Justice At Last-Hissene Habre Found Guilty Of Crimes Against Humanity

Former Chadian  President Hissene Habre has been found guilty of crimes against humanity for ordering the killing and torture of thousands of political opponents during his rule from 1982-1990.

He was sentenced by the Special African Chamber in Senegal to life in prison. It marks the first time that the Court created by the African Union has tried a former leader for human rights abuses.

    
A special court in Senegal on Monday sentenced former Chadian dictator Hissene Habre to life in prison after convicting him of rape and crimes against humanity.
"Hissene Habre, this court finds you guilty of crimes against humanity, rape, forced slavery, and kidnapping," said Gberdao Gustave Kam, president of the special court.
On the charge of rape, Kam said he had committed "non-consensual sexual relations on three occasions, and a non-consensual oral sex act."
The case, at the Extraordinary African Chambers (CAE) -- a special tribunal set up by the African Union under a deal with Senegal -- is the first time a country has prosecuted a former leader of another nation for rights abuses.
Habre has declined to address the court, refusing to recognise its authority.
Activists hope the landmark case could encourage others to bring similar action.
Chadian investigators found that at least 40,000 people were killed during Habre's rule, which was marked by fierce repression of opponents and the targeting of rival ethnic groups.
Witnesses have recounted the horror of life in Chad's prisons, describing in graphic detail abusive and often deadly punishments inflicted by Habre's feared secret police, the Documentation and Security Directorate (DDS).
Victims were subject to electric shocks and waterboarding while some had gas sprayed in their eyes or spice rubbed into their genitals, the court heard.
Habre's defence team argued that he may have been unaware of abuses on the ground.

“Ban Ki-moon And Amnesty International Can Go To Hell" Dictator Jammeh

Gambian President Yahya Jammeh has slammed UN chief Ban Ki-moon and Amnesty International for demanding an investigation into the death in custody of an opposition activist, the Jeune Afrique weekly reported Sunday.

“Ban Ki-moon and Amnesty International can go to hell! Who are they to demand that?” said Jammeh, who has ruled Gambia with a rod of iron since 1994.

Solo Sandeng, a senior figure in Gambia’s main opposition United Democratic Party (UDP), died in custody in April after being arrested for participating in a rare demonstration calling for Jammeh’s removal, according to his party and Amnesty International.

At the time, a government minister said he was unaware of his death.

But Jammeh struck a defiant note.

“I don’t see the point. People die in custody or during interrogations, it’s really common. This time, there is only one dead and they want investigations? I will not,” said the outspoken leader.

“No one can tell me what to do in my country.”

Speaking to Jeune Afrique, which provided AFP with the original English quotes, the 51-year-old said he was “proud” to be labelled as a “dictator” by western powers whom he claimed were used to African heads of state being ‘yes men’.

If he were a dictator, he was a benign one.  

“I am just a dictator of development,” he said.

“When I took power, this country was one of the poorest countries in the world. This is no longer the case. There is an opposition, an elected parliament, we have one of the best public health systems,” Jammeh insisted.

• ‘As long as God wants’ –

He also rhetorically questioned the value of double-digit growth if that left schools empty because of children being forced to work.

Jammeh, who said he would remain president “as long as God and the people wish”, seized power in a bloodless coup in 1994 and was then elected in 1996. Since then, he has been repeatedly reelected for five-years terms and will stand again in presidential polls slated for December.

But Amnesty secretary general Salil Shetty blasted Jammeh’s “murderous” regime and slammed neighbouring states for not speaking out against it and against the human rights abuses in Gambia.

“In Gambia, things are going from bad to worse. Journalists and civil society are under attack,” Shetty told a rights conference in Senegal where he claimed the results of the upcoming presidential poll were “known in advance”.

Shetty urged Senegalese President Macky Sall and the Economic Community of West African States (ECOWAS), which Sall currently chairs, to speak out and “take their responsibilities” in doing so. Not to do so would be “shameful,” he added.

© 2016 AFP

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ANC Official Foresees Darboe’s Troubles

An executive member of the governing African National Congress has prophesised the arrest and detention of Gambian opposition leader Lawyer Ousainou Darboe in March 2015. Ebrahim Ismail Ebrahim, a former deputy Minister of International Relations and Cooperation of South Africa, told Mr. Darboe to prepare for the worst.

