Migrants Smugglers Could Face Murder Charges In Court

The Gambia Immigrations Department and its partner sister forces are ready to take on those engaging in trafficking young people in what is known as back way to Euroupe. It would be recalled that recently over 20 young Gambians are said to have lost their lives in their attempt to sail to the to Spain and several other boats carrying Gambian migrants are still missing in the waters. Many villages and towns are mourning their sons and daughtrs who took to the back way Europe through boats loaded in Kartong, Gunjur, Sanyang, Bakau and parts of the Fonis. These youths are traffick by people who are referred to as agents. Many familes paid nearly hundred thousand dalasis to these agents for sons and daughters to travel to Europe by boat. The commissioner of Irregular Migration Management Unit of The Gambia Immigration Department (GID) Foday Gassama said “the GID will be left with no option than to charge migrant smugglers with murder”. Gassama was speaking at the coastal village of Tanjeh, said: “GID will be left with no option than to charge migrant smugglers with murder if any boat should capsize at sea, or attempted murder if the boat hasn’t departed yet.”

“We are now doing everything possible in ensuring that we stop them from embarking on this perilous journey especially in controlling the area where they normally depart,” Gassama said. “But in most of the cases, when we control this area, the smugglers will then divert their operation to other areas. However, the good thing is that we have now detected all those places.” The smugglers, he went on, are the ones benefiting financially and causing the loss of lives to so many young Gambians. Babucarr Janneh, the Commissioner of Operation of the GID, calls on Gambians and non-Gambian to work closely with the GID in stamping out the menace of the back-way journey via the sea.

“Of recent, we were even informed about a possible departure of a migrant boat by a non-Gambian, which led to its interception. We are urging the public to help us with information anytime they suspect a particular movement. This will go a long way in saving lives and property,” he posited. On the interception of boats which happened at the coastal towns, GID deputy PRO Inspector Muhammad Bah said: “The interception took place in Gunjur at around 1 a.m. where 25 intended migrants who were to sail to Canary Islands were intercepted.” Preliminary investigation into the matter, Bah added, revealed that each of the intended migrants paid an amount of Twenty-five thousands dalasis (D25,000). “Among the 25 intended migrants, two of them were non-Gambians - one Ivorian national and one Sierra Leonean national, with three females as part of the 25 intended migrants,” the PRO said. The GID Operation Zero Departure which was launched recently, he added, will be patrolling the coastal areas with the objective of detecting any possible movement of migrants.

National Assembly FPAC Asked IGP To Investigate Some Institutions

The Finance and Public Accounts Committee (FPAC) has officially tasked the Inspector General of Police (IGP) to launch an investigation into some key government institutions in the country over mismanagement of Covid-19 funds and other offences. The institutions to be investigated include the Ministry of Health (MoH), the Grant Management Committee (GMC), the Gambia Tourism Board, the National Disaster Management Agency (NDMA), the Kuntaur Area Council, and the Statistical General. It would be recalled that the National Assembly resolved and made recommendations to various governmental institutions on FPAC’s report on the 2019 audited accounts of government, the Auditor General’s report on Covid-19 response, and audited financial statements of public agencies and institutions, cities, municipality and area councils from June 2022 to July 2023. Yesterday, FPAC met with the National Audit Office and the Accountant Generals Office to review response of various institutions to the lawmakers.

The Permanent Secretary at the Ministry of Health was tasked to provide missing vouchers of one million six hundred and fifty thousand dalasis to Brikama national audit and FPAC. Mr Serign Mass Jallow, of the National Audit Office, disclosed that the payment vouchers provided were photocopied and the attachment list of the relevant beneficiaries was not attached to the payment vouchers. “In addition, the payment review was raised by the AG department in respect of the transfer of funds to Brikama sub-treasury. However, the issue raised by the Brikama sub-treasury and supporting document of the onward payment of the allowances to relevant beneficiaries were not presented,” he said. The chairperson of FPAC committee, Hon Alagie S. Darboe, said the MoH had “failed to provide” the said missing vouchers, hence it should be forwarded to the IGP for investigation. The GMC was tasked to provide evidence of disbursement of three hundred and eighty-five thousand one hundred and fifty-nine dalasis to media houses. Mr Jallow revealed that they reviewed the evidences and noted five hundred and eighty-five thousand one hundred and fifty-nine dalasis was disbursed by the Gambia Press Union (GPU) to media houses. However, he added that the audit team could not confirm whether the funds were utilised by media houses as prescribed in the agreement. “There was no evidence to suggest that funds were accounted for and bank statement were not presented by beneficiary media houses; only DHK has provided its bank statement, as a result the issue remains unresolved.” The committee referred it to the IGP. Mr Mass Jallow further noted the evidence presented by NDMA “varies” between the amounts that were recorded in the cover letter. Due to this issue; “we were unable to rely on it. No evidence in relation to this difference was included in the evidence provide,” he stated. “The Payment Voucher PLP 180885, dated 29th October 2020, amounting to three million five hundred thousand dalasis relating to disaster victims was presented for their review but does not relate to Covid-19 response Shortage of delivery oil by the international commodity insurance: “In our review on the evidence presented by NDMA through the National Assembly, we noted that it was the same information that was provided to us during the audit,” he said. On evidence of delivery, he stated, the balance of fifty-three thousand seven hundred and ninety-one drums of ten-liter oil worth thirty-seven million six hundred and fifty-three thousand seven hundred dalasis was not presented. The only delivery note included in the submission was for the sixteen thousand two hundred and nine drums of ten-liter oil, he added. On the certificate of confiscation, he said the confiscation certificate was presented during the audit, thus the disposal report or certificate was not provided. Based on the evidence provided for review they noted the following issue: “The LRR confiscated report for 28 bags of rice was reproduced, not all confiscated food items were supported with a destruction certificate. Based on the issues noted, we can’t rely on the destruction report presented after the audit.” The rest of the institutions also failed to provide information they were tasked to provide thus, the FPAC decided to refer them to the IGP for investigation. Source Thepoint.gm

Ousainou Told Me He Kill 2 Police Officers

Courtsy of the Voicegambia.com Mama Jabbi a business woman and marabout Tuesday told the Banjul High Court that the first accused Ousainou Bojang had confessed to her of killing two PIU officers with third one admitted hospital. Appearing before Justice Ebrima Jaiteh as third prosecution witness Mama narrated how Bojangconfessed to her in Jululung of the alleged police shooting incident which took place on 12th September 2023 at Sukuta /Jabang Traffic Light. The witness said Ousainou Bojang met her at her compound in Jululung on a Wednesday at 2pm two months ago. Mama explained that Ousainou Bojang left the Gambia and went to Jululung garage where he met the leader of the garage and told him that he needed help because something mistakenly happened and he was directed to her Mama Jabbi’s house. Upon arrival, Mama said Ousainou alighted from the commercial motor cycle, and was quick to say that she was shocked upon seeing the accused Ousainou Bojang. “I then told my friend that this man did something and that was when Ousainou told methat I need your help with an amulet and also fare to go to Zingchoror because I killed two police officers and the other one is admitted at the hospital” she told the court. Jabbi told the court that Ousainou asked for water to perform ablution, and she gave him water and praying mat but he (Ousainou) sat on it and did not pray.

