Gambia: 10 Years of Impunity, 10 years of injustice for the murder of Deyda HYDARA

Joint Statement 
The government of Yahya Jammeh continues to spread fear and to exercise extreme intolerance to any form of dissent in Gambia. Human rights defenders, journalists, political opponents, critics of government policy, public officials and citizens face intimidation, harassment, death threats, arbitrary arrests, incarceration, torture and other cruel, inhuman or degrading treatment, enforced disappearances and extrajudicial executions. 

The unresolved assassination of the journalist Deyda HYDARA in 2004 is an emblematic case amongst the violations perpetrated over the last 20 years. 

Deyda HYDARA (1954 - 2004), editor-in-chief and co-owner of the independent newspaper The Point, correspondent for Agence France Presse (AFP) and Reporters Without Borders (RSF), was shot dead in his car by unidentified individuals while returning from work, on 16 December 2004. Two of his colleagues who were in the same car were seriously injured. The shooting occurred three days after the enactment of a controversial law to increase the registration fee for media outlets and prison sentences for journalists convicted of defamation or sedition. Deyda HYDARA had taken a strong stance against the law. Since coming to power twenty years ago, President Yahya Jammeh has taken measures to stifle dissent and silence journalists and human rights defenders. He assented to a series of laws restricting the right to freedom of expression in 2004 and 2013, imposing longer sentences for journalists convicted of defamation, sedition and publishing false information. 

This violent repression of dissent has created a climate of fear. Journalists, human rights defenders and citizens practice self-censorship or flee the country. 

On 10 June 2014, the Economic Community of West African States (ECOWAS) Court of Justice ruled against the Gambian government for not conducting an appropriate and independent investigation in the case of Deyda HYDARA and ordered the government to pay compensation of USD 50000 to his relatives. 

The Court of Justice expressed particular concern about the failure of the Gambian authorities to provide "the results of ballistic tests on bullets and weapons seized from suspects." 

This decision of the ECOWAS Court of Justice is an important step and represents a significant development for the family of the journalist and the protection of the right to freedom of expression in West Africa, but also a victory for the Gambian people and all the journalists seeking justice for the murder of Deyda HYDARA. The Court of Justice previously condemned Gambia for the torture of journalist Musa Saidykhan in 2006 and the enforced disappearance of journalist Ebrima Manneh in 2004. 

Thus, we urge the Gambian authorities to:

·  implement the decision of ECOWAS Court of Justice and to pay damages to the family of Deyda HYDARA;

·  establish an impartial commission of inquiry to shed light on the murder of Deyda HYDARA and bring those responsible to justice in a fair trial;

·  repeal the restrictive legal provisions restricting the right to freedom of expression and of the press;

·  stop attacks and violence against people who exercise their right to freedom of expression, including journalists and human rights defenders.

Signatory organizations 
ARTICLE 19 
AFRICTIVISTES 
AMNESTY INTERNATIONAL 
APPEL 
BLOGGER.SN 
CICODEV AFRICA 
INSTITUT PANOS AFRIQUE DE L’OUEST 
LIGUE SENEGALAISE DES DROITS DE L’HOMME(LSDH) 
ONDH/RADIAB 
RADDHO 
SYNPICS 
SECTION SENEGALAISE DE LA SOCIETE INTERNATIONALE DES DROITS DE L’HOMME(SIDH) 
THE AFRICAN EDITORS’FORUM 
Y EN A MARRE

Open Letter To Yahya Jammeh

in News — by Yaya Dampha — December 16, 2014

Reporters Without Borders

15 December 2014

GAMBIA

Ten years have passed since Reporters Without Borders and Agence France-Presse correspondent Deyda Hydara was shot dead in Banjul on his way home from The Point, the newspaper he helped to found – ten years in which his murderers have not been brought to justice or even identified.

