Monday, February 22, 2021

Facebook must stop blocking Australian news sites from being shared

Responding to Facebook blocking Australian news sites from being shared on its platform Amnesty International Australia campaigner Tim O’Connor said: "It is extremely concerning that a private company is willing to control access to information that people rely on. Facebook’s action starkly demonstrates why allowing one company to exert such dominant power over our information ecosystem threatens human rights. "It’s alarming that community support groups, emergency services and charities have had their content blocked. "We’re particularly concerned with the effect this is having on people in the Pacific, many of whom rely on getting information and news from Facebook due to the nature of their agreements with telecommunications providers. "Facebook’s willingness to block credible news sources also stands in sharp distinction to the company’s poor track record in addressing the spread of hateful content and disinformation on the platform. "Amnesty International calls on Facebook to immediately reverse this decision."

If You Fit The Name lawyer Prove Corruption Allegations Against Barrow

Dodou Sanno, an adviser to President Barrow, has challenged lawyer and politician Assan Martin “to come out with proofs” over his allegations that the president and his government are mired in corruption. Lawyer Martin told The Standard on February 5th that Gambians should not give President Barrow a fresh mandate when they go to the polls in December because of a litany of failures, top of which is rampant corruption. Reacting to Mr Martin over the weekend at the headquarters of President Barrow’s National People’s Party of which he is an executive member, Mr Sanno countered: “I am challenging Assan Martin as a lawyer to come out with evidence which can show to the Gambians that there is corruption in the government. Let him point his finger to any government department or any person working in the government engaging in corruption. Before he says something, he must have evidence for it. Maybe he himself is part of the corruption he is talking about. “I am not the government spokesperson, but I can say that before anyone accuses the government or anybody, you must have the proof. If there is corruption in the country, every citizen has the right to put a stop to it. But where is the corruption going on this country? I want to ask Assan Martin did he stop anybody from practising corruption in the country? If there is anybody let him bring that person too. “If he wants people to trust him as a lawyer so that he can have more clients, let him stop peddling false statements. Gambians are now fully aware and they know who is a professional lawyer and who is not. If Assan Martin is a lawyer by profession, let him leave the government and concentrate on the affairs of his clients. We want constructive criticisms and not just people saying things because they want to be heard.” On Mr Martin’s call for NPP to disclose the source of funds with which they procure fleets of brand new pick-up trucks, Mr Sanno reacted: “If Assan Martin is a good lawyer, and he is willing to know anything regarding NPP’s vehicles, I think he should launch an investigation in every government department to find out whether even a single butut is missing [and given to NPP]. I want to tell him that there are people in this country who love the NPP, President Barrow and the country. These people are in the party, they have money and they are willing to sacrifice by spending their money on the party in support of President Barrow. We have nothing to do with state funds. President Barrow doesn’t need government funds. If Assan Martin wants to know that let him go and ask government officials whether President Barrow has ever asked them for even a single butut for the NPP.” Mr Sanno said they were informed that Assan Martin had been “lobbying for something in Barrow’s government and when he failed to get that, he started making all these noises”. “His fellow lawyers are doing their job, but he is the only one criticising the government while the government is not even aware of him. Gambians know what President Barrow is doing and they appreciate him for that. Gambians will never listen to Assan Martin as he is a failed lawyer who does not even have clients. He is just wasting his time. President Barrow is not a failed president,” he added.