“Mr Darbo, I spent 19 years in prison at Robin Island and it was hard,” Mr. Ebrahim told Darboe at a Socialist International conference on peace and security in Bamako, Mali. “However, upon release and upon the election victory of Mandela, the 19 years went in thin air. It was like one day or half a day. This is because to eliminate the fear and terror people have of our own government police, secret police and evil torturers, was a pleasure I cherish and I am afraid to tell you.” Ebrahim said “before your situation in Gambia gets better, it will get worst for you personally. You are a nice person, and you will not give up. So expect it to get worse before it gets better, but it is worth it for your people.”

Mr. Darboe attended the Bamako conference together with Suntou Touray who was standing few arm’s length as the elderly South African uttered what would later become a reality exactly one year one month later.

Meanwhile, Mr. Darboe and co remain strong and  appreciative of all what Gambians have been doing to see them in court or at Mile II.

The remanded UDP leadership that was refused bail in the name of national security remains upbeat even in the face of rulings by Yahya Jammeh’s kangaroo courts. Justice Eunice Dada at the High Court last week ruled in favour of the state to refer counts 5 and 6 to the Supreme Court for interpretation. She also ruled against the defence that the case should start afresh.

As a faithful Muslim and firm believer of Allah, Mr. Darboe has not lost hope on the redemption of the Gambia. He believes strongly in the goodness of Gambians. He kept smiling during the last court sitting on Thursday upon realising that some Europe based Gambians came to witness the hearing. The visitors shook hands with the UDP leader and co.

“Darboe looks visibly moved by our desire to visit the country purposely to show solidarity with him,” one of the men said. “He really appreciated our action. He just smiled saying “you came all the way to see us.”

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"l Landed On Top Of Mr Darboe Who Was Then Bleeding Profusely On The Head'Femi Peters

  

Following the procession towards Africell on Kairaba Avenue we were attacked

around the FIB Building just after comium by some Plu officers who came down

from a truck. one of them identified me with my yellow T' Shirt and informed his

fellow officer "he is one of them, can't you recognize him'" From that moment

on they hit me with their batons. They wore boots which they used to kick me on

my left hip where I had a fracture before'

l was then asked to climb  the   truck and l said l couldn,t  c|imb inconsequence

of which I was forcefully thrown into the truck and l landed on top of Mr Darboe

who was then bleeding profusely on the head' From Kairaba Avenue I together

with others were taken to the plu Headquarters in Kanifing.

As we descended from the truck Mr. Darboe was slapped by a Plu officer on the

reft cheek and one of us Dodou ceesay said to the said officer "you are treating

unfairly those of us who are standing up for you and he too got a slap and a blow

across his face.

I was assisted to come down from the truck into the premises of the Plu' we

were then asked to assemble and then we were examined'

Later on in the evening of 15th April 2016 I was called and asked to make a

statement which I said I would not do until I get to court. I was called again the 2nd

time that night and told that I am by charged with unlawful assembly and that I

shourd make a statement. Again r tord them r do not want to make any statement'

The following day sunday those who were injured were given medical assistance'

rn the evening we were taken to mire 2 centrar prisons and photographs taken of

ail of us and some of us incruding myserf were escorted to so[tary confinement

without access to a lawyer. The cell I was taken to is a room 2 meters wide with a

small door, no mattress and the place was full of cockroaches' rats and

insects/mosquitos. lt was only 3 days later that I was moved to a different cell'

some of our personal belongings were taken from away from us at Mile 2 such as

my house keys and mobile phones of other persons'

lmaketheabovestatementtothebestofmyknowledge,Wt

SWORN BY THE SAID FEMI PETERS

AT BANJUL

This >4- daY of MaY 2016

BEFORE ME

A COMMISSIONER FOR OAT

I heard Nogoi Njie crying saying "Fatoumatta has passed away" Fatoumata Jawara

            

I asked what was going on. When I asked this question, one of the paramilitary officers slapped me. We were then taken to the PIU in Kanifing. Around 5pm to 6pm on the same day, we were moved to the remand wing of mile two.They locked us there until around 1-2 am. We were called by prison officers to come out. I thought that they are going to release us but unfortunately we were escorted to the NIA. It was a large number of us. From PIU there were about 27 of us taken to Mile 2.

Name: FATOUMATTA JAWARA,

Address: Tallinding,

Age: 26 years

Status: Married with 3 children aged 7 years, 4 years and 3 years

On the 14th of April, I went to school to collect my handouts because I had a test the following Friday and Saturday. I attend MDl.