“He then told me help me my life has been destroyed and I asked him his name and address and he told me that his name is Ousainou Bojang and a resident of Brufut, then I took a picture of him and a recorded him. He said to me don’t record me on video and I told him okay I will not’’ she said. Mama further explained that Ousainou asked her to help him “but I told him that I could not help you because killing someone was too extreme.’’ I said to him wait for me then I left and called the Senegalese police and asked if they were aware of the murder that took place in Gambia, they said yes, they were aware of it and they asked me if I have his (Ousainou)’s picture and voice recorded. I responded that I have the picture and the audio with me then they asked me to share with them. Jabbi said she was told by the Senegalese police to sit and wait for them but should not allow Ousainou to know that they were coming to her (Mama’s) house. She added that they were seated when theSenegalese Police Officer came hand curved Ousainou’s hand and put him in a vehicle. “After that I called Musa Camara in the Gambia who works at Gambia Revenue Authority, then I told him that the person who killed the police officers was here with me, Musa Camara told me to wait let him call the police. later after calling the police Musa called me and told me lets meet at Jiboro, upon my arrival at Jiboro, I met with the Gambian Police and Musa Camaraand returned back with them to Jululung” she informed the court. She said upon their arrival at Jululung police station, she went and sat somewhere until when the Gambia police officers and Jululung officers finished talking, adding that the Senegalese Soldiers and the Gambia police officers together with Ousainou took a picture and put him in the Senegalese vehicle and took him to the border and the Gambia police took him from there and they continued to Gambia while she was inMusa Camara’s vehicle.The matter was adjourned to 20th November 2023 at 10am for cross- examination of PW3Mama Jabbi Courtsy of the Voicegambia.com

Baitullah Junior’s Sedition Trial

Justice Ebrima Jaiteh of Banjul High Court on Monday granted an adjournment for the state lawyers to bring the third prosecution witness (pw3) in an alleged sedition trial involving Omar Kujabi. Kujabi who is known as Baitullah Junior, with seditious intend made several WhatsApp audios calling on people to go out onto the streets and march to the State House to unlawfully remove President Adama Barrow. The charges he denied. When the case was called by the clerk yesterday for the hearing of the testimony of the third prosecution witness (pw3), the state’s lead lawyer FatoumataDrammeh told the court that they were unable to secure pw3 and she applied for the court to grant them an adjournment. But defense lawyer Lamin J Darboe, who was not opposed to the State lawyer’s application, made the court quickly adjourned the matter for today (Tuesday), for the hearing of the testimony of the third prosecution witness. It could be recalled that Omar Kujabi sometime in September and October 2022 in Kafuta Village and diverse places in the West Coast Region of the Republic of The Gambia, was alleged to have intimidated and annoyed as well as threatened to assault officers of the Police Intervention Unit (PIU), who were sent to arrest him. He is also accused of causing fear and alarm to the public through his WhatsApp and internet platforms.

Paulo Djabi drug case Set For Judgement

The High Court in Banjul presided over by Justice Achibonga will deliver judgment on the issue of jurisdiction of the drug case involving Paulo Djabi, Nadine Perira, Mamadu Neto Djabi and Secuna Djabi. It would be recalled that on 13 September 2023, the accused persons were arraigned before the Kanifing Magistrates’ Court on charges of narcotics offences, money laundering and related offences contrary to various sections of the Drug Control Act, 2003 and the Anti-money Laundering and Combating of Terrorist Financing Act, 2012. The respondents (the accused) took their plea and pleaded not guilty to all the offences charged. After plea taking, the appellant's Counsel (the State) applied for the respondents to be remanded in prison custody for want of jurisdiction to hear and determine the money laundering offences. However, the appellant's application was opposed by the respondents' counsel on the basis that the Magistrates' Courts have jurisdiction to hear and determine the offences of money laundering and consequently applied for bail on behalf of the respondents. After hearing both submissions of the counsel, the learned Principal Magistrate agreed with the position of the respondents' counsel and admitted the respondents to bail. The appellant was dissatisfied with the decisions of the Magistrates' Court and filed a notice and grounds of appeal and motion seeking for stay of execution of the bail, which was granted as prayed pending the hearing and determination of the appeal. The High Court ordered that the hearing of the appeal be expedited and records of proceedings settled within 14 days. On 1st November 2023, the High Court gave some days to the state counsel to file their brief in response to the record of appeal and within which defence counsel were instructed to file their reply within a few days. Yesterday, Counsel L. Jarjue, who appeared for the state, filed their brief of argument, stating that the subordinate courts lacked jurisdiction to interpret and determine any provision of the Anti-Money Laundering and Terrorist Financing Act, 2012, which was one of the offences the accused were charged with. Counsel L. Jarjue further argued that a higher court could interfere as the learned Magistrate had no jurisdiction and wrongly exercised his discretion judicially and judiciously in the case thus urged the court to allow the appeal and set aside the decision of the lower court in its entirety.

Defence lawyer S. Tambadou, filed their brief of appeal arguing that the fact that “the respondents are foreign nationals is not borne out by the record”, adding that “nowhere is it stated in any part of the record that the respondents are foreign nationals”. He argued that the only reason that the appellant opposed bail in the Kanifing Magistrates' Court was that the court lacked jurisdiction to try offences under the Anti-Money Laundering and Combating of Terrorist Financing Act, which was captured in the ruling of the learned Principal Magistrate. Counsel Tambadou urged the court to resolve the issue in favour of the respondents and held that the learned Principal Magistrate was right to grant bail to the accused. He further urged the court to dismiss the appeal. The presiding Judge, Justice Achibonga, adopted the briefs of both counsel and set 22 November 2023 on judgement on the issue by the lower court.

Immigrations Dept Ready to Tackle Backway Journey

The Gambia Immigration Department (GID) has vowed to end irregular migration before the end of the year as they launched ‘Operation Zero Departure’ to close down irregular immigration routes in the coastal areas. The operation was unveiled on Thursday, 9 November following the recent high seas tragedies involving many Gambian youth. ‘Operation Zero Departure’ is a nationwide operation that aims to prevent boats from leaving the Gambia. Commissioner Sulayman Kujabi said the primary target of the operation and the patrol is the human smugglers widely regarded as the ‘agents’. Commissioner Kujabi said the patrol team will conduct a 24-hour patrol, adding that the Police Intervention Unit (PIU) will support them. Kujabi stated that they would be prosecuting the smugglers. He said his office would engage in sensitization of people about the dangers of using the perilous journey to Europe, calling on the fisher folks to stop aiding the people who want to embark on the dangerous journey. Fishermen have been accused of helping in transporting migrants to their main boats that are usually stationed in the high sea. The Immigration Commissioner of Operation, BabucaarxJanneh, said they intercepted twenty-seven boats that aimed to leave the country. ‘Some boats have escaped and that led to loss of lives,’ he said.