Where Was Pastor Forbes - Alagie Yero Jallow Asked

Where was Pastor Francis Forbes when Gambians were being massacred, treasury looted, media houses suffered nocturnal arson attacks, and journalists fleeing persecution and other religious leaders? Pastor Forbes turned against his perfidy, and there is no more incentive compatibility in him; he is now abusing the ministry. These catatonic guys think we are victims of amnesia. Pastor Forbes is not a perfect man, never claimed to be one. Like all of us, he has a past that may not reflect brightly on him today. He should not bow to threat from blackmailers. Pastor Forbes said to the Standard, “When you are engaged in things that are dishonorable to the detriment of your nation, you do not earn the term honorable. So you do not make noise about it. You represent your people like all of us do. It is not a badge of impunity. If this country sinks, the title ‘Honourable’ will not help us,” he stressed. The Pastor made these remarks at a multi-stakeholder dialogue on the 2020 draft constitution and the future of democracy in The Gambia. The Centre for Research Policy Development organized the forum held at the International Conference Centre. He added, “If we could remove our former president in 2016 … we can remove another, and another and another. The process we used is still available, and rather than waiting for the top-bottom approach, maybe we should start with galvanizing now, and when we vote, our votes will speak. There will be an answer, and we can move forward. If we did it in 2016, we could do it in 2021,” Pastor Forbes said. He said “the reminiscences of joy” after the 2016 presidential election still linger in his mind. What changed? Someone should tell Pastor Francis Forbes that not all Gambians are his congregants. Proclamations do not obtain political power. It is not given based on self-righteous postulations and circuitous kinetics of the pulpit. If he wants to win, he should get in the trenches. Those who must clothe others must have decent clothes on their back. Oratorical prowess is not politics and being religious. We know the man fancies himself as a motivational speaker, and he has already announced himself as the next Desmond Tutu. If he is serious about telling the truth to power, he should have done it when Gambians were looking for a Messiah. Pastor Francis Forbes needs strategic handlers to help him. I know he understands that some of his Christian and Muslim Clerics have damaged themselves, and they are positioning themselves to reinvent their image and guilt, but this is not how to do it. They have succeeded in damaging the man more in an attempt to decorate him. We do not want to dig deep into their relationship with the dictator. Today many religious leaders( saved these religious leaders like Imam Baba Leigh, Imam Karamo Touray, Imam Ismaila Manjang Reverend Hannah Faal, Father Edu Gomez Ba Kawsu Fofana are in the history books as those who sacrifice for the voiceless for speaking truth to power struggling to end despotism using their congregation and pulpits in restoring democracy Gambians are enjoying ), including Pastor Forbes of the Aiding Words Ministries, published sermons all over the place, and preaching hot and divisive messages enabling kleptocratic rule, were in bed with President Yahya Jammeh. They did not see anything wrong with his government. They had Yahya Jammeh’s ears and time. They could get anything done for the Gambia and Gambians with Yahya Jammeh, but what did they do? They just enjoyed the moment! They took Yahya to Israel to pray for the Gambia. Yahya cozied with their churches and Mosques with unlimited access to the national broadcaster, the Gambia Radio and Television Services ( GRTS). Other than Pastor Francis Forbes and other clerics were parsimonious to truth-telling that things were all well with the country. They all queued behind Yahya. They attended his events in large numbers, and he had their backs. Many of them openly canvassed for votes for him from their pulpits. They turned blind eyes to the shortcomings of the Yahya Jammeh government because he is one of their own! These men, who never saw anything wrong with Yahya Jammeh’s government, are now extremely vocal in their condemnation of the Adama Barrow government. They have statements trending online attacking the government, and wildly, Christians in the government. They are attacking the National Assembly members for rejecting the draft constitution. Pastor Forbes asks these questions: what is happening under Adama Barrow in the Gambia today that did not happen under the previous governments? Why was he quiet and somewhat ambivalent then but active and vocal now? Tell us. I make no excuse for this government, neither will I pretend that all things are well. The government has done well in some areas, and in some others, it has failed or failed poorly. The most outstanding failure of this government is in its inability to stop Corruption and institutional reforms. Corruption is despicable and unacceptable. Gambians, other than the victims of the previous regime are all agreed on this. What is even more despicable is the politicization of the governance structures by some. The previous government played the same card before the 2016 elections, and Pastor Forbes never condemned it. The Corruption and killings, and poor governance are beyond politics and religion. We concede that religious leaders’ responsibility is to tell the government to stop the perpetrators’ killings and justice. However, other religious clerics like Pastor Forbes or the so-called civil society activist never speak out from their positions against the government and not the finding solution to speak for despondency. We need to uphold those clerics and activists in prayers to be healthy and bold, imbued with wisdom and strength of character to do justice. Leaders pull together to seek solutions in crisis times, and they do not pour accelerant on already explosive situations! The Gambia survived a brutal dictatorship, but it did not survive a religious war. We are heading with the divisive rhetoric coming from religious leaders like Pastor Francis Forbes.

Sunday, February 21, 2021

Justice Minister Jallow Replies to Petition Seeking Discontinuance of Case against NIA 9