On my way back home, I got out of the commercial vehicle around Westfield. When I got off the vehicle I saw people running from all directions. They were being chased by paramilitary officers.

I didn’t know what was going on. I started running as well. I was chased by one paramilitary officer. Afterwards 3 officers started to chase me. They caught me and threw me inside a truck. They were stamping on me with their feet. There were other people in the truck. The officers were just picking people up and throwing them at the back of the truck.

I asked what was going on. When I asked this question, one of the paramilitary officers slapped me. We were then taken to the PIU in Kanifing. Around 5pm to 6pm on the same day, we were moved to the remand wing of mile two.
They locked us there until around 1-2 am. We were called by prison officers to come out. I thought that they are going to release us but unfortunately we were escorted to the NIA. It was a large number of us. From PIU there were about 27 of us taken to Mile 2.

When we were being taken to NIA, we were taken in different vehicles. I was escorted together with Fatou Camara and some other officers on one vehicle. From there we were taken one by one into a room. I don’t know where they had taken my colleagues. I didn’t see Solo.

I was taken by one tall man who tied his head with a scarf. He just grabbed my back. I could not move. He used my head tie to cover my face, head and mouth. He was speaking to me in Mandinka language and saying “are you UDP, you people are spoilers, you want to destroy this enjoyable regime but we will deal with you guys”.

They took me to one dark place; I cannot tell where I was because my face was covered with my head tie. They undressed me and I was so seriously beaten until I collapsed.

When they stopped beating me they took me to another room. I heard them talking, someone was saying “give her water”. Another person said they should wait because if they give me water, I will die.

They put me on a desk. I sneezed and they said; now she is okay. One of them said to me “Fatou you are a strong hearted woman, we have heard about you but somebody will narrate this to you but you will not narrate it”.

They were speaking to me in both English and Mandinka. From there, they called more than 10 fat men inside that room and they asked them to rape me. I told them I don’t know any man but my husband and it would be better for them to kill me. I would rather die. They stopped.

They wanted to take me to an interview room. I could not walk. They just picked me and threw me in there.
Before I was beaten, just after we arrived at the NIA, they had forced me to give a statement that I was amongst the protestors. I gave the statement before I was beaten. They told me that if I don’t give the statement, “they will take me away”.

I gave a statement. Someone wrote the statement and I signed it. I cannot recognize the men who were beating me. I could see their shadows through my head tie but I would not be able to recognize them.

I was taken to an interview room. There was a video man recording the interviews. When they questioned me, I was trying to answer but I was not very coherent. When they saw this they asked the video man to leave. They gave me water to drink. They asked me if I knew Darboe and I said yes.

There was a first interview before I was beaten. They asked me if I knew Mr. Darboe and if I belong to any political party. I answered yes. They asked if he was part of it and I said no, Mr. Darboe is a law abiding citizen. They told me that I am a position holder in the party. I told them yes and I told them my position. I am the Female Youth Wing President.

They told me that as a position holder such will not happen without your notice. I told them that I didn’t know what is happening. I was just coming from school. That was when they threw me outside the room. Some officers dragged me. When they are beating you, they continuously pour water on you. After the interview, I was taken to a room and thrown on the floor with my wet clothes.

After they beat me, they gave me my wrapper and left me on the ground. I was in the room with Fatou Camara.

When I called the officers, they wouldn’t respond. I was calling out for help. One man then came and asked me what I want. I told him that I want to drink and use the bathroom. He called 2 ladies to assist me. They took me to the toilet with a wheel chair because I could not walk.

They made some hot water to bathe me. They all started crying because of the injuries on my body. After they bathe me, they took me back to the room. I collapsed again. I heard Nogoi Njie crying saying “Fatoumatta has passed away.” I could hear that. Around midday I found myself in a clinic. I saw Fatou Camara. I asked what happened and they told me that I collapsed. The clinic was inside the NlA. I started urinating blood. I was at the clinic for about 13 days. I was urinating blood. It stopped the day before we were taken to Mile 2. There were 2 ladies taking care of us at the clinic. I was bleeding all over.

I told one of the men that even if I had broken the law, they had the responsibility to look after me. That if anything happened to me, they would be responsible. After that they brought in very good medicines so our wounds could be healed before being brought to Court.

Some of the NIA officers were not allowed in the clinic because it was said that they were disclosing our condition over the internet.