A few days before his death, he had the courage to criticize laws restricting media freedom that were being adopted by the Gambian government, whose president, Yahya Jammeh, has said he plans to rule for “a billion years.”

​

Paris, 12 December 2014

Yayha Jammeh

President of the Republic of The Gambia

Private Mail Bag

State House

Banjul, The Gambia

Subject: Reporters Without Borders calls for an end to impunity for the murderers of Deyda Hydara

Mr. President,

We are nearing the tenth anniversary of the death of Deyda Hydra. This eminent Gambian journalist and correspondent for Reporters Without Borders and the Agence France Presse, was cravenly murdered on 16 December 2004. I write to urge you to put an end to 10 long years of impunity.

On 10 June 2014, the Court of Justice of the Economic Community of West African States declared the Republic of The Gambia guilty of having violated provisions of the African Charter on Human and Peoples’ Rights as well as of the Revised Treaty of ECOWAS. The Gambia is a party to both agreements.

The Court further ruled that the Gambian government has failed to meet its obligations in not conducting a thorough investigation of the murder of Mr. Hydra. In addition, the Court found your government guilty of having contributed to his death in tolerating and causing a climate of impunity in the country.

Many member countries of the international community subsequently demanded enforcement of the Court judgement and the establishment of a United Nations mission of enquiry. The Gambian delegation responded favourably, declaring that The Gambia would welcome a UN investigation on Gambian territory. But, to date, UN investigators have not been able to enter the country.

“Anyone who wants to live in peace and freedom will be to live by toil, demonstration of high levels of discipline and tolerance for one another.” This is not a proverb, Mr. President, but a direct quote from you.

We ask you today to practice what you preach, and to respect the obligations that your country has accepted in accordance with the international agreements to which it is a signatory.

The investigation into the terrible crime of Deyda Hydara’s murder must be reopened so that impunity and arbitrariness cease to be the standard operating procedure of the Gambian government. Mr. Hydara’s family must see justice done.

Yours sincerely,

Christophe Deloire,

Secretary-General Reporters Without Borders

http://en.rsf.org/gambia-open-letter-to-yahya-jammeh-15-12-2014,47380.html

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The USA is not pushing a kind of lifestyle on The Gambia.

The US charge d'affaires, Ambassador George Staples, has clarified that the United States is not trying to foist homosexuality on The Gambia while buttressing his country's respect for The Gambia's sovereignty.

Meeting editors at his residence in Fajara on Friday afternoon, the new head of mission at the US Embassy in The Gambia was asked by The Standard editor Sainey Darboe about the recent heightening of anti-homosexuality rhetoric and criticism leveled at the US for perceived interference in the domestic affairs of The Gambia.

In reply, Ambassador Staples stated: “Here is my answer to that and I am glad you asked that question so that I can set the record straight with all of you. You have seen the statement put up by the National Security Council [of the US]. Is that statement pushing a lifestyle onto The Gambia or any other country? The answer is no. What it talked about, what we talk about, not just in The Gambia but around the world, is respect for human rights. We are not pushing a lifestyle - in this case homosexuality or anything else or saying this is how The Gambia should be and this is what Gambians should do. Not at all. We simply say there are all kinds of people in this world that have all kinds of lives and as human beings we should respect each other. I don't know of any country in the world that has brought out a law saying that people who have a certain type of lifestyle should face life imprisonment. Life in prison is what people get for murder; killing a child not for something like this [homosexuality]. And I would say that all of you in the media need to take a look at how you report this. The USA is not pushing a kind of lifestyle on The Gambia. We are pushing mutual respect, respect for human rights and a recognition that people, however they live, should be treated with dignity. That's all. If you look at the rest of the statement it is not just about the homosexual matter.