Dawda A. Jallow, Minister of Justice has told lawyers for former intelligence chiefs that it is premature for him to consider any petition for a discontinuance of the prosecution of their clients at this stage. Jallow was responding to a petition written by counsels for the defendants, who want the criminal case against their clients to be discontinued by the State. It would be premature on my part to consider any petition for a discontinuance of the prosecution of your clients at this stage,” Jallow wrote. Former NIA Director General Yankuba Badjie and eight others were arrested in February 2017 and are still in custody undergoing trial. They have been charged with criminal offences in connection with the April 2016 demonstration of some UDP supporters and alleged death in custody of a UDP militant (Solo Sandeng) at the NIA headquarters, and the alleged brutalization of some other members of the UDP.- The Defense team headed by Lawyer Christopher E. Mene and Emmanuel E. Chime, on their behalf and on behalf of other members of their team, wrote a letter dated 12th November 2020, addressed to the Minister of Justice and copied to the TRRC Chairperson Lamin J. Sise and Lead Counsel Essa M. Faal. The subject of the letter was ‘‘a case to discontinue the ongoing criminal prosecution of former officials of the NIA (now SIS), in order to allow them appear as witnesses at the TRRC, in furtherance of the lofty mandate of the Truth Commission.’’ The letter continued: “We must hasten to make clear that this petition is not intended to and/or ought not to be seen as an attempt to diminish the gravity of the alleged loss of human life in the custody of the NIA or the alleged brutalization of the UDP supporters which is the backdrop to the criminal case before the Court. Indeed, we recognize that the accusations of human rights violations (if true), are condemnable and unacceptable in any civilized society.’’ Similarly, the petitioners indicated that their position should also not be construed to mean that the case of the Defense is weak. ‘‘Indeed, the defense is convinced that the summary of and the evidence led so far, does not disclose most if not all the offences charged,’’ the petitioners wrote. However, they said the petition has become imperative having regard to the length of time the former NIA officials have been held in prison custody while the trial lasts, and the negative effect of continuing the trial in the face of the mandate of the TRRC, to elicit the truth and promote reconciliation in the New Gambia. The TRRC was created by an Act of the National Assembly. The overriding objective of its setting up is evinced in the combined reading of the long title of the Act as well as the definition of “human rights violations and abuses” and “victims” in Section 2 of the Act, together with Section 13 and 14 of the Act which deals with the objectives and functions of the TRRC, in order of priority to first elicit the truth about all the horrendous human rights violations that occurred between July 1994 to January 2017 without any exception and second, to promote and encourage national reconciliation. The petitioners indicate in their letter that these two are very significant and in their humble view, they come before reparation because it is a recognition that only when the truth is known, that appropriate steps can be taken to ensure that the human rights violations of the past are not repeated in the present or future. They stressed that the TRRC Act emphasizes the need for national reconciliation as a tool for social harmony, unity and progress as we recover from the violations of the past regime. ‘‘The criminal prosecution of these former NIA officials who were all agents of the State and acted in their official capacities in relation to matters for which they stand charged before the Court, is inconsistent with and contrary to the letter and spirit of the TRRC Act,’’ the Defence lawyers wrote in their petition. The former NIA officials were arrested and detained since February 2017 to date. And according to the Lawyers, their clients have suffered personal losses and misfortune as a result of their continuous incarceration. Yankuba Badjie, the former Director-General of NIA is a family man and sole breadwinner of his family. He lost both of his parents within a short interval while in prison. “Their demise was not unconnected with the trauma both parents experienced as a result of the imprisonment of their son and breadwinner for so long,” the petitioners wrote. On the health side, the petitioners said Badjie is also hypertensive and had been admitted to Hospital for an extended period of time. In addition, they said he has been placed on daily medication which has barely kept him alive until now. The Defence lawyers said the second accused person Louie Richard Leese Gomez, was not so lucky because he died in prison during this trial. “The overwhelming sentiment is that he died because of his pre-existing medical condition which was compounded by his solitary confinement, resulting in his premature demise, leaving behind his young wife and several children, without a breadwinner,” the Lawyers wrote. Sheikh Omar Jeng, the 3rd accused person according to the Defence lawyers, lost his father while in custody and did not have the chance to even bury him. “The 3rd accused person also has a very serious heart condition which the State is aware of. It is nothing short of a miracle that he is still alive today,” the petitioners wrote. The Defence lawyers also stated that the 8th accused person, Lamin Darboe, had a very serious and devastating accident while carrying out electrical maintenance works in the Mile 2 prisons, which resulted in him being bedridden with two broken legs; that Darboe cannot attend Court sittings at the time of writing their letter. The petitioners said all accused persons are Gambians and breadwinners of their respective