Janneh said they have recently prevented one hundred and fifty (150) people from boarding a boat in Kartong. He added that they have also stopped dozens of youths in Sutusinja and Bonto in the West Coast Region from leaving the country. Janneh explained that the migrants use numerous waterways to leave the country. ‘They are leaving through all waterways in the country,’ he said. Commissioner Janneh urged immigration officers to patrol in groups to avoid being attacked by the migrants, adding that some of their officers were attacked by migrants in Bakau and Barra when they attempted to stop them from leaving the country. Janneh lamented that irregular migration is killing many young Gambians. ‘If we don’t stop this, we will lose the next generation of our youth,’ Janneh said. He said they are intensifying their patrols along coastal areas in a view to deter the migrants from using the coast to travel. He underscored that they have received (7) new vehicles for the patrols and the GID is striving to have effective patrols along the water. Janneh unveiled that they have one hundred (100) plain-clothes immigration officers who are gathering intelligence on all irregular migration routes. ‘We are not saying no to migration, but we are saying no to irregular migration. And it has to stop,’ he emphasised.

The Commissioner of the West Coast Region, Mariama Nyang, said the Operation will bring together the GID, the police and the Gambia Navy. She promised the operation would conduct constant patrols because the loss of the recent boat tragedy has ‘hit’ the country hard. She added that they will leave no place for irregular migrants to use because the country is losing a whole generation. She informed the press that the patrols would be informed by the intelligence gathered by their officers. She further added that the operation zero departure will cover all areas in the country, from Kartong to Koina

Barrow Reiterated Gambia’s Support For Palestine

President Adama Barrow has reiterated the Gambia’s support for Palestine as he called for an immediate unconditional ceasefire to prevent more bloodshed. “The Gambia is committed to finding political and economic solutions to creating a just, peaceful, and better world for all. Therefore, we reiterate our support for our Palestinian brothers and sisters and call for an immediate unconditional ceasefire to prevent more bloodshed,” the Gambian leader stressed as he delivered a statement at the 8th OIC Extraordinary Islamic Summit in Riyadh, Saudi Arabia. “The Palestinian people have been fighting for their rights for over seventy-five (75) years. As we speak, there is a huge loss of life and injuries to many innocent citizens, including women and children in Palestine. The massive destruction of property is unimaginable,” President Barrow bemoaned. “In our view, the best option for a peaceful settlement of this dispute is a Comprehensive Peace Accord based on the “two-state solution”, with Israel and Palestine existing as two independent sovereign states, side by side in peace, justice, and harmony. We re-echo our call to give peace a chance by demonstrating commitment, solidarity, and cooperation,” he underlined. He continued: “We call for an urgent International Peace Conference for a lasting solution to the Palestinian problem. Meanwhile, we appeal to the International Community to compel the occupying force to abide by the tenets of the peace process, International Law, International Humanitarian Law, and UN Security Council Resolutions. Long Live peace, stability, and good neighborliness between Israel and Palestine!” Meanwhile, addressing the Africa-Saudi Summit in Riyadh, President Barrow applauded the efforts made to sustain the “excellent” fraternal ties between the Kingdom of Saudi Arabia and The Gambia. “Our laudable and mutually beneficial consultative and cooperation initiatives clearly manifest this. Our shared values have cemented our relations as members of many global and regional organizations to uplift human dignity and improve our socio-economic environment. Through such networks, we continue to renew our commitment to the cause of humanity, peace, and stability. In this respect, we thank the Kingdom of Saudi Arabia for their numerous humanitarian interventions in The Gambia and invaluable contributions to the welfare of our people. In particular, we thank the Kingdom for all the funding we received through the Saudi Fund for Development to host the 15th OIC Summit in The Gambia,” the Gambian leader acknowledged. He gave Saudi Arabia the assurance that The Gambia supports the Kingdom in hosting the 2030 EXPO, expressing joy that the Kingdom has acquired the right to do so. He pointed out that the Kingdom of Saudi Arabia equally deserves to host the FIFA World Cup in 2034. “We congratulate them heartily!” he stated. “I must, at this Summit, reiterate our continued solidarity with the Kingdom to confront threats against its sovereignty and security. Also, we support their efforts to normalise relations with their neighbours. As peace-loving countries, The Gambia and Saudi Arabia share a similar vision for global peace,” the President emphasized. He commended the Kingdom for their peace endeavors in Sudan and expressed appreciation for the evacuation to Jeddah of Gambian nationals trapped in Khartoum at the outbreak of the conflict. President Barrow said that The Gambia looks forward to new openings to boost its relationship through Agreements on the Avoidance of Double Taxation and Recruitment of Public and Domestic Workers following the Air Transport Services and Bilateral Cooperation signed between the two countries, “In addition, signing a Memorandum of Understanding on Exemption of Visa for Saudi Nationals will further enhance travel and investment opportunities in The Gambia. Like the Kingdom under its “Vision 2030”, The Gambia Government is prioritising such sectors as agriculture, the digital economy, and tourism to achieve the sustainable development goals. Additionally, to attract more domestic and Foreign Direct Investments, we have legal frameworks that guarantee the protection of investments and businesses in The Gambia,” he added. The Gambian leader said hosting the Saudi-Africa and Arab-Africa Summits in Riyadh indicates the commitment to the development aspirations of Africa. “I hope the Summit will build on the foundation already laid between the Kingdom of Saudi Arabia and the continent and will take full advantage of the African Continental Free Trade Area initiative. We expect that it will also unlock the potential of millions of people to contribute to the continent’s sustainable economic development goals,” he added. He underscored that The Gambia supports the UN Resolution, calling for the unconditional ceasefire and release of all hostages. “Likewise, we call for an International Peace Conference for Comprehensive Peace to resolve the fight for a Two-State Solution, with Palestinians and Israelis living side-by-side in peace and harmony. Meanwhile, we wish our Palestinian brothers and sisters victory in their quest for Sovereignty and full Independence,” he stated.

Horrifying cases of torture and degrading treatment of Palestinian

Israeli authorities have dramatically increased their use of administrative detention, a form of arbitrary detention, of Palestinians across the occupied West Bank; extended emergency measures that facilitate inhuman and degrading treatment of prisoners; and failed to investigate incidents of torture and death in custody over the past four weeks, Amnesty International said today. Since 7 October, Israeli forces have detained more than 2,200 Palestinian men and women, according to the Palestinian Prisoners’ Club. According to Israeli human rights organization HaMoked between 1 October and 1 November, the total number of Palestinians held in administrative detention, without charge or trial, rose from 1,319 to 2,070. Testimony from released detainees and human rights lawyers, as well as video footage and images illustrate some of the forms of torture and other ill-treatment prisoners have been subjected to by Israeli forces over the past four weeks. These include severe beatings and humiliation of detainees, including by forcing them to keep their heads down, to kneel on the floor during inmate count, and to sing Israeli songs. “Over the last month we have witnessed a significant spike in Israel’s use of administrative detention – detention without charge or trial that can be renewed indefinitely – which was already at a 20-year high before the latest escalation in hostilities on 7 October. Administrative detention is one of the key tools through which Israel has enforced its system of apartheid against Palestinians. Testimonies and video evidence also point to numerous incidents of torture and other ill-treatment by Israeli forces including severe beatings and deliberate humiliation of Palestinians who are detained in dire conditions,” said Heba Morayef, Regional Director for the Middle East and North Africa.

