Barely 24 hours after the US government released an incriminating report on the human rights situation in Gambia, Amnesty International has issued a statement, urging the Gambian authorities to either charge or release sacked government officials in their custody.
The statement from the UK based human right organization is contained in a press release issued last Friday evening, in which it Africa Programme Director, Erwin van der Borght was quoted as saying: “Through this latest spate of arbitrary arrests and detentions, Gambian authorities have once again shown their blatant disregard for human rights.”
Among the detained officials are the country’s former police chief, Inspector General Ensa Badjie and former Navy boss, Sarjo Fofona. Also in detention are the former army Chief of Defense Staff and the former anti-narcotic agency boss, among dozens of other former security chiefs.
The human right watchdog is not only contesting their continued detention, but it is also questioning the authorities’ decision to deny family members access to the detainees.
‘‘The Gambian Constitution stipulates that people should be charged within 72 hours of arrest,’’ the statement said. And it added, ‘‘Amnesty International has documented many cases where people have been arrested and held without charge, often with no access to their families or lawyers.’’
According to the statement, the organization has repeatedly called on Gambian authorities to end the arbitrary arrests and detention of perceived and real opponents of the government that have intensified since the alleged failed coup attempt in March 2006. It cited the government’s own assurances at the recently concluded UN Human Rights Council Universal Periodic Review that the country’s Constitution protects citizens from arbitrary arrests and detention, but it added, “the many people that remain detained without charge and that in some cases face torture send a very different message.”
“It is high time for the government to follow its own Constitution and fulfill its human rights obligations. Those arrested should either be charged with a recognizable criminal offence or released,” stated Erwin van der Borght.
Detained rights activist declared ‘prisoner of conscience’
Meanwhile, in a separate statement, Amnesty International also raised serious concern over the faith of a Nigerian Human Rights activist who has been in detention for the past almost two weeks, on allegation of giving false information.
In a statement released the same day, Amnesty described Edwin Nebolisa Nwakaeme as a ‘prisoner of conscience.’ It said it was worried that the founder and Director of the Gambia based human rights organization, Africa in Democracy and Good Governance (ADG), is at risk of a six-month prison sentence.
Amnesty cited newspaper reports that the authorities have also seized the activist’s passport and that there were plans to have him deported to his native Nigeria.
Mr Nwakaeme’s alleged crimes are linked to a letter he purportedly wrote to the office of the president, aiming to enlist the daughter of the Gambian leader, while presenting his organisation as a Non-governmental organisation, despite been registered as charity.
However, while arguing that Charges of "false information" are usually used in cases of fraudulent applications for identity papers, or where people give false identities to government officials, Amnesty pointed out that it considers the charge faced by the activist to have resulted solely from his activities as a Human Rights Defender, and that it considers him to be a ‘‘prisoner of conscience.’’
The UK based human rights organization is therefore requesting that the Gambian authorities drop the charges and immediately and unconditionally release Nwakaeme. It also reminds the Gambian government that ‘‘action of this kind violates international and regional human rights treaties, including the International Covenant on Civil and Political rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR).’’
The statement from Amnesty referenced the widely condemned September 2009 alleged death threat by President Yahya Jammeh, who reportedly told state-owned GRTS television that he would kill anyone who threatened to destabilize the country.
‘‘President Jammeh specifically threatened human rights defenders, and those working with them, by emphasizing that their security and personal safety would not be guaranteed by the government of Gambia,’’ the statement from Amnesty said.
The Nigerian was first arrested on 22 February by the Gambian Immigration Department, but was released three days later. And on March 1st, he was again detained, and subsequently taken to court on March 8th, charged with giving "false information." The activist reportedly refused to plead either guilty or innocent on that day, ‘‘because he did not have a lawyer with him.’’
When he later appeared in court alongside his lawyer, the latter subsequently submitted a bail application which was denied by the seating judge, who remanded him in prison. The case has since been adjourned until 22 March.
Amnesty International officials however remain worried that the activist, who is currently in the widely condemned Mile 2 prisons, might be sentenced to six month's imprisonment or a fine of D500 (approximately $20), a situation they deem unfair.