NIA) officers in December 2012 and placed in incommunicado detention. He was repeatedly tortured for publicly condemning the government’s use of the death penalty. He was released following a presidential pardon in May 2013 and subsequently left the country in fear for his safety.

Torture and other ill-treatment

Detainees were routinely tortured by law enforcement personnel as punishment and in order to force “confessions”.

Abdou Jeli Keita, an officer with the National Drug Enforcement Agency and a former journalist, was pushed into a car outside his home in Wellingara on 1 August by five men wearing civilian clothes, believed to be members of the security services. He was blindfolded and driven to an undisclosed location where he said he was detained and beaten. Abdou Jeli Keita was not charged, nor allowed access to a lawyer or his relatives. He was told by his captors that he was detained because he was suspected of publicizing information on poor prison conditions. He was released the following day.

On 18 December 2013, Amadou Sanneh, national treasurer of the opposition United Democratic Party (UDP), and two other UDP members, Alhagie Sambou Fatty and Malang Fatty, were convicted of sedition and sentenced to up to five years’ imprisonment. They were held incommunicado at the NIA headquarters for nearly a month prior to their trial in October 2013. All three alleged they were tortured to confess on national television. Alhagie Sambou Fatty and Malang Fatty had no legal representation throughout their detention and trial. The three men are prisoners of conscience.

Death penalty

In November, the Supreme Court commuted the death sentences of Lang Tombong Tamba and six others to life imprisonment. The seven men – Chief of Defence Staff Lieutenant General Lang Tombong Tamba, Brigadier General Omar Bun Mbye, Major Lamin Bo Badgie, Lieutenant Colonel Kawsu Camara, former Deputy Inspector General of Police Momodou B. Gaye, Gibril Ngorr Secka and Abdoulie Joof – were convicted of treason and sentenced to death in 2010. They had been sentenced to death for treason, contrary to the Constitution which permits the death penalty only for crimes “resulting in the death of another person”.

In a media interview in August 2013, President Jammeh justified the retention of the death penalty as being “divine law” and stated that he would not pardon anybody condemned to death. This would deny defendants’ right under international law to seek clemency.

Rights of lesbian, gay, bisexual, transgender and intersex people

At least eight people, including three women and a 17-year-old youth, were arrested by men identifying themselves as agents of the NIA and Presidential Guards between 7 and 13 November and threatened with torture because of their presumed sexual orientation. They were told that if they did not “confess” their homosexuality, including by providing the names of others, a device would be forced into their anus or vagina to “test” their sexual orientation. Such treatment would violate international law prohibiting torture and other ill-treatment. A further six women were reportedly arrested on 18 and 19 November on the same grounds.5

In August, the National Assembly passed the Criminal Code (Amendment) Act 2014 which created the crime of “aggravated homosexuality”, carrying a life sentence. The wording of the Amendment was vague, making it open to wide-ranging abuse by the authorities. Among those who could be charged with “aggravated homosexuality” were “repeat offenders” and people living with HIV who were suspected of being gay or lesbian.6

In a speech on national television in February, President Jammeh attacked LGBTI rights, stating, “We will fight these vermin called homosexuals or gays the same way we are fighting malaria-causing mosquitoes – if not more aggressively.” In May, President Jammeh threatened Gambians seeking asylum as a result of discrimination on the basis of their sexual orientation.

Impunity

The government made no progress towards implementing the judgments of the ECOWAS Court of Justice in the enforced disappearance of journalist Ebrima Manneh, the torture of journalist Musa Saidykhan and the unlawful killing of Deyda Hydara.7

https://www.amnesty.org/en/countries/africa/gambia/report-gambia/

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Jammeh Bans Gambling, Yes To Dictatorship

The Gambia Radio and Television Services last night broadcast the new banning orders placed on regular and deep rooted past time playing lotteries, betting and other gambling games in the country.

Many observers are perplexed with the new development. However, fears are growing that, President Jammeh is using his renewed isolation to appeal to countries sympathetic to such causes. Will the ban open up new frontiers of underground illegal betting and casinos controlled by mafias? Will President Jammeh himself be secretly controlling the underground betting syndicates which is now a serious international money laundry methods and crimes police by Interpol? Time definitely will tell.

With effect from today, lotteries, casinos and all forms of gambling in The Gambia are to cease operations, according to a statement from the Office of the President.

Read the full text of presidential release cullef from The Point below:

“The Government of The Gambia hereby announces that it has banned lotteries, casinos and all forms of gambling in The Gambia with effect from Monday, 2nd March 2015. All operators of these services and establishments are hereby instructed to cease operations from the effective date.

“Gambian society has been built on the foundations of promoting positive social values like thrift and integrity rather than negative ones like greed and avarice. Therefore, it is the duty of the Gambia Government to safeguard and promote the public welfare of our citizens.

“Of recent, sports betting and gambling dens have mushroomed all over the country. One often sees pupils as young as seven years of age lining at kiosks during school hours and spending their ‘lunch money’ on purchasing sports betting tickets. Also, families often go hungry because household incomes are wagered in gambling dens.

