GAMBIA

CASE N° GMB/02 - MAMADOU CADI CHAM
CASE N° GMB/03 - OMAR JALLOW

Resolution adopted without a vote by the Inter-Parliamentary Council at its 161st session
(Cairo, 16 September 1997)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/161/10(a)-R.1), and to the resolution adopted at its 160th session (April 1997) concerning the case of Mr. Mamadou Cadi Cham and Mr. Omar Jallow, members of the former House of Representatives of the Gambia dissolved in 1994,

Taking account of the communication from the Attorney General's Chambers and Department of State for Justice, dated 3 September 1997,

Also taking account of information provided by Mr. Jallow in July 1997,

Recalling that Mr. Cham and Mr. Jallow were arrested in October 1995 and held without any charges being brought against them until November 1996, when they were released; that, however, their passports were confiscated with the result that they were unable to travel abroad,

Considering that, according to his report, Mr. Jallow remains deprived of his passport, which the police claim to be missing but refuse to replace, and even his movements within the country are restricted as he cannot leave his division without permission from the authorities,

Considering that, according to his report, the Commission of Inquiry established to investigate charges of wrongdoing by public office-holders prior to the military takeover of 22 July 1994 had not found him guilty of any wrongdoing; that despite its findings he has been deprived of his political rights for a period of five years and may not join any political party, and the confiscation of his two houses has been ordered by the President's Office; that, however, the latter order has as yet not been carried out,

Considering that he has petitioned the President of the Republic, most recently on 10 March 1997, seeking compensation for the suffering caused by his unlawful detention; that he was told by the President's office to refer his claim to the Commission of inquiry as the President did not want to interfere with the latter's work; that he has brought this matter before the Commission, which has promised to look into it,

Considering that, according to the Attorney General's Chambers and Department of State for Justice, the Office of the President has categorically denied being in possession of the passports of Mr. Cham and Mr. Jallow; that only their diplomatic passports had been withdrawn; that they can travel any time they want " after having satisfied the orders as to payment made against them by the Public Assets and Properties (Recovery) Commission "; that " in fact some of their colleagues have been allowed to travel abroad after having posted sureties for their liabilities ",

Considering that, according to the same authority, Mr. Cham was not a member of the dissolved House of Representatives as he had lost his seat to Mr. Mbemba Tambedou in the 1992 elections,

Bearing in mind that the Gambia is a party to the International Covenant on Civil and Political Rights, which guarantees the right to freedom from arbitrary arrest and detention, the right to freedom of movement and the right to compensation for anyone who has been the victim of unlawful arrest and detention,

1. Thanks the Attorney General and Secretary of State for Justice for having ensured that it received a reply to its requests for information, and earnestly hopes that it may count on his future co-operation;

2. Notes that, according to the Attorney General's Chambers and Department of State for Justice, Mr. Cham is not a member of the Parliament dissolved in 1994, and requests the Committee to suspend its examination of the case and to seek clarification from the source in this respect;

3. Reaffirms that Mr. Jallow suffered unlawful arrest and detention at the hands of officials acting under State authority and that consequently, under Article 9 of the International Covenant on Civil and Political Rights, he is entitled to compensation;

4. Notes that the Commission of Inquiry established to investigate instances of wrongdoing by public office-holders prior to the military takeover of 1994 cleared Mr. Jallow of any involvement;

5. Also notes that the Commission is currently examining a petition regarding the request for compensation originally submitted by Mr. Jallow to the President's Office, and trusts that the Commission will grant him the compensation to which he is entitled under international human rights law;

6. Expresses concern at the fact that Mr. Jallow has been deprived of his political and civil rights, apparently without any formal legal procedure and on no proper legal basis, and desires clarification in this respect;

7. Emphasises that according to Article 14 of the International Covenant on Civil and Political Rights, to which the Gambia is a party, a punishment as harsh as deprivation of civil and political rights can in any case only be handed down by an independent and impartial tribunal in a fair trial;

8. Notes the lack of any administrative or judicial decision depriving Mr. Jallow of his passport; also notes in this respect that the Office of the President denies being in possession of his passport;

9. Urges therefore the competent authorities to issue Mr. Jallow without further delay with the passport to which he is entitled;

10. Requests the Secretary General to convey these concerns and considerations to the competent authorities, and to invite them to take the necessary action;

11. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 1998).

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