CASE N° GMB/03 - OMAR JALLOW - GAMBIA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 164th session (Brussels, 16 April 1999)

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/164/13(b)-R.1), and to the resolution adopted at its 163rd session (September 1998) concerning the case of Mr. Lamin Waa Juwara, a member of the House of Representatives of the Gambia dissolved in 1994,

Taking account of a communication from the Attorney General's Chambers and Department of State for Justice dated 16 March 1999 and of a communication from one of the sources, dated 8 March and 1 April 1999,

Recalling that on 30 June 1997 Mr. Juwara filed against the Attorney General, the Secretary of State for the Interior, the Inspector General of Police and the Director General of the National Intelligence Agency a lawsuit claiming compensation for the many arbitrary arrests and detentions he had suffered at the hands of officials acting under the authority of the Armed Forces Provisional Ruling Council (AFPRC), which was in power from July 1994 to January 1997,

Recalling that on 29 July 1998 the High Court ruled that the incriminated conduct of the defendants in this action was not justiciable as Section 13 of Schedule 2 of the 1997 Constitution guaranteed members of the AFPRC and its officers and appointees immunity from any prosecution in respect of any act or omission attributable to them under the AFPRC administration,

Considering that Mr. Juwara appealed against that judgment but decided to withdraw his appeal following a reform of the court system in the Gambia whereby the Supreme Court of the Gambia henceforth replaces the Privy Council in London as the highest court of appeal in the country,

Recalling that Mr. Juwara was re-arrested without any arrest warrant on the night of 18 May 1998 at his home and held incommunicado until the Supreme Court ordered his release on bail on 8 June 1998 on the proviso that he might not leave the country without previously informing the judicial authorities,

Recalling that on the night of his arrest Mr. Juwara was subjected to severe ill-treatment by security agents, sustaining serious injuries as a result; that according to newspaper reports relying on Mr. Juwara's statements and carrying photographs, he was first assaulted in his house by officers under the command of Major Amadou Suwareh; that on the way to the Mile Two Central Prison where he was detained, the police vehicle transporting him stopped at Denton Bridge and Mr. Juwara was reportedly pulled out of the vehicle and badly beaten with cable wires and rubber straps until somebody shouted " Baba Jobe, Baba Jobe, it's enough "; that he was reportedly denied any medical care while in prison, apparently on orders of the Secretary of State for the Interior, Mr. Momoudou Bojang; recalling also that, according to the authorities, investigations into these allegations are under way,

Considering, however, that according to one of the sources the matter has never been investigated despite the fact that the identity of the perpetrators is public knowledge,

Recalling that Mr. Juwara, together with others, was arraigned in Brikama Magistrate's Court and charged in June 1998 with " conspiracy to cause unlawful damage to property " and " causing unlawful damage to property " on account of " wilful and unlawful damage to construction works at the Brikama Mosque "; considering that the Magistrates Court acquitted them ruling that there was no case; that, however, the State filed an appeal against that judgment and that the case was adjourned to 4 May 1999 " for mention ",

Bearing in mind the many resolutions of the United Nations Commission on Human Rights, most recently resolution 1998/53, which recognises that, for the victims of human rights violations, public knowledge of their suffering and the truth about perpetrators of these violations are essential steps towards rehabilitation and reconciliation, and urging States to intensify their efforts to provide victims of human rights violations with a fair and equitable procedure whereby such violations can be investigated and made public and to encourage victims to participate therein,

1. Thanks the Attorney General and Secretary of State for Justice for her co-operation and is pleased to note that she contemplates attending the next session of the Committee on the Human Rights of Parliamentarians;
2. Remains deeply concerned at Mr. Juwara's arrest and incommunicado detention in May and June 1998 and the ill-treatment inflicted upon him while he was in State custody;
3. Recalls that the Gambia is a party to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, as well as to the International Covenant on Civil and Political Rights (ICCPR) and the African Charter of Human and Peoples' Rights (ACHPR), both of which guarantee the right to freedom from arbitrary arrest or detention and from torture, cruel, inhuman or degrading treatment or punishment; also recalls that Articles 9 and 6 of the Constitution of the Gambia contain the same guarantees, and insists consequently that the Gambian authorities have a duty to ensure respect for these fundamental rights;
4. Wishes to ascertain the result of the investigations instituted to punish those responsible for assaulting Mr. Juwara whose identity is seemingly known;
5. Notes that the State has appealed against the acquittal pronounced by the Magistrates Court in the Brikama Mosque case; would appreciate receiving a copy of the judgment together with information on the grounds for the State's appeal;
6. Remains deeply concerned at the provision in Section 13(1) of Schedule 2 to the 1997 Constitution in that it establishes impunity for all acts and omissions of public officials committed between July 1994 and January 1997, and points out that the United Nations has consistently urged member States to combat impunity and take the necessary action to this end;
7. Recalls that, as a party to the International Covenant on Civil and Political Rights, including its First Optional Protocol, and to other international and regional human rights instruments, the Gambia has subscribed to international human rights norms which its authorities have to respect and implement at the national level, and affirms that it is the duty of the judiciary to review the conformity of national law with such international norms;
8. Requests the Secretary General to convey this decision to the competent authorities, including the Attorney General and Secretary of State for Justice and the Secretary of State for the Interior, inviting them to provide the requested information;
9. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (October 1999).

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