3 days before we were taken back to remand, we were moved from the clinic and taken to a cell where we were detained. We only saw people when they came to bring our food. We were taken to Mile 2 last Thursday (28th April 2016). We are at the convict wing because they say remand is full.

Now that we have been taken to remand, we don’t have access to medicine or family. The food they are giving us is very bad and our families don’t have access to bring us food. The Doctor at NIA said we should bathe with hot water because of our injuries. We don’t have access to hot water to bathe with now.

I still have injuries on my body. I have the wrapper that is stained with blood.

We are made to go and greet the Prison officers every morning. Also when the 2no shift come in the afternoon we have to go and greet them. We have been warned that if we don’t greet them, we will know. I don’t know who they are. They are prison officers.

They are not treating us well at Mile 2. They don’t want to assist us. They create problems for anyone who tries to assist us.

I make the above statements to the best of my knowledge information and belief.

SWORN BY THE SAID FATOUMATTA JAWARA

AT BANJUL

This 11th day of May 2016

Before me

A Commissioner For Oaths

Dodou Manneh

Notary Public

High Court of The Gambia

Signed on May 11th 2016
The above statement of Fatoumatta Jawara was taken in the Courtroom on the 4th day of May 2016. This was the first day she was brought before the Court. There were several PIU and other security officers who were in the Court room and who were present during the interview. She was very intimidated by the presence of these security officers some of whom were carrying arms.

She halted several times during the interview to express fear at the fact that they were listening to her interview and could hear what she was saying. She also expressed fear of the consequences of giving the statement and whether she would experience more torture when she returns to the Central Prisons at Mile 2.

She showed me the scars on her body from the beatings and torture she suffered whilst under detention at the National intelligence Agency (NlA). There were several scars visible on her legs and back. She also complained that her she felt that she might have internal injuries due to the fact that she had been urinating blood and that she was still feeling a lot of pain particularly around her abdominal region.

FEMALE LAWYER’S ASSOCIATION – THE GAMBIA

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3 More Youths Missing Since..

Three Gambian youths namely; Lamin Marigo (Comes), Lamin Sey (L-Tigo) and Pa Landing Jobe have been reported missing in The Gambia since May 9th around 6:30 in the evening. Credible reports from concerned friends and family members indicate that all three youths, in their late 20’s were last seen outside Ousainou Darboe’s residence in Pipeline where they were picked up by Gambian Security Personnel.

To date the young men have been held for 17 days, exceeding the 72 hours constitutional limit. In response close friends and family members are demanding for their immediate release. All three have been described as responsible hard working youths. Concerned friends are also campaigning for their immediate release and if they have indeed fallen foul of the law, they should be formally charged in court.

Lamin Marigo pictured in the first photo below, is a 28 year old male commonly known as Comes. Recently married Marigo, a videographer and editor by profession is of Mandinka descent from Latrikunda. He’s family members raise heightened concerns that he suffers from asthma and has an acute breathing problem. This underlines the urgent need for his immediate release as prison conditions are often unsuitable for detainees with any medical conditions, especially asthma. Authorities are hereby reminded of their duty to ensure access to adequate medical facilities for his wellbeing.

Lamin Sey pictured in the second photo below is a 28 year old Fula male with a Mandinka lineage. Commonly known as L-Tigo, he is fluent in English, Wollof, Mandinka and Fula. Sey is his family’s bread winner and a responsible businessman with employees. Sey an established tailor by trade runs a tailoring shop in Serrekunda, Bundung area with employees working under him. Sey’s mum suffers from common illness (heebon) and he is the sole carer for her wellbeing.

Pa Landing Jobe pictured in the third photo below is a 27 year old businessman from Talingding. His family members are very concerned and worried about his wellbeing as he constantly suffers from air shortage resulting in airlock.

On May 25th Gambian based news outlet Foroyaa published an editorial that families of arrestees are searching for their loved ones. This editorial states that keeping family members in unknown places is a “gross violation of section 19 of the Constitution”. Foroyaa has been publishing editorials of enforced disappearances for years now which the government continues to ignore with impunity.

Gainako’s Youth activist Flex Dan said “Family members cannot expect the government to feed and keep their loved ones safe as duty-bound in the constitution. It is a constitutional right of every family member to have access to their loved one. Since the state often provides poor food to prisoners it is incumbent on family members; to take their loved ones food, demand for access to medical attention and for their quick release. Looking at past cases the longer people are held incommunicado the more difficult it can be to trace them.”