Over the last month we have witnessed a significant spike in Israel’s use of administrative detention – detention without charge or trial that can be renewed indefinitely – which was already at a 20-year high before the latest escalation in hostilities on 7 October. Heba Morayef, Regional Director for the Middle East and North Africa “The summary killings and hostage-taking by Hamas and other armed groups on 7 October are war crimes and must be condemned as such, but Israeli authorities must not use these attacks to justify their own unlawful attacks and collective punishment of civilians in the besieged Gaza Strip and the use of torture, arbitrary detention and other violations of the rights of Palestinian prisoners. The prohibition against torture can never be suspended or derogated from, including – and especially – at times like these.” Amnesty International researchers interviewed 12 people, including six released detainees, three relatives of detainees, and three lawyers working on recent arrests. Researchers also reviewed testimonies shared by other released detainees and analysed video footage and images. Torture and humiliation Amnesty International has for decades documented widespread torture by Israeli authorities in places of detention across the West Bank. However, over the past four weeks, videos and images have been shared widely online showing gruesome scenes of Israeli soldiers beating and humiliating Palestinians while detaining them blind-folded, stripped, with their hands tied, in a particularly chilling public display of torture and humiliation of Palestinian detainees. In one image analysed by Amnesty International’s Crisis Evidence Lab, three Palestinian men, blindfolded and stripped of their clothes can be seen beside a soldier, wearing a green olive uniform like those worn by the Israeli ground forces. A Haaretz investigation published on 19 October found that the image was taken in Wadi al-Seeq, a village East of Ramallah, on 12 October. One of the three victims depicted in the photograph told Amnesty International that he had initially been held and beaten by settlers but two hours later an Israeli military jeep arrived: “One of the Israeli officers who came, approached me and kicked me on my left side, then jumped on my head with his two legs pushing my face further into the dirt and then continued kicking me as I was head down, into the dirt, with my hands tied behind my back. He then got a knife and tore all of my clothes off except for my underwear and used part of my torn clothes to blindfold me. The beating to the rest of my body did not stop, at one point he started jumping on my back – three or four times – while yelling ‘die, die you trash’ … in the end before this finally stopped, another officer urinated on my face and body while also yelling at us ‘to die’.” The beating to the rest of my body did not stop, at one point he started jumping on my back – three or four times – while yelling ‘die, die you trash’ … in the end before this finally stopped, another officer urinated on my face and body while also yelling at us ‘to die’. A victim attacked by Israeli settlers and military in East Ramallah Amnesty International also spoke to two women who were arbitrarily detained for 14 hours at a police station in occupied East Jerusalem where they were humiliated, strip-searched, mocked and asked to curse Hamas. They were later released without charges. In a video first published on social media on 31 October and analysed by Amnesty International’s Crisis Evidence Lab, nine detained men, who based on identifiable accents are Palestinian, can be seen, some stripped naked and others half-naked, blindfolded and handcuffed, surrounded by at least 12 soldiers wearing olive green uniforms and equipped with either M4A1 or Tavor X95 assault rifles. Both uniforms and weapons are standard issue equipment of the Israeli ground forces. One of the soldiers is seen kicking one of the detainees in the head. Another video analysed by Amnesty’s Crisis Evidence Lab uploaded to platform X (formerly Twitter) on 31 October shows a blindfolded person, likely Palestinian, along with an Israeli army sergeant mocking the prisoner and dancing around him. A recently released Palestinian detainee from occupied East Jerusalem, who spoke to Amnesty International on condition of anonymity, said how Israeli interrogators subjected him and other detainees at the Russian Compound (al-Maskoubiyeh), a detention center in Jerusalem, to severe beatings which left him with bruises and three broken ribs. He also highlighted how Israeli police interrogators beat them continuously on their heads yelling at them to always keep their heads down, while ordering them to “praise Israel and curse Hamas.” He added: “even when one of the 12 detainees with us in the cell did that, the beating and humiliation did not stop.” Since 7 October, according to the Israeli authorities, four Palestinian detainees have died in Israeli detention facilities in circumstances that have not yet been impartially investigated. Two of the four are workers from the occupied Gaza Strip, held incommunicado by the Israeli army in military detention centres, whose deaths were only made public by the army after an inquiry by Israeli newspaper Haaretz. Under international law, torture and other ill-treatment committed against protected persons in an occupied territory is a war crime. The detention of protected persons outside the occupied territory, as is the case of Palestinian prisoners from the OPT held in Israel, is also a violation of international humanitarian law as it amounts to forcible transfer. Inhuman and degrading treatment in prisons The Israeli Prison Service informed human rights group HaMoked that as of 1 November it is holding 6,809 Palestinian prisoners. On 31 October, the Israeli authorities extended by one month the “state of emergency in prisons” which grants Israel’s National Security Minister virtually unrestrained powers to deny sentenced prisoners access to visits by lawyers and family members; to hold detainees in overcrowded cells; to deny them outdoor exercise and to impose cruel collective punishment measures such as cutting off water and electricity for long hours, effectively allowing for the intensification of cruel and inhuman treatment of detainees, in violation of the prohibition of torture and other ill-treatment. The International Committee for the Red Cross has confirmed that Palestinian prisoners have been denied contact with their families and lawyers since 7 October. Sanaa Salameh, the wife of terminally ill Palestinian prisoner Walid Daqqah, told Amnesty International that since 7 October neither she nor Daqqah’s attorney has been allowed to see him or to receive information about his health condition. “I don’t know if he is receiving the medical care he needs; I have absolutely no contact with him, I don’t even have a scrap of information to comfort me,” she told Amnesty. Palestinian lawyer Hassan Abadi, who has been visiting at least four detainees every week since 7 October, told Amnesty International that Palestinian detainees have been denied their right to outdoor exercise and that one of the forms of humiliation to which they are subjected during inmate count is being forced to kneel on the floor. He added that Palestinians in detention have had all their personal belongings confiscated and at times burned, including books, diaries, letters, clothes, food and other items. Palestinian women prisoners in al-Damon prison have had their sanitary pads confiscated by prison authorities. According to Abadi, a client he is representing told him that when she was detained and blindfolded at Kiryat Arba police station near Hebron an officer threatened her with rape. Spike in arbitrary detention Administrative detention of Palestinians had been on the rise throughout 2023, reaching 1,319 on 1 October 2023, according to HaMoked. As of 1 November, this figure had increased to more than 2,070 Palestinians detained and held in administrative detention. Palestinians classified by Israel as “security inmates” are often held without charge or trial, mostly under administrative detention orders that can be renewed indefinitely every six months. Administrative detention is a form of detention under which individuals are detained by state authorities based on secret security grounds that the defendant and their lawyer cannot review, effectively circumventing due process guaranteed for all persons deprived of their liberty under international law. Amnesty International has found that Israel has systematically used administrative detention as a tool to persecute Palestinians, rather than as an extraordinary and selectively used preventative measure. Israeli authorities have also chosen to implement the “Unlawful Combatants” Law, a category which is not recognised by international law, to indefinitely hold without charge or trial at least 105 Palestinians from the occupied Gaza Strip, who entered Israel during the Hamas led attack on 7 October. It remains unclear how many of those are held in connection with the attacks. Israeli judicial authorities must also impartially and independently investigate complaints of torture and other ill-treatment and prosecute in fair trials those responsible for ordering and carrying out torture. Heba Morayef, Regional Director for the Middle East and North Africa Israeli authorities have also subjected thousands of Palestinians from Gaza with permits to enter Israel, mostly workers, to a third form of arbitrary detention where they were held incommunicado for at least three weeks on two military detention bases in Israel and the West Bank. Many were released, however, there is no transparency from Israeli authorities around how many are still detained. “Israeli authorities must immediately reverse the inhumane emergency measures imposed on Palestinian prisoners and grant them immediate access to their lawyers and families. All Palestinians arbitrarily detained must be released. We urge Israel to allow the International Committee of the Red Cross to conduct urgent visits to prisons and detention facilities and to monitor conditions for Palestinian detainees,” said Heba Morayef. “Israeli judicial authorities must also impartially and independently investigate complaints of torture and other ill-treatment and prosecute in fair trials those responsible for ordering and carrying out torture.

