Amnesty International Report 1995 - Gambia

Three journalists were detained briefly as prisoners of conscience and either convicted or deported. Following a coup in July, more than 40 former officials were arbitrarily arrested and detained without trial. A bloodless military coup in July ended the rule of President Dawda Jawara, Gambia's only leader since independence in 1965. He was first granted temporary asylum in Senegal, and later went to the United Kingdom. The Armed Forces Provisional Ruling Council (AFPRC), led by Lieutenant (later Captain) Yahya Jammeh, which assumed power, claimed corruption had become widespread and pledged to eradicate it. It suspended the Constitution and passed several decrees which allowed for administrative detention without charge in ways which facilitate arbitrary detention. The decrees removed the right of detainees to be informed of the reasons for their arrest and to appear promptly before a court. All political activities were banned from July 1994 and anyone who had been politically active before then could be restricted in their movements, if this was held to be in the national interest. Any member of the armed forces could be detained without trial for up to six months in the interests of national security, and their case would be reviewed in their absence by a Detention Review Tribunal which would report directly to the AFPRC. A number of commissions of inquiry were set up to investigate alleged corruption and the authorities were given far-reaching powers to obtain evidence. In October Lieutenant Jammeh announced that the AFPRC would remain in power until the end of 1998, when it would hold elections. However, after much criticism, internationally and within the country, on 14 December he named a National Consultative Committee which was to present its recommendations by early 1995 for a new timetable for the return to civilian rule. In November the government survived a coup attempt which resulted in a number of arrests and the deaths of at least four soldiers and possibly many more. It was impossible to establish the circumstances of these deaths or the identities of those who died. However, reports suggested that some may have been extrajudicially executed after hostilities ended. Three prisoners of conscience were held briefly. On 19 August Halifa Sallah and Sidia Jatta were arrested after their newspaper, Foroyaa (Freedom), the official organ of the People's Democratic Organization for Independence and Socialism (PDOIS), was banned. They were released on bail on 23 August and charged under Decree 4 which banned political activities. During their trial they argued that the newspaper was produced in the public interest, not to further the ends of their political party. In October they were sentenced to three years' imprisonment which was suspended on condition that they did not engage in any political activity during the transitional period. In October a newspaper owner was detained and, on the grounds that he was a Liberian citizen, eventually expelled from Gambia. Kenneth Best, owner of the Daily Observer newspaper, was told his company had violated tax and immigration laws. However, the real reason for the authorities' actions appeared to be to curb the newspaper's criticism of the government. Other journalists working on independent newspapers were also briefly held or threatened with arrest. Eleven former government ministers were arrested shortly after the coup in July and held in administrative detention; one other was arrested later. They were transferred to house arrest, but redetained for short periods on at least two further occasions. In mid-November they were released on condition that they did not leave the country or engage in political activities. At least 30 members of the security forces were arrested in July and held under Decree 3 which allowed the authorities to detain members of the armed forces for up to six months without charge. It was not clear whether the detention orders were reviewed by the Vice-Chairman of the AFPRC as stipulated in the decree, but the Detention Review Tribunal began to review cases after three months. The tribunal's members were appointed by the AFPRC and its role was limited to submitting recommendations to the AFPRC which could either revoke or extend the detention order. The decree explicitly prevented a detainee from attending or being represented before the tribunal. Sixteen of the detainees were reportedly released during November, either on humanitarian grounds or after their cases had been reviewed by the Detention Review Tribunal, but at least 14 remained in detention at the end of the year. They were held incommunicado for several months, until the International Committee of the Red Cross was granted access to them in December. The secrecy surrounding their detention led to rumours that Kebba Ceesay, Director of the National Security Service, had died in custody. However, it was eventually confirmed that he was alive and receiving medical treatment. At least 13 people, believed to be members of the security forces, were reportedly detained following the coup attempt in November and were still held at the end of the year. Amnesty International expressed concern to the AFPRC about the numerous cases of arbitrary detention and about the inadequate Detention Review Tribunal procedures. The organization also raised its concerns about the expulsion of Kenneth Best and the conviction of Halifa Sallah and Sidia Jatta as these measures restricted freedom of expression and association.