Recently exiled Gambian rapper activist Jerreh Badgie “Retsam” lamented on the issues facing Gambian Youths. “My generation is either taking the back way or in illegal detention with no second chances for simply exercising their fundamental rights. This could happen to your father, brother or cousin. So it’s up to everyone to say no to illegal detention by speaking out. Family members must be devastated by this ongoing situation and we’re equally concerned for their wellbeing. We can’t afford to sit down and watch this repression continue for too long, we demand for their immediate release!”

In a Facebook post by another exiled Gambian rapper activist Ali Cham “Killa Ace” he vents his disapproval at the news of their incommunicado detention. “Who’s going to be next, and when will this madness stop? Fire in my heart, more rage, more reasons why we lost hope in the system. #FreeDem”

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A FALLEN HERO – EBRIMA SOLO SANDENG – Gambia’s Steve Biko

When the news that Solo Sandeng, had died in custody reached me I received it with a great deal of skepticism and incredulity. Solo cannot die. He was too active, too needed by the whole of the country. It was only a couple of months ago that he was unanimously elected to the exalted position of  the National Organising Secretary at the Party congress held in Basse. I had spoken to him a few days before that fateful day of 11th May and he was full of life and determination. But I must admit his voice was full of foreboding. “Koto, this has to stop. This man wants to get rid of all opposition parties. “The series laws that the National Assembly has just passed is last effort to kill and bury us all”. He went on to talk other matters that I now find difficult to recall. With the revelations reportedly made recently in Dakar by the Minister of Interior, one would have given up hope that Solo is alive. Nevertheless, until we see his body we can hope upon hope that he may alive.

If Solo is really dead, today Wednesday, 22nd May would have been the fortieth day of his demise and in accordance with tradition, we should be remembering him and praying for him.  The UDP intends therefore to mark the day with prayers and remembrance of this man who did so much to bring awareness of the plight of Gambians and the vicitudes that that go through on a daily basis. We will pray first and foremost that he is still alive and secondly, that Allah grant him Janaa Firdausi in case he is no more. Solo Sandeng deserves all our prayers not only for the brave deeds but the glimmer of hope that we all have that he may, despite all our fears he may still be alive.

As we celebrate the life of Solo, let us remember the man  was Solon. Solo was born in Dippakunda, Serekunda. He was from a large religious Mandinka/ Sarahule family. Solo has, since young days been an organizer of people. In his native town of Dippakunda, he saw the struggles of the women folk involve in batik and tie and dye cloth making and organised them into a cooperative – the Chub town Women’s society and the membership grew and prospered.

One amazing thing about Solo was that he never sat in a school classroom. Yet still he wrote brilliant reports and newspaper articles that would be considered well written by any university graduate. At one of the international conferences that he attended, he was elected to chair one of the working groups.

Dedicated and devoted to the duty to party and country and as Secretary to the UDP Youth Wing, Solo travelled the entire length and breadth of the country with his late comrade and President of the Youth Wing Mr. M L Shyngle Nyassi. Thanks to this tandem and other members of the Wing, membership of the party extended to all nooks crannies of the country. With the loss of these party stalwarts, the UDP is poorer for it.

He represented the party at international meetings in Africa, South America and Europe organised mainly by the International Union of socialist Youths, the youth branch of Socialist International. Over the years he built a very strong bond with the regular delegates of various countries.

Solo did not devote all his time and energy to politics and the UDP. He was for some time Assistant Administrative Secretary of IOGT, an NGO working in the area of the fight against use and abuse of tobacco, illicit drugs and alcohol, particularly among youths. He was also Assistant Secretary of Lions Club and represented the Club at several meetings in Senegal.

Above all his ever present personality in the social and political life of our community, Solo was a good husband and father. He was devoted to his family and was always busy planning for the advancement of his children. He has left behind a family of hard working children and a devoted wife Nyima who in her own right is a stalwart of the party’s Female Wing. Solo was a devote Muslim and anywhere you meet he had a copy of the Quran with him. He used to read the holy book cover to cover once a month.

The United Democratic Party has lost a dedicated and willing member. He was a combination of a fearless foot soldier and an intelligent party officer whom it will be impossible to replace. He spoke both Mandinka and Wolof with dextrosity and was regularly interpreting in one or the other of these languages at public rallies and meetings. His gratuitous death will be marked as one more senseless and incredulous and desperate acts of a decadent and corrupt regime that has for over two decades reeked immense havoc and sorrow to every family in Gambia The UDP membership along with scores of thousands of sympathizers all over the world, the majority of whom do not even know him, pray that God the Almighty grant him peace wherever he is and protect his young family. He goes to join heroes the like of Steve Biko. We will miss him.