Over 2 Dozens Boats Destined For Europe Intercepted

The deputy Public Relations Officer of The Gambia Immigration Department (GID) has disclosed that ‘so far’ their personnel have intercepted 27 boats at various locations in the country that were about to depart for Canary Islands through irregular means. Inspector Muhammed Bah made this disclosure on Thursday during the launch of their new initiative dubbed ‘Operation Zero Departure’, a campaign meant to discourage and deter migration through clandestine means. From the figure on the number of interceptions made, it appears that more people are attempting to embark on the journey with shifts in departure points using ‘Bolongs’ and small hideouts rivers. This operation comes as the coastal community of Bakau and the nation at large mourn the recent loss of loved ones who perished at high sea while trying to cross the Atlantic Ocean to Canary Islands in Spain. Going further, Bah meanwhile acknowledged the support of their partners both nationally and internationally, notably IOM, EU and The Gambia Red Cross Society, in their fight against irregular migration. “They’ve really made tremendous efforts during our inceptions, although there were some who were able to escape as seen in the last unfortunate incidents, which claimed many lives,” he said. Inspector Bah maintained that they have launched this new operation with the ultimate objective to deter departure or irregular migration from the country. He thus called on all to cooperate with their personnel during the operation as they are responding to a national call to save lives and properties.

Ex-Finance Director Capitalized On Broken System

The former CEO of Basse Area Council (BsAC), OusmanTouray, has agreed that the former BsAC finance director LaminSuso capitalized on a broken system that he found at the BsAC. He made this admission at the Local Government Commission of Inquiry on Wednesday when the commission’s deputy lead counsel Patrick Gomez put it to him that the non-adherence to procurement rules and other rules was a problem at BsAC before the arrival of Suso as finance director. However, the former CEO said the council’s problem was compounded in 2021 after the assumption of the finance director role by Suso. The witness said he could recall a D2M subvention from the government, adding that he[ex-CEO] received D100,000 from the money that he later paid. He said the council’s cashier Ndabah Krubally also received D300,000 from the subvention. He disagreed with the council’s former finance director that he[Suso] spent the D100,000 to pay salaries. “Lamin Suso told us that he had a problem and we gave him the D100,000 as a loan. It was not a refund for any pre-financing,” Touray stated. Touray testified that Suso tried to convince him to withdraw the money that the government subvented the council and share it among themselves. “Lamin Suso told me that when he was working at the BrikamaArea Council, they used to share the subvention,” he added. Touray said Suso used to refer to him as a man who does not want anything and doesn’t want anyone to have something. This, Touray added, was due to his refusal to share the money as suggested by Suso. He told the commission that Suso was given the D100,000 loan from the subvention as he wanted to settle personal liabilities. Still testifying, Touray said the D300,000 given to NdabahKrubally was meant for the settlement of the council’s liability to Supersonics Microfinance. When asked if payment was made to the Supersonics, Tourayreplied that he could not confirm but said he believed the money was paid to the micro-finance institution. Chairperson Jainaba Bah interjected at this point and asked the witness whether due process was followed at the time of giving Suso the D100,000 loan. Touray responded that due process was not followed. The auditors noted that the Basse Area Council was taking loans from different banks without approval from the general council and the Ministry of Regional Government. The former CEO said he used to make the decisions together with the former Chairman (Foday Danjo) and former finance director (LaminSuso). Touray said the loans were used to pay salaries but when asked to provide evidence, he said he could not. When put to him that the loans were illegally obtained, Tourayresponded that the loans were obtained in an emergency as salary payments were already due. He was further asked to corroborate his claim but to no avail. However, the commission’s chairperson referred the witness to the Financial Manual on how to obtain loans in the name of the council, and the witness admitted to wrongdoing. “For me, there was no case of emergency,” counsel Gomez said. “Yes, you are right,” the witness agreed. He said the former director of finance [Lamin Suso] was making unauthorized withdrawals, citing an instance where he withdrew D141,000 from the council’s account at Vista Bank’s Brikamabranch.

Damning Evidence Against Sanna Fadera Ringleader of The Coup Plotters

This article is authored by Kemeseng Sanneh

Many are wondering why Justice Basiru V.P. Mahoney freed all the accused persons and only convicted the ringleader, this story has answers to your question as it seeks to explain the judgment. In the early hours of 20 December 2022, the Gambia was greeted with a foiled coup attempt announced by the Gambia Government. On 29 December, the Gambia Government organised a press briefing informing the public of a foiled coup attempt and said they have apprehended the people involved. In January 2023, a case of treason, inciting mutiny and concealment of treason was filed by the State (prosecution) against five (5) junior soldiers and a policeman with allegation they had prepared or endeavoured to overthrow the Government of The Gambia by unlawful means. The accused persons were (Lance Corporal) SannaFadera, (Sergeant) GibrilDarboe, (Corporal) EbrimaSannoh, (Corporal) Omar Njie, and (Sub-Inspector) FabakaryJawara – the only policeman in this trial. The charges were two counts of treason, two counts of concealment of treason and incitement to mutiny. 

All the Accused Persons pleaded not guilty to the charges and the State (Prosecution) was called upon to prove their case. Justice Mahoney said the criminal offences of treason and concealment of treason are serious in nature which attracts the most severe punishments, particularly death in certain circumstances and life imprisonment in other circumstances. After calling eight witnesses, the prosecutions closed their case and each of the accused persons gave evidence in defence. At the closure of the prosecution’s case, Corporal Omar Njie made a ‘no case submission’ and succeeded as he was acquitted and discharged by the court. 