“It was about arbitrary arrests and detention. In this beautiful country where we have had a relationship going back well over a hundred years - in my wall I have a document accrediting a vice-councillor in 1881 - in this special country with such long ties of friendship, it should not be the place where people live in some cases worrying about a knock on the door late at night. And you might be taken off to jail where - forget about 72 hours - you may not be heard from again for 720 hours or for 7 years. Anything could happen. That is not the way that I know people should live and be treated. The Gambia is not a country of the former Soviet bloc. It is a free country and what we consider in many, many ways democratic and a friend of the US. If you looked at that statement it talked about arbitrary arrest and detention. We are concerned about that. We are not singling out The Gambia. We have expressed those concerns everywhere. And this is not new. This is not new news. If you look at our previous human rights reports and so forth, we have expressed these concerns many times. So take a look at our statement, take a look at our position and what we stand for in this world. And that is what it means. It is not pushing a certain kind of lifestyle”.

Reminded that the US is not practising what it preaches about human rights in other countries with the Guantanamo Bay detention centre among other violations, the veteran career diplomat averred: “Around the world, especially this week, there are reports about the senate investigations report. We are a big enough nation to recognise that we have made mistakes and to admit it publicly and to release a public report and be critcised. We are big enough to do that. Tell me another country especially in Africa willing to do that? Give me the name of a country willing to have its leadership - from the president on down - go to people and say we made mistakes, we are correcting them, we are gonna learn from them and do things differently? Where are you gonna find that? So it is not whether you have the right to criticise. If you care about human rights and human decency, then you do speak up. And even when you make mistakes, you admit it, learn from it and move on. That's pretty special and I wish one country in Africa will be that special.”

Ambassador Staples said the US government and its people are the best friends The Gambia has and that when they level criticisms against issues in The Gambia, they express them as friends. 

Courtsy of http://standard.gmhttp://standard.gm/

‘Gambia Not Doing Enough To Trace Disappeared Americanshttp:

— December 14, 2014

By Abdoulie John

Family members of the disappeared United States citizens in the Gambia are convinced that the Jammeh government is no longer ready to conduct an ‘appropriate investigation’ into the matter.

“While US State department is working with the families to shed light on their disappearance, the Gambia government is not doing enough to trace them,” Mai Badjie, wife of ‘disappeared’ Ebou Jobe, told this reporter.

Ebou Jobe and Alhagie Mamut Ceesay were reported missing since June 2013, leaving their families in total disarray and total confusion. Their continued disappearance has been brought to the attention of the world on December 4th by White House Spokeswoman. In a statement, Bernadette Meehan decried the fact that ‘the Gambia has failed to investigate’ the whereabouts of Ebou Jobe and Alhagie Ceesay.

Seventeen months later, the wife of Ebou Jobe, has decided to come forward with a shocking account of her husband’s ordeal along with his companion and friend Alhagie Mamut Ceesay.

Mai Badjie said they both boarded Brussels airlines flight from Newark (US) to Dakar (Senegal) in May 2013. “There, they travelled by car to Banjul, the Gambia,” she added. “I last spoke to him on June 23, 2013.”

She said they have both lived in the USA for more than ten years, and they resolved to go back to Gambia to do business.

“They are both chief breadwinners of their families, and their enforced disappearance continues to haunt all those left behind.”

Mai Badjie said their plight is being ignored by the Gambia government as it keeps denying that the two US citizens are in custody of the National Intelligence Agency (NIA). “We heard from reliable sources that they are there (at the NIA), but we never have contact with them. They’ve been held incommunicado.”

The tiny West African country is often spotlighted by the media for gross human rights violations. President Yahya Jammeh, who seized power in a military coup, continues to make headlines with his anti-West diatribe. His 20-year rule has been marred by summary executions, enforced disappearances, and continuous clamp down on the opposition and the media.

Ends

Gambia must repeal anti-gay law 

By Mustapha DOmar 

Jallow, the leader of the People's Progressive Party, has become the first high profile Gambian politician to call on the APRC government to repeal the recently enacted anti-gay law which prescribed up to life imprisonment for people found guilty of “aggravated homosexuality”.

