CASE N° GMB/01 - LAMIN WAA JUWARA - GAMBIA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 165th session (Berlin, 16 October 1999)

The Inter-Parliamentary Council,

Referring to the outline of the case of Mr. Lamin Waa Juwara, a member of the House of Representatives of the Gambia dissolved in 1994, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/165/12(b)­R.1), and to the relevant resolution adopted at its 164th session (April 1999),

Taking account of the information and observations supplied by the Office of the Attorney General's Chambers & Department of State for Justice on 6 July and 2 August, and by the Speaker of Parliament on 24 August 1999,

Recalling the following facts on file:

• On 29 July 1998 the High Court rejected Mr. Juwara's claim for compensation for the many arbitrary arrests and periods of detention he suffered at the hands of officials acting under the authority of the Armed Forces Provisional Ruling Council (AFPRC) which took power after Parliament's dissolution in 1994, and ruled that the alleged conduct of the defendants in this action was not subject to the jurisdiction of the courts since 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,
• 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 night of his arrest Mr. Juwara was subjected to severe ill-treatment by security agents, sustaining serious injuries as a result; 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; 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"; he was reportedly denied any medical care while in prison, apparently by order of the Secretary of State for the Interior, Mr. Momoudou Bojang,

Considering that, according to the information supplied by the Attorney General's Chambers & Department of State for Justice, "the Government is still looking into the issue, in order to come up with a final solution",

Recalling that in June 1998 Mr. Juwara, together with others, was arraigned in Brikama Magistrate's Court and charged 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"; that, on 22 February 1999, the Brikama Magistrate's Court acquitted them ruling that there was no case to answer; that, however, the State filed an appeal against that judgment which was due to be heard on 27 July 1999,

Noting that, by letter dated 23 September 1999, referring to the Committee's earlier invitation to a hearing, the Attorney General's Chambers & Department of State for Justice stated that "it was now the official position of the Gambia Government to do its utmost to endeavour to meet the Committee on the Human Rights of Parliamentarians, through the Honourable Attorney General or her representative to facilitate a direct exchange of views" ; that, although a representative could not come to the Committee's present session, the Attorney General's Chambers & Department of State for Justice, in a letter dated 8 October 1999, reaffirmed "its commitment to meet the Committee at a later session ...",

Noting that, in his communication of 24 August 1999, the Speaker of the National Assembly stated that Mr. Juwara's case was before the appropriate court and therefore sub judice, for which reason the Assembly could not interfere,

1. Thanks the Speaker for his observationsand the Attorney General and Secretary of State for Justice for the information and observations her Office supplied, and greatly appreciates the spirit of cooperation they displayed; hopes that a meeting with the Committee can indeed be arranged at its next session;
2. Wishes to point out that it is not in any way suggesting that Parliament hinder the proper functioning of the judiciary; wishes, however, to recallits constant position that Parliaments are guardians of human rights whose observance they must ensure by enacting legislation, guaranteeing the independent and impartial functioning of the Judiciary and overseeing the action of the Executive;
3. Notes with deep concern that Section 13 of Schedule 2 of the 1997 Constitution has the effect of legalising impunity in respect of crimes committed by office-holders of the AFPRC, and is thus contrary to the international human rights norms suscribed to by the Gambia, and stresses that Parliament, as lawmaker, is responsible for bringing national legislation into conformity with the international human rights instruments;
4. Recalls further its concern at the serious allegations of ill-treatment inflicted on Mr. Juwara while in police detention, and affirms that Parliament, in the exercise of its function of overseeing the Executive, should inquire into reported violations of human rights, such as allegations of ill-treatment of persons in police custody;
5. Reiterates its wish to ascertain (a) the result of the investigations instituted to punish those responsible for assaulting Mr. Juwara whose identity is seemingly known, and (b) the outcome of the appeal against the judgment of Brikama Magistrate's Court in the Brikama Mosque case;
6. 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 and the African Charter on Human and Peoples' Rights, both of which guarantee the right to freedom from arbitrary arrest or detention and from torture and 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 therefore that the Gambian authorities, including Parliament, have a duty to ensure respect for those fundamental rights;
7. Requests the Secretary General to convey this resolution to the competent authorities inviting them to supply the requested information;
8. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April-May 2000)

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