families. The long-standing case has suffered series of delay. The High Court granted a stay of proceeding in favour of the prosecution in November 2019 and for almost a year, the case was stalled. On the 8th of October 2020, the Court reversed the stay order by the High Court and ordered for the matter to continue. The prosecution has however appealed against the decision of the Court of Appeal to the Supreme Court. This means if the prosecution succeeds at the Supreme Court, the case would be further delayed while the accused persons remain in custody. The prosecution team called thirty-three witnesses who testified after which the prosecution closed their case. So far for the Defense Lawyers, Sheikh Omar Jeng is the only one who testified in defense of this case. Baboucar Sallah, the 4th accused person is expected to open his defense on Monday 15th of February 2021. Yankuba Badjie wants to make a “no case submission” but the Judge refused his plea to move his motion. Badjie is seeking the Court of Appeal to direct and order the High Court, to allow him to make the “no case submission” known as “a no case to answer submission” by many. The petitioners also raised the issue of discrimination by the State stating they are being tried and held in prison for four years when the TRRC is carrying out its legal mandate with witnesses some of whom had admitted to participating in horrendous human rights violations, including multiple killing of fellow citizens, before the Truth Commission, to give their testimony. The petitioners maintained that they were thereafter thanked for their testimonies and allowed to go home to their families. “In these circumstance therefore, the feelings of the former NIA officials that they are being discriminated against by the State and/or treated differently from the others they served with in the security sector under the former regime, is understandable,” the petitioners wrote. The petitioners said all the former NIA officials were public servants who served the State under the former regime, as State Agents and that they love their country no less than any other Gambian. “Discriminating against them or treating them differently cannot be good for national reconciliation,” the petitioners wrote. The Defence lawyers urged the Attorney General and Minister of Justice to consider discontinuing the ongoing criminal prosecution of these persons so that they can avail themselves of the opportunity to also appear before the TRRC, to give their testimony just like all other players in the Security sector, from 1994 to January 2017. “Having regard to the prominent role the NIA played regarding internal security matters under the former regime, we are convinced that the work of the TRRC cannot be complete without their testimonies,” the petitioners conclude. In his response, the Attorney General and Minister of Justice in a letter dated 5th January 2021, said the TRRC was established to create an impartial historical record of violations and abuses of human rights from July 1994 to January 2017; to promote healing and reconciliation and address impunity, and to grant reparations to victims amongst others. Minister Jallow said a very important function and power of the TRRC is to identify and recommend for prosecution, persons who bear the greatest responsibility for human rights violations and abuses. He held that this can only be done at the conclusion of the public hearings and submission of a report by the TRRC. He mentioned that those who appeared, testified and admitted to the Commission of crimes they have committed have not been exonerated or granted relief from prosecutions. However, Minister Jallow said by virtue of the TRRC Act, a person who makes full disclosure of his or her involvement in human rights violations and expresses remorse for their acts or conducts could be considered for amnesty where an application is made to that effect. “The TRRC process is designed in such a manner that those who appear before it and fully cooperate by making full disclosure, could be granted amnesty. Certainly, not all those involved in the commission of crimes could possibly be prosecuted,” the Minister said. Jallow said prosecuting everyone will undermine the spirit of healing and reconciliation by sending tremors on the very fabric of the society; that this is why a mechanism has been established to cater for all honesty and full disclosure. “This is an opportunity accorded to all Gambians,” Jallow said. The Attorney General said the NIA officials in custody could still avail themselves the opportunity for public testimony before the TRRC, since they may possess vital information that can assist in the accurate documentation of abuses and violations that took place in The Gambia; that a transitional justice process involves the application of a variety of mechanisms to ensure accountability, justice and reconciliation, which includes truth-telling, prosecutions, reparations and memorialization as well as healing and reconciliation among others. ‘‘It is never a situation that any one of these mechanisms should be pursued to the exclusion of others. In other words, these are always mutually reinforcing variables in a transitional justice process” Jallow said. Minister Jallow said it remains always the prerogative of the State to determine the application and sequencing of these variables, adding that the State is always confronted with the difficult task of balancing the demands for justice, with pursuing the objects of healing and reconciliation. He maintained that international best practice has demonstrated that justice and accountability are important factors for the ultimate objective of peace and reconciliation. “In light of the foregoing, you may wish to advise your clients to explore the possibility of cooperation with the Truth Commission by initiating direct contact with its secretariat,” Jallow wrote.