The bill which was assented into law by President Jammeh on 9 October, has prompted an international outcry from human right groups and the US government.

The PPP leader said it is “serious hypocrisy” for gays to be singled out and punished on moral and religious ground in a country where people are fornicating and worshipping idols which, he argued, are equally forbidden in Islam.

OJ said the secular constitution of The Gambia has provided protection for everyone regardless of belief as long as it does not encroach on the rights of others. 

“The life sentence law against the gay people is wrong and it should be repealed immediately. I would rather leave things for God to decide and not me as He is the maker of every human being. I don't think it is appropriate us to send someone to life imprisonment because we don't like them or what they do. And I am telling Jammeh and the Gambian people that if we want to implement shari-ah law in this country, it is illegal, uncalled for and unconstitutional because this country is not an Islamic state but a secular state. Even those who go to the bush to adore their idols have the right to adore them in this country. I don't see any reason why Yahya Jammeh is making so much noise about gays in The Gambia. 

“The gays should have their rights respected as human beings. I am not saying that I support gays. It is not every time that what you support or like will happen. That is the world; every day you see things that you don't like but who makes you the referee to stand in the place of Allah and punish them? There was no law in this country before Yahya Jammeh that said that gays should be prosecuted and still people lived in peace and I have never heard of any situation in any community in this country, before 1994, where gay and straight (normal people) have problems. We are not godlier than the Americans and the British; anybody who says that is lying. With all Jammeh's condemnation of the European Union, all his major road projects are being funded by the EU. 

“To start campaigning against gays is promoting homosexulaity in The Gambia which is not a problem in this country and has never been a problem. But people have to know that lesbianism and homosexuality are as old as the human race and nobody in the world can eradicate it. Just like fornication, people are doing things that all religions condemn particularly Islam but the requirements and the punishments that the Qur'an says should be meted out to them are never done. There are people here who have wives and kids but have got children outside their marriages and this is punishable by death in Islam. But how many people in this country have been jailed or beaten for having children outside marriage?  

“So this whole issue about gays is to divert people's attention from pressing issues particularly about the serious failures and deficiencies of the Jammeh regime. This is serious hypocrisy because we have seen women here wrestling with men and that is seriously condemned by the Qur'an and why are people not talking about that? We have seen males and females who are not married being gathered in Kanilai which is also barred under shari-ah law. The Gambia is not an Islamic state; we are a secular state where every religion should have the same freedom like any other religion. People should be allowed under the secular constitution to perform, respect or be a party to any religion of their will. This has nothing to do with the government. I think we should tell Yahya Jammeh to provide people with food for them to have decent meals because a bag of rice is now not affordable to the majority of the Gambian population,” he said. 

OJ also alleged that the recent protest held in Banjul against gay rights was a “gathering funded and supported by the government in order to promote the agenda of Yahya Jammeh and not the Gambian people. The Gambian people are not interested in that protest; they are more interested in pressing issues of their lives. The hunger and starvation that has gripped this country since 1994 is historic. Just recently the UNDP has said that over 200,000 Gambians are in dire need of food aid and 80,000 of whom are suffering from malnutrition and 30,000 of the 80,000 are children who are suffering from acute malnutrition. That is what should be the agenda of Yahya Jammeh and not marching here to talk about gays.”   

Courtsy of www.standard.gm  
 

Stand Up for LGBT Gambians

Today HRC appealed to its members across the United States to take immediate action to help protect more than a dozen imprisoned Gambians, who are being jailed, without access to lawyers or the outside world, for no other reason than they are suspected of being LGBT.

Last week, HRC met with three visiting brave Gambian human rights activists.  The activists, supported by the Robert F. Kennedy Center, spoke of the dire situation in their country.