 LAWYERS’ ARGUMENTS 

The Prosecution filed written brief on 9 August 2023, arguing that they have proven their case beyond reasonable doubt to enable the court to convict and sentence the accused persons. The Prosecution submitted that they had proved that the Accused Persons prepared and endeavoured to overthrow the Government of The Gambia. They argued that the evidence is corroborated by other witnesses, the telephone printouts and the operational plan. They also argued that similarly, the counts of concealment of treason have been proved. 

Counsel for Sanna Fadera and Fabakary Trawally filed their brief on 12 September 2023. They also argued on the issue of whether the Prosecution has proven their case beyond reasonable doubt. They referred to the evidence of PW1 (Corporal Barra Touray) arguing that his evidence was contradictory and that although PW2 (YayaManjang) corroborated the evidence of Barra Touray, none of the witnesses corroborated each other. And further that conspiracy having not been proved, both the substantive offence in Count 1 and the conspiracy in Count 2 were bound to fail. Counsel for Gibril Darboe filed his brief on 11 September 2023 in which he argued that the testimonies of the prosecution witnesses were based on hearsay to the extent that no reasonable court could convict on it. Counsel’s main argument was that the Prosecution had failed to prove the offences beyond reasonable doubt. Counsel for Ebrima Sannoh filed his brief on 14 September 2023 in which he argued two issues. One was whether the elements of the offences have been proven beyond reasonable doubt and whether the State has discharged the burden of proof. Counsel argued that Ebrima Sannoh’s telephone number did not appear on the telephone printout of the 1st Accused (SannaFadera) which debunks the prosecution’s case that he communicated with Sanna Fadera. Counsel also argued that the witnesses who mentioned Ebrima Sannoh never properly identified him and that the standard and burden of proof had not been discharged. 

Justice Mahoney said that based on the law and facts of the case and the addresses of Counsels, the issue to be determined is whether the Prosecution has proved the offences in the counts beyond reasonable doubt based on the evidence and the law.

The Judge mentioned that Section 38 of the Criminal Code provides that a person charged under sections 35 (Treason), 36 (Concealment of Treason) or 37 (Spying) of the Criminal Code shall not be convicted on the uncorroborated testimony of one witness. 

“It is therefore imperative that in proving the commission of the offences beyond reasonable doubt, that there is corroborative evidence to support the primary evidence for each of the offences under Section 35 and 36 of the Criminal Code.” Section 179 of the Evidence Act defines corroboration as follows: “Corroboration consists of independent evidence from which a reasonable inference can be drawn which confirms in some material particular the evidence to be corroborated and connects the relevant person with the offence, claim or defence.” 

Justice Mahoney relied on the decision in Lang TombongTamba vs The State & the decision in Sarjo Fofana vs The State, Criminal to say “the corroborating evidence must be independent” and “the corroborating evidence must confirm or support in some material particular the evidence to be corroborated.” TESTIMONIES OF ACCOMPLICES The Judge held that most of the prosecution witnesses were accomplices to the case. 

On the applicability of the testimony of an accomplice, Justice Mahoney said while it is clear that an accomplice is a competent witness, it may be dangerous to act on such evidence alone as the evidence of an accomplice might have its purpose to serve. “I am of the view that an accomplice is a tainted witness. The evidence is admissible, but must be treated with caution,” he said. He said an accomplice is generally a partner of the accused person in the commission of the crime with which the accused is charged. He explained that prosecuting authorities often have to resort to the use of accomplices as witnesses in situations where it would be otherwise difficult to prove the case. “Under the Evidence Act therefore, once a witness is determined/ identified as an accomplice the court should not convict the accused on the uncorroborated evidence of that accomplice. Unless it warns itself on the record that it recognises the danger of doing so,” Mahoney said. Justice Mahoney stated that one accomplice cannot corroborate another accomplice. “It does not matter how many witnesses the prosecution calls, if they are all accomplices they cannot corroborate each other,” Mahoney said. 

Identifying the Accomplices Prosecution Witness One, Barra Touray, testified that he was told by the 1st Accused Person (SannaFadera) that he wanted to overthrow the Government and in subsequent conversations with Fadera he asked for the operational plan. Touray said he was informed of the 18 December 2022 meeting and that the meeting was successful. He was arrested in connection with the alleged coup, charged and the charges were later dropped. He was then placed in protective custody until he testified. He confirmed that initially, he told the police he didn’t know anything about the coup plot, he wrote two to three statements – the last one two days before he was discharged. 

“On these facts, it is glaring that PW1 (Barry Touray) was an accomplice. He had knowledge of the alleged coup and did nothing about it. He was an accessory before the fact in that he aided and abetted the principal – the 1st Accused (SannaFadera) to commit the alleged offence,” Mahoney said. Justice Mahoney said Barra Touray’s admissions that he initially did not cooperate with the investigation and wrote two or three statements coupled with the fact that he was placed under protective custody; raises alarm bells as to his credibility and the risk of his evidence having its purpose to serve being a tainted witness. “His evidence must be treated with the utmost caution,” Mahoney said. 

Prosecution Witness 2, Yaya Manjang, said he was approached by Mustapha Jabbi and the 5th Accused (FabakaryJawara) about the latter’s nephew (SannaFadera) wanting to make a coup d’état. He told them what charity to give out, and referred them to a marabout in Mauritania. “He also knew about the alleged coup and did nothing about it. He aided and abetted the principal to commit the alleged offence. He also was arrested, detained and released over a period of several days. On the facts, he is also an accomplice,” Mahoney said.

Prosecution witness 3, Captain Mamat Jobe, said he was informed by 1 Accused (SannaFadera) of his intention to overthrow the Government. He was shown an operational plan. He said he was on study leave and would not do anything to hamper it. He said it was the following day after 1st Accused told him of the alleged coup that he reported to Major Lamin Njie. From there, he kept on pursuing his superiors about the alleged coup resulting in the meeting of Majors Lamin Njie and Alagie Njie and the military intelligence officer when they called the 1st Accused. Subsequently, he and his superiors reported to Defence Headquarters and ultimately when he ran out of patience, he reported to the State Intelligence Services. “On the facts, although Mamat Jobe knew about the alleged coup, and may have abetted the principal, his intention was to foil the coup and thus lacked the mensrea for the offences. He is not an accomplice,” Mahoney said. Prosecution witness 4, Mustapha Jabbi, often referred to as the driver, said he was introduced to 1st Accused (SannaFadera) by the 5th Accused (FabakaryJawara) as the person wanting to overthrow the Government. He said he took Sanna Fadera to wash in the bush: he took Fabakary Jawara to marabout for Sanna Fadera, he contacted his uncle to help with the marabout in Mauritania and he drove the accused persons to Kafuta for a meeting. “He was involved in the alleged coup, he aided and abetted the principal and did not do anything about the alleged coup. He was arrested, detained, charged and later discharged. He initially denied involvement during investigations with the police. He was put under protective custody. On the facts Mustapha Jabbi is an accomplice,” Mahoney said. Prosecution witnesses 5 and 6 are police officers involved with the investigation. Prosecution witness 7, Karamo Jatta, a soldier said he met the 1st Accused (SannaFadera) in Farafenni where the latter told him about the coup being ready. That he had 200 jujus and asked him to mobilise men. He was shown the operational plan and took photos of it. On 18 December 2022 he joined the Accused persons (excluding Fabakary Jawara) at the alleged meeting in Kafuta and witnessed the details of the alleged planned coup. He, however, said he wasn’t going to be a part of it. He said he reported it to the higher authorities on 12 December 2022. “There is ample evidence that he was part and parcel of the alleged coup. The only issue is his intention. But, what evidence is there that he reported the issue to higher authorities and which higher authorities?” Mahoney asked. Mahoney said the police witnesse (PW6) in the case said he came across Karamo Jatta’s name when he was analysing the call logs. PW6 said Karamo Jatta was invited and interviewed and his telephone was recovered which contained audio conversations, photos and documents including the operational plan. “Based on the facts, it can only be concluded that PW7 is an assumed accomplice,” Justice Mahoney said. Prosecution Witness 8, a military intelligence officer (name withheld), from the facts of the case, Justice Mahoney said cannot be regarded as an accomplice just as the case of Mamat Jobe.