“While proponents argue that gambling and lotteries could be effective ways to raise taxes, it is clearly evident that these vices often hurt those who are poor and disadvantaged. The social and economic costs are enormous and show up in the shattered lives of individuals and their families.

“Gambians are predominantly followers of Islam and Christianity and both religions explicitly or implicitly strictly forbid adherents from engaging in gambling.

“The Gambia Government will not allow such unethical and exploitative businesses to operate in The Gambia and will vigorously take all actions to prevent the young of The Gambia from becoming a generation of compulsive and addicted gamblers.”

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UN Pressured To Act On Gambia

Amnesty international has made 17 point recommendations to United Nations members expressing concern about The Gambia’s flagrant violation of human rights. The rights group wants the country to either comply with the special rapporteur’s demands or bear the brunt for terrorising ordinary citizens.

AI felt the need to pile pressure on UN members to act fast on The Gambia for violating the special rapporteur’s mission.

At its 28th regular session, the UN Human Rights Council (HRC) will consider the report of the Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment on his visit to The Gambia. The visit was jointly undertaken by the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions from 3 to 7 November 2014.

Amnesty International commends the Special Rapporteur’s efforts in positively engaging the Gambian authorities and larger civil society. The organisation deplores the government’s decision to deny the Rapporteurs access to the Security Mile 2 Central Prisons, where death-row prisoners and others sentenced to long prison terms are held.

That decision demonstrated again the government’s blatant disregard for cooperation in the field of human rights. The Special Rapporteurs noted in their Preliminary Findings that this restriction was imposed despite the government’s written agreement to the Terms of Reference of the two mandates.

Amnesty International is concerned that the government’s unwillingness to cooperate with international monitors is a striking contradiction with The Gambia government’s own commitment made during the Universal Periodic Review (UPR) of Gambia to “continue in its endeavour to promote and protect human rights in the country”.

Amnesty International urges the HRC, its members and observer states to do the following:

Condemn the Gambian government’s blatant failure to respect the Special Rapporteurs’ Terms of Reference, thereby undermining their investigation;

To establish an investigation into the circumstances surrounding the December 2014 attempted coup and related human rights violations, including investigations into arrests and other forms of repression.

Call on Gambia to:
Constructively engage with the Special Rapporteurs and act on their recommendations without delay;

Desist from reprisals and intimidation against persons cooperating with the UN in the field of human rights;

Improve the conditions of detention in all places of detention and ensure that prisoners and detainees have access to medical care, adequate and appropriate food, hygiene and exercise;

Investigate all allegations of torture or other ill-treatment and hold to account the individuals responsible;

Ensure that information obtained under torture is not allowed in any proceedings;

Establish an independent mechanism that promptly and effectively investigates all allegations of torture or ill-treatment;

Establish a permanent moratorium on executions, with a view to abolition, commute all death sentences, and ensure that prisoners on death row enjoy fully their right to seek clemency;

Ensure that all prisoners on death row have access to their lawyers and families;

Immediately end the policy of continued harassment, intimidation, arbitrary arrest and torture of people due to their perceived sexual orientation and of human rights defenders, journalists, political activists, and their families;

Repeal legislation that restricts freedom of expression inconsistently with human rights standards, i.e. the Criminal Code (2014) amendment, the Information and Communication (amendment) Act 2013 and the Criminal Code (amendment) Act 2013;

Comply and implement expediently the judgements of the ECOWAS Court of Justice; and

Ratify human rights treaties, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol, the International Convention for the Protection of All Persons from Enforced Disappearance, and the African Charter on Democracy, Elections and Governance

For the complete article click link below:

https://www.amnesty.org/en/documents/afr27/1100/2015/en/

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Bed-ridden Tycoon Denied Family Access

NIA DG Yankuba Badjie

National spy agents have reported to have denied the detained bed-ridden tycoon access to his family.

Alh. Kebba Touray is among hundreds of people currently being detained in a country that marked 50 years of nationhood last week.

“The Golden Jubilee celebration means nothing to anyone denied due process or justice,” one man groaned in Banjul. “Independence is all about attaining freedom but we lost that freedom since 1994. Our founding fathers did not fight so their sick offspring be detained arbitrarily,” he said, referring to the case of Mr. Touray who remains illegally detained at the National Intelligence Agency headquarters in Banjul. The Banjul native tycoon has so far spent a month in state custody.

In a dramatic twist, spy agents have now denied Mr. Touray access to his family, which also violates his constitutional rights in an independent Gambia. “We have not been allowed to see him, let alone provide him food and clothing,” a close family source told Kairo News.

The Gambia government remains tight-lipped on the current wave of illegal arrest and detention, especially after the December 30th failed coup d’etat. Families of detained relatives have not been informed about the reasons. All these desperate families have been searching for answers but without success.

Mr. Touray’s family is deeply worried about the frailing health condition of a man who has been bed-ridden for six months.

This is the second time Mr. Touray is having a brush with the goverment. In 2009, he was briefly detained shortly after Lt. Gen. Lang Tombong Tamba, the former Chief of Defence Staff (CDS) of the Gambia Armed Forces (GAF), and the others were detained for attempting to dislodge President Jammeh from power. 

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