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.

Nigeria: Amnesty International and others demand justice for victims of enforced disappearances in Northeast

Responding to the Nigerian government’s receipt of our application filed with the Economic Community of West African States (ECOWAS) Court of Justice to demand justice for cases of enforced disappearances recorded in the Northeast of Nigeria, Isa Sanusi, Amnesty International Nigeria Director said: “By allowing the military to carry out thousands of enforced disappearances in the country’s Northeast and subsequently failing to genuinely and effectively investigate and prosecute those responsible, the Nigerian government has violated its international and regional human rights obligations and has failed victims. “The ECOWAS Court represents one of the few remaining avenues for accountability and justice for victims of enforced disappearances in Northeast Nigeria and their families, who deserve to know the fate and whereabouts of their loved ones. The ECOWAS court can help bring about justice by clearly calling out as human rights violations the failure of the Nigerian authorities to properly investigate and prosecute.” We welcome the receipt of our application by the Nigerian government, symbolizing that this is now a pending case, and the victims will get their day in court. But this is just the first step. We call on the Nigerian authorities to cooperate closely with the Court in its proceedings, to conduct an independent, impartial and effective investigation into all cases of enforced disappearances in Northeast Nigeria, and where admissible evidence exists, to prosecute all those suspected of criminal responsibility in relation to the disappearances. Isa Sanusi, Amnesty International Nigeria Director Background In its 2015 report, Stars on their shoulders. Blood on their hands, Amnesty International concluded that Nigerian security forces have committed war crimes and other serious human right violations, including enforced disappearances, during the course of its military operations in Northeast Nigeria against the armed group, Boko Haram. The whereabouts of thousands of people detained by Nigerian forces in the Northeast still remain unknown. To date, Nigerian authorities have failed to conduct genuine, independent and effective investigations and prosecutions of these crimes. Last month, Amnesty International, together with the Sterling Centre for Law and Development and 23 victims and survivors, filed a case at the ECOWAS Court to seek long-awaited justice, truth and reparations for those disappeared and their families. Source amnesty international

IGP Reaffirms Commitment To Police Reform

The Inspector General of Police Abdoulie Sanyang reaffirmed his commitment to reforming The Gambia Police Force during a visit to in-service training for traffic officers on November 7, 2023, at Police Training School in Banjulunding. Under the leadership of IGP Sanyang, The Gambia Police Force is actively engaged in reforms aimed at meeting international standards and transitioning into a model of democratic policing. These reform efforts encompass various units, including the mobile traffic unit, which is currently undergoing comprehensive training in traffic management. The training spans fundamental skills to advanced techniques, equipping officers with the necessary tools to better serve the public. During his address to the officers, IGP Sanyang emphasized the vital role of the training in these ongoing reforms and extended recognition to the German trainers for their contributions. The Gambia Police Force remains steadfast in its dedication to improving services provided to the public through these reform initiatives.

In The Case Of Health Ministry Officials Satang B. Houma Testified As PW 1

State First Witness Testifies In Health Ministry Officials Corruption, Forgery, Theft, Conspiracy, and Economic Crimes Trial In the Corruption, Forgery, Theft, Conspiracy, and Economic Crimes trial involving three Ministry of Health officials, the state has called its first prosecution witness (PW1). The accused are Balla Kandeh, Omar Malleh Ceesay, and Muhammadou Lamin Jaiteh, three(3) Health Officials were Arraigned for corruption, forgery, theft, conspiracy, and economic crimes total of 19 charges were brought against them. When the case was called the Director of Public Prosecution (DPP) A.M. Yusuf informed the court of the readiness of the state to proceed with the hearing and present their first witness to testify. However, Counsel Lamin L.S. Camara, representing the accused persons, noted that the original indictment lacks the statements of the witnesses expected to testify. Additionally, the voluntary and cautionary statements of the accused persons were also not attached to the original indictment. Counsel Camara requested that the defence be provided with all necessary documents that the prosecution intends to rely upon in the trial before the commencement of the hearing. The presiding Judge Justice Ebrima Jaiteh directed the DPP A.M. Yusuf to ensure the defence is supplied with the required documents they intend to rely on for their preparation. The state Conusel promised to supply all the documents. Subsequently, the state called its first witness, Satang B. Houma, who informed the court that she was the Financial Controller of the Project Coordination Unit of the Ministry of Health. Satang B. Houma, also told the court that she is a Chartered Accountant, and stated that she began working with the Ministry of Health in January 2018. When asked if she recognized the accused individuals, she identified two of them – Balla Kandeh (the 1st accused person), who was the Project Manager of the National Malaria Control Program (NMCP) when she joined the Project Unit, and Muhammadou Lamin Jaiteh (the 3rd accused person), who was later appointed as Permanent Secretary of the Ministry of Health. Regarding her role as the Financial Controller of the Project Coordination Unit, Satang B. Houma explained that her office is responsible for the financial management of the Ministry of Health. She testified that her unit handles the finances of development partners' projects. "The Program Unit submits requests to the Project Coordination Unit, which verifies whether the requests align with the approved budget. If approved, the funds are endorsed for disbursement by the Permanent Secretary," she explained. At this point, since the defence is yet to receive the witness statements, as well as the voluntary and cautionary statements of the accused persons, Justice Jaiteh instructed the witness to pause her testimony until the defence is provided with the necessary documents. The case was then adjourned to November 8th, 2023, for the continuation of the hearing at 12:00 Source Kexx Sanneh

Witness In The Police Shooting Says He Heard Six shots

The second prosecuting witness in the alleged PIU shooter case yesterday confirmed that he heard the sound of a pistol six times during the incident at Sukuta-Jabang Traffic Lights. In his examination in chief before Justice Jaiteh of the Banjul High Court, Bakary Jarju said that during the hit of the act, it was difficult to count under pressure, adding that he counted and heard six gunshots. He explained that the first shot was discharged and hit the police officer with the AK47, the second shot was fired at the other officer who was scrambling with the shooter, the third shot targeted the female officer, and the fourth one was fired at the roundabout. He said the shooter immediately bent to the right, meters away he turned and fired another shot while on the run. PW2 further explained that he could not see the shooter clearly because they were behind and chasing him. He, however, described the shooter as a tall, slim man and was wearing ‘kaftan’. In his examination in chief, L.J. Darboe, defence counsel for the first accused person, asked PW2: “As a military officer, was it your function to collect evidence to crime scenes?” Jarju indicated that it was his function to gather evidence at crime scenes as military personnel. He took an oath to protect lives and properties of people, and protect the territorial integrity of this country, he said. After the scene, he explained, he found an empty case of pistol which he eventually handed over to his friend Omar Jallow for confirmation and finally handed it to Inspector Bah, after he was made to understand that Mr Bah was a police officer at the Anti-Crime Unit. The case was adjourned until 13 November 2023 for continuation of examination in chief of PW2