NIA Nine Case Witness Said He Cannot Remember Because He Was Drun

Baboucar Sallah, a former assistant officer commanding at the NIA on Wednesday, 18th February 2021 while under cross-examination denied participating in the torture of 14th April 2016 UDP protesters. Sallah maintained that he has never tortured any of the protesters, adding he did not go to the NIA headquarters on the protest day. He said he was at his duty post at the Atlantic Hotel in Banjul. Below is the testimony of Sallah in verbatim. Lawyer Combeh Gaye: Mr. Sallah, you told this court yesterday that you worked under your OC Haruna Suso and follow his command. Apart from yourself, who are the people under the command of Mr. Suso? Baboucar Sallah: We are many. Lawyer Combeh Gaye: Can you give the names of those people? Baboucar Sallah: Yes, they were Tamba Masireh, Alieu Singateh, Mr. Baldeh and there are names I can’t recalled. Lawyer Combeh Gaye: On the 14th of April 2016, did you see Haruna Suso? Baboucar Sallah: I only came to see Haruna Suso on the 15th of April 2016 between the hours of 4am to 5am. Lawyer Combeh Gaye: Did you receive any command from Mr. Suso on going to work? Baboucar Sallah: He called me on the 15th of April 2016 between the hours of 4am to 5am; that is when he called. Lawyer Combeh Gaye: Mr. Sallah I am putting it to you that Mr. Suso called you before the 15th of April 2016. Baboucar Sallaah: That is not true. Counsel Combeh Gaye requested for exhibit J and V1 to be given to her. Lawyer Gaye: It is evident that Mr Baboucar Sallah was called by his OC Mr. Suso. Mr. Sallah, did you remember the interview you have with the police at the police headquarters. Baboucar Sallah: I cannot remember because I was drunk. Lawyer Combeh Gaye: But you remember going to the police in 2017 at the police headquarters to be interrogated on this case. Baboucar Sallah: I cannot remember; it was in the following day I came to know that I was at the police headquarters because I was intoxicated. Lawyer Combeh Gaye: Take a look at exhibit V1 at page 71. Baboucar Sallah: I cannot read. Lawyer Combeh Gaye: Are you telling this court that you are an illiterate – you cannot read and write. Baboiucar Sallah: My education is very low. Lawyer Combeh Gaye: The question is can you read and write. Baboucar Sallah: I can understand some, but I cannot understand all. Lawyer Combeh Gaye: Since you can understand something, can you read page 71 line 321. Baboucar Sallah: I cannot read the document, page 71 line 321. Lawyer Combeh Gaye: Mr. Sallah, I am putting it to you that, it is transcribe audio interview between you and the police. Baboucar Sallah: I am not aware of it because I was not with myself, I was intoxicated. Lawyer Combeh Gaye: Mr. Sallah. I am putting it to u that you were not drunk and you gave the police answer and never told the police that you were drunk. Baboucar Sallah: A person can be drunk and be talking, but I was drunk. Lawyer Combeh Gaye: Mr. Sallah, you admitted to the police that you were at the NIA on the 14th of April 2016. Baboucar Sallah: I cannot remember. Lawyer Combeh Gaye: In fact, Mr.Sallah you told the police that you and Tamba Masireh were called and asked to interrogate Solo Sandeng. Baboucar Sallah: I am not an investigator or an interrogator. I was at the Atlantic Hotel throughout. Lawyer Combeh Gaye: In fact Mr Sallah, you told the investigators that you beat Solo Sandeng. Baboucar Sallah: I disagreed because it has never happened. Lawyer Combeh Gaye: In fact you further told the police that it was yourself, Tamba Masireh and Lamin Darboe, the 8th accused person who were there beating Solo Sandeng. Baboucar Sallah: That has never happened because I have never worked with Lamin Darboe. Lawyer Combeh Gaye read Haruna Suso’s cautionary statement in which he stated “I received a call from my director of operations Sheikh Omar Jeng who asked me to come to the headquarters together with my team. I called Baboucar Sallah and Tamba Masireh to join me.” Suso said Jeng told him that the UDP supporters who did the protest needed to be warmed up. Lawyer Combeh Gaye: Haruna Suso is your boss and he said you were present at the NIA on the 14th of April 2016. Baboucar Sallah: I disagreed with him. The case has been adjourned to Monday the 22nd of February 2021 at 1 pm

OIC ROAD PROJECTS: Property Assessment On Bertil Harding Highway And 50km Urban Roads

Petroleum House, 17th February 2021 – The public is hereby informed that officials of the Department of Physical Planning, Department of Lands and Surveys, and the National Roads Authority are embarking on a property assessment and valuation exercise along the Bertil Harding Highway and other identified 50KM Urban Roads across the Greater Banjul Area. The exercise commenced on February 1, 2021, and is expected to last for three months. The objective of the assessment exercise is to identify properties that will be affected by the road construction projects and acquire more information relating to land ownership to ensure that the proper expropriation process is followed. Therefore, the OICGambia Secretariat and its partner agencies highly solicit the cooperation of the public, particularly beneficiary communities.