Evaluation of the Evidence Section 35 of the Criminal Code makes provision for the offence of treason. The law further provides that where a person commits treason he or she shall, on conviction, be sentenced to death. Justice Mahoney said the elements of the offence of treason are: (a) that there was a preparation or endeavour; (b) that the preparation or endeavour was to overthrow the Government of The Gambia; (c) that the preparation or endeavour was by unlawful means; and (d) that the preparation or endeavour was done by the accused persons. The elements of the offence of conspiracy to overthrow the Government are: (a) that there was an agreement by two or more persons to prosecute a common purpose; (b) that the common purpose was the unlawful overthrowing of the Government; (c) that the persons commenced or joined the prosecution of the common purpose; and (d) the agreement was by the accused person and others. SannaFadera “From the position of the law on accomplices set out above, it is apparent that I must exercise great caution in relying on and giving weight to the evidence of PWI and PW2. I also must state that I did not find their testimonies very convincing and their demeanour also did not call for them to be held in high esteem. I shall not give much weight to their evidence,” Justice Mahoney said. “All this evidence put together leaves me with no doubt that the 1st Accused (SannaFadera) organised and attended the meeting in Kafuta to prepare for the overthrow of the Government of The Gambia,” Mahoney said. Gibril Darboe He said the evidence against 2nd Accused (GibrilDarboe) in respect of the offence of treason is only available from PW4 (Mustapha Jabbi), the driver who gave evidence of driving Sanna Fadera, EbrimaSannoh and Karamo Jatta to GibrilaDarboe’s Compound in Kafuta where a meeting was held and the evidence of PW7 (KaramoJatta) who was part of the meeting at the compound of the Gibril’s who gave details of what transpired at the meeting. “As mentioned previously, both PW4 and PW7 are accomplices. Some independent evidence is necessary to corroborate their evidence. As stated before, an accomplice cannot corroborate another accomplice. Although I could rely on the evidence of an accomplice after properly warning myself, for the offence of treason, the evidence must be corroborated. The extra-judicial statement of the 2nd Accused is entirely exculpatory. The call log does not help in proving the offence without other substantive evidence to be corroborated. I find no corroboration available or no sufficient corroboration available. The fact that the 1st Accused Sanna Fadera) spoke to the 2nd Accused person (GibrilDarboe) over the phone is not enough. In the circumstances, the Prosecution has not proved the guilt of the 2nd Accused as concerns treason within the requirements of the law.” Ebrima Sannoh Justice Mahoney said the evidence against Ebrima Sanoh in respect of the offence of treason are contained in the testimony of PW4, the driver, who said he drove Sanna Fadera, Ebrima Sannoh and PW7 Karamo Jatta to the compound of Gibril Darboe in Kafuta where a meeting was held and the evidence of PW7 who gave similar evidence but included details of the meeting. “There is nothing in the extra-judicial statement of the 3rd Accused for the Prosecution to rely on. Again both PW4 and PW7 are accomplices. An accomplice cannot corroborate another accomplice. Just as for the 2nd Accused, the Prosecution has not proved the guilt of the 3rd Accused as concerns treason within the requirements of the law.” Fabakary Jawara Justice Mahoney said the evidence against Fabakary Jawara in respect of the offence of treason are contained in the testimony of PW4 (Mustapha Jabbie) concerning taking him to a marabout on several occasions and the evidence of PW2 (YayaManjang), one of the marabouts consulted with regards to the coup d’état. “Both PW2 and PW4 are accomplices. Just as for the 2nd Accused (GibrilDarboe) and the 3rd Accused (EbrimaSannoh), the Prosecution has not proved the guilt of the 5th Accused (FabakaryJawara) as concerns treason within the requirements of the law.” On the count of conspiracy, Justice Mahoney said it must be proven that there was an agreement by two or more persons to prosecute a common purpose. “Now, as stated under Count 1, there is evidence against the 1st Accused that he prepared to overthrow the Government,” Justice Mahoney said. He said the evidence of PW3 (Captain Mamat Jobe), PW4 (Mustapha Jabbie), PW7 (Karamo Jatta) and PW8 (military intelligence) and the call log are all against the 1st Accused (Sanna Fadera) only. He acquitted and discharged the accused persons of treason. The only person convicted and sentenced was Lance Corporal Sanna Fadera after he was found guilty of Treason contrary to Section 35 (1) (a) of the Criminal Code. The judge acquitted and discharged all the accused persons including Sanna Fadera of the charge of conspiracy. He also acquitted and discharged Sanna Fadera of incitement to mutiny and is hereby acquitted and discharged. SENTENCE “Having heard Counsel for the 1st Accused make a plea in mitigation for the 1st Accused who has just been found guilty and convicted of Treason contrary to Section 35 (1) (a) of the Criminal Code, and having heard the Director of Public Prosecution in his response, in passing sentence, I consider that in the absence of violence, the death penalty is not appropriate. The alternative is life imprisonment, but Section 29 of the Criminal Code is there for a purpose: whenever the Court determines that a lesser sentence is appropriate, it may invoke Section 29. The aggravating factors in this case are that the offence is Treason – preparing to overthrow the Government of The Gambia by unlawful means. This, the law generally frowns upon as the only way to change a Government is by elections as constitutionally provided. The mitigating circumstances on the other hand are that there was no violence employed in the commission of the offence. The convict is a young person engaged in the Army and working as a lab technician having graduated from the University of The Gambia with a Bachelor’s Degree in biology and chemistry. He has no previous convictions. I believe the severity of the offence deserves some period of imprisonment but considering the conditions of our prisons, I believe imprisonment for life would be very harsh in the circumstances. I will therefore invoke Section 29 of the Criminal Code and impose a lesser sentence on the convict. I believe this was done previously in other Section 35 offences. In all the circumstances, I will impose imprisonment on the 1st Accused – convict and sentence him to 12 (twelve) years imprisonment for the offence of Treason.”