For more than two decades Gambian President Yahya Jammeh, a ruthless leader who seized power in a military coup in 1994, has systematically violated the human rights of his people with impunity. And even though homosexuality was already illegal in the Gambia, he recently signed into law a draconian measure criminalizing being gay with the possibility of life imprisonment. His targeting of LGBT people is a cynical effort to burnish his anti-Western credentials and gain support for his repressive agenda. "We will fight these vermins called homosexuals or gays the same way we are fighting malaria-causing mosquitoes, if not more aggressively,” he reportedly said earlier this year.

After the law was passed, Jammeh’s security forces immediately began detaining those they suspected of being LGBT, and torturing and ill-treating them to provide “names” of others.  The authorities are believed to have a list of some 200 more Gambians who have done nothing wrong, but are accused of being LGBT.  They are being hunted down, right now.  

There is tremendous concern for the lives and safety of those being sought, and those being held now, with the constant prospect of more arrests and detention in the immediate future. In consultation with member groups of a Washington DC-based coalition who are concerned about international LGBT issues, we have launched a campaign that is intended to put pressure on President Jammeh and his http://www.hrc.org/blogassociates, and to shine a light into the jail cells of those currently detained.

We know that President Jammeh has close connections to the United States. In fact, he owns a $3.5 million dollar home in Potomac, Maryland, and visits the US regularly. We also know that he cares about his international image and being part of the international community.  So we believe that calling him out for his actions, and making it difficult for him to move around the world freely, might have an impact.  Therefore, HRC is calling on the U.S. government urgently to restrict entry to the U.S. for him and his associates, and to freeze any assets he may be holding here. It is essential that the U.S. deliver a strong message that human rights violators will not be welcome in the US, and that they must be held accountable for their crimes.  Please join us in this action, and help protect LGBT Gambians.

Gambian Diplomats Jailed For Fraud

A gang led by Gambian diplomats who turned their London embassy into a tax-free tobacconist, cheating British taxpayer out of nearly £5 million have been jailed for 33 years.

Yusupha Bojang, 54, the deputy head of the Gambian Diplomatic Mission in Kensington, and his colleagues ordered 29 tonnes of rolling tobacco over three years.

More than half a million 50g pouches were imported at tax-free rates, which were only permissible for goods for personal use or that of the Gambian High Commission.

Much of the tobacco was sold from the embassy, but the gang failed to pay STG4.8 million in VAT and excise duty.

The racket became bigger as the gang became more confident and believed they would never be investigated, London’s Southwark Crown Court heard.

It became so “bold” the embassy in Kensington was hit with long queues of customers buying the Golden Virginia and Old Holborn tobacco.In some cases, the gang members were ordering tobacco worth more than their annual salary, and so much of it that suppliers couldn’t keep up with demand.

They pretended the tobacco was for personal use, but didn’t smoke.

Judge Michael Gledhill QC said the four diplomats “breached the trust” of the British and Gambian people.

“In any view, this was a substantial fraud on the public purse and the losers are every citizen of this country,” he said.

“Each of you say you were trying simply to help your fellow Gambians. In my judgement that is not just nonsense, it is a downright lie.

“Each of you made a substantial profit – this was your business.”

He said the fraudulent ordering was so blatant that the only conclusion to draw was that they were sure they would not be caught.

He said Bojang, a senior staff member and considered a “father figure”, was the ringleader, but all the diplomats profited from the scam.

Bojang was jailed for seven years. He was joined in the dock by first secretary Gaston Sambou, 48, who was jailed for six years.

Finance attache Ebrima John, 38, was jailed for six years and welfare officer Georgina Gomez, 29, who sobbed throughout the hearing, was sentenced to five years.

All four diplomats had earlier been found guilty of conspiracy to cheat the inland revenue.

Fellow embassy workers Veerahia Ramarajaha, 54, Audrey Leeward, 49, and Hasaintu Noah, 60, were convicted of the same offence.

Ramarajaha was also convicted of dealing, harbouring, concealing or carrying dutiable goods.

They were all jailed for three years each.

Courtesy of www.news.com.au