Victims Reparations Bill Passed By The National Assembly

On 1st November the National Assembly passed a bill to provide reparations of victims. This bill was among many bills brought in by the attorney general and minister of justice Dawda Jallow. On the floors of the National Assemby the Attorney General and Minister for Justice, Dawda Jallow presenting the Bill titled Victims Reparations Bill 2023, informed lawmakers that the Bill seeks to establish a Reparations Commission whose responsibility is to review reparation paid out by the TRRC and make necessary adjustments, receive, evaluate, process and make a determination as to new victims who were not identified by the TRRC. Justice Minister Jallow said “The Bill seeks to create and maintain an up-to-date database of victims, develop and publish guidelines and procedures for the granting of reparations. The Bill also seeks to establish a victims’ fund which shall consist of, among other sources, monies generated from some of the proceeds of sales of ex-President Jammeh’s properties. He added that it also seeks to create a point system that will be used by the Commissioners to determine the reparations payable to victims. Eventually, the debate on the Bill proceed and availed the lawmakers to weigh in their inputs and views on the Bill. For his part the member for Wuli East Constituency Hon. Suwaibou Touray said the time is apt, adding that it is seeking to redress long standing human rights violations of people who actually require remedies. “I believe many people have their rights violated at some point and they have no way of seeking redress” says The PDOIS Parliamentarian The maestro politician further outlined that the Bill is an opportunity for those people to come before the agency to seek redress, adding that many were affected during the Second Republic but that some may be interested in restitution instead of monetary compensation. He added that it is apt that there is a domestic law to make a provision to prohibit the violations done by state agents, and that the Commission should continue training security and judicial officers as they have a critical role in ensuring that these violations do not continue. Member for Banjul South, Hon. Fatoumatta Njai, said “I support the Bill, but not the way it is presented to us. We were voted through tough elections to come and defend, and protect their rights in the country as citizens of the country. The reason that provision is given in the Constitution for the President to bring this Bill as a matter of urgency has been abused because I don’t see this as matter of urgency.” She admitted that the Bill is of benefit to the community, but to what extent, and they need to look into the provision to ensure that it is taken through the right stage and due processes. Member for Kantora and Majority Leader, Hon. Billay G Tunkara, explained that the change of government happened in 2016 and the TRRC was set up to probe heinous crimes against humanity during the Jammeh regime, He said down the line, there is the need to give compensation to the victims and to ensure healing as a nation, saying “Putting the Bill before the next year’s budget session will ensure adequate resources and to have support from partners to make sure that the victims are given the attention they deserve.” He added that seven years down the line, it is apt and timely to bring the Bill to ensure that the victims are compensated. Honourable Sanna Jawara, Member for Lower Saloum, said the Bill is long overdue, but stressed that the need for the mover to explain to them the time frame of the Commission and the monies that will be utilized to ensure compensation for the victims. He also asked the Minister to state the mechanisms in place that will be utilized to account for the monies that will be generated to provide compensation; adding that once the Commission starts, grants and donations will come and there is the need for transparency and accountability. He also called for inclusion of all the victims and not to be limited to only those who appeared before the TRRC, stating there are still some victims that did not appear before the TRRC and they deserve to be included. Hon. Amadou Camara, Member for Nianija, said that the country has been yearning for compensation and reparation for the victims, and now that the Bill has been brought up it is a welcomed move, in the efforts to provide the compensation and reparations to the victims. Hon. Kemo Gassama, Member for Lower Baddibu, said that though he welcomes and supports the Bill, he doesn’t understand the reason for bringing the Bill under Certificate of Emergency, adding that the assembly will commence its ordinary session in less than two-weeks time to come. Serrekunda West Lawmaker, Hon. Madi Ceesay, said “I am not against the Bill. What I am against is the urgency attached to it. We know victims have suffered and they will continue to suffer. We are very much in support of the Bill, but we want justice to be done to the Bill.” If the Bill had come under normal circumstances, he said it will avail them chance to have interface with larger communities than victims themselves, adding that there are both direct and indirect victims. Member for Sami, Hon. Alfusainey Ceesay reiterated that there was no need to bring the Bill under Certificate of Urgency, but that there is no lawmaker who is against the Bill, adding that it amounts to excluding the victims in the Bill that seek to secure a law for them. When it is brought under normal circumstances, he said, the victims and other stakeholders will have opportunity to have their inputs incorporated in the Bill. Member for Foni Jarrol Constituency, Hon. Kebba T Sanneh, was one of the few who was critical of the Bill. He said that there is need for them to know who the victims are. The Bill, he said, needs to go through committee stages so that they can really screen the Bill to know who the victims are. The National Assembly Member for Foni Kansala, Almameh Gibba, has criticized the Bill, stating that it is not progressive and is instead a witch-hunt as it mentions Yahya Jammeh, the former president, four times. The Attorney General and Minister of Justice, Dawda Jallow, tabled the 2023 Victims Reparations Bill, as per the recommendations from the Truth Reconciliation and Reparations Commission (TRRC). The Bill was passed by the members. The Victim Reparations Bill, 2023, is the first of several bills the government submitted to the parliament in this extraordinary session. Next to be tabled was the TRRC Bill by the Attorney General and Minister for Justice, Dawda Jallow.

Italy: Deal to detain refugees and migrants offshore in Albania ‘illegal and unworkable’

Responding to the announcement that the Italian and Albanian Prime Ministers yesterday signed an agreement to construct two centres in Albania in which to detain people rescued at sea by Italian ships, including people seeking safety, Elisa De Pieri, Regional Researcher at Amnesty International said: People rescued at sea by Italian authorities, including those seeking safety in Europe, are under Italian jurisdiction and cannot be taken to another country before their asylum request and individual circumstances have been examined. It is as simple as that. Elisa De Pieri, Regional Researcher at Amnesty International This agreement is about refoulement, a practice which is banned under international and European law, and for which Italy has already been condemned by the European Court of Human Rights. It is illegal, unworkable, and it must be scrapped. “Italy has claimed that the people detained would remain under Italian jurisdiction, but the reality is that the deal will be used to circumvent national, international and EU law. That could have devastating consequences for people seeking asylum, who could be subjected to lengthy detention and other violations, outside the scrutiny of Italian judicial authorities. The European Commission has already made it clear that EU asylum law cannot be applied outside the EU. “While details of the agreement are yet to be disclosed, a number of concerns are already emerging. Amnesty International calls on the Italian government to uphold its international law obligations on non-refoulement, to guarantee asylum and calls on the European Commission to ensure that member states do not breach the asylum acquis.” Background Refoulement is the practice of sending anyone to a country where they are at risk of human rights violations. Protection from refoulement is a basic right of asylum seekers and refugees. Non-refoulement is a core principle of international refugee law, as part of customary international law, it is binding on all States. The principle of non-refoulement is also enshrined in EU law in Article 78(1) TFEU and Article 18 and 19 of the EU’s Charter of Fundamental Rights. The European Commission already made it clear in 2018 that extraterritorial application of EU law is currently not possible. Italy has already been condemned for violation of the non-refoulement principle by the European Court of Human Rights in 2012 for in the Hirsi Jamaa v. Others case.