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Source www.kaironews.com

Late Moro’s Family Grateful To You All

The family of late late Moro Fofana is extending its appreciation and gratefulness to all those who render support in raising funds to help send his (Moro’s) body home for a fitting burial. Moro, a young Gambian met his untimely death in Italy a fortnight ago. Train accident claimed the Jarra Sankwia native’s life.

“On behalf of the family, I wish to thank Gambians for their tremendous support in raising funds to send our brother’s remains home,” Yahya Fofana, the late Moro’s brother said. “We are grateful to all of you for your material, moral and spiritual support during this very trying time. Special appreciation goes to the Jarra Associations in the UK and the US. We equally appreciate the management and staff of Kairo News for the brotherly services they have offered.”

Moro’s remains are expected to arrive home on May 27th. He will be interred in Serekunda on Saturday May 28th.

“Our entire family both home and abroad pray for Allah’s reward and mercy to shower on all those who support in cash or kind. Your words of consolation have helped us in our adjustment with an unexpected tragedy. You have shown us that we share the grief and pain,” Mr. Fofana said.  Fofana, who is currently in Italy, is highly indebted Moro’s friends and the Gambian community in Italy.

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Disagreement Over Jurisdiction In April 14 Protest Case

News just in highlighting that, protesters Legal defence team Decline to Travel to Mansakonko for the April 14 protest hearing today. The issue of disagreement is about Jurisdiction of the alleged crime. The incident did not happen in Mansakonko territory.

The Chief Justice is said to be already notified by the defence lawyers and the state has to leave the case in the Jurisdiction where protest happen or prosecute without lawyers.

Are Gambian Lawyers shaking the legal system also? People want them to adopt the Universal style of doing briefings after each hearing. That will elevate  the crowds in a highly politically motivated.

One of the lead lawyers in the case confirmed to Kairo News that “we will not travel to Mansakonko for the case.”

In a post-Jammeh era there will be lots of systematic institutional changes in all spheres of governance and law…so this is a step in the right direction.

Supporters of the April 14 and 16 protesters will travel to Banjul High court today for the hearing. Gambian lawyers are accused of pomposity, detachment from the ordinary person and difficult to communicate when needed by clients.  In post-dictatorship, many modernisation has to take place to bring our legal institution to modern standard. The Lawyers are providing a pro-bono service for all the protesters which is a welcome development in the Gambia.

Transferring of the case is the government’s calculated decision to drain the energy and resources out of the opposition. However, one United Democracy Party activist said this would have provided publicity to the case upcountry.

“I would have loved to see our provincial people get involved in their own areas. We will always stand with our heroes no matter what,” the activist wrote.

Kiangkas and Jarrankas may not be needed at Mansakonko today since all the defense lawyers decline the state’s request to transfer the to Mansakoko. Unless something change in the coming hours the trial up country will not take place.

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Guinea: New law could abolish death penalty but repressive provisions remain

Several draft laws currently under examination by Guinean parliamentarians propose major improvements to human rights, particularly the abolition of the death penalty and the criminalization of torture. However, a group of 30 non-governmental organizations, including Amnesty International, have today highlighted the fact that these laws still contain repressive and discriminatory provisions.

Guinea is in the process of criminalizing torture and becoming the 19th African state to abolish the death penalty

Francois Patuel, West Africa researcher at Amnesty International.

Thirty organizations have today published a legal analysis of the draft laws on the Criminal Code, the Criminal Procedure Code, the Military Justice Code, the Civil Code and Cybersecurity, all currently being considered by the National Assembly. These organizations are calling on parliamentarians to ensure that the texts are in keeping with international and regional human rights law, including with regard to freedom of expression and freedom of peaceful assembly. They must also ensure that the discriminatory provisions, particularly affecting women, are removed.

"Guinea is in the process of criminalizing torture and becoming the 19^th African state to abolish the death penalty," stated Francois Patuel, West Africa researcher at Amnesty International.

"But these major advances must not be weakened by provisions that would form a real threat to freedom of expression and peaceful assembly, women’s rights and the war on impunity."

Repression of peaceful demonstrations

The signatory organizations consider that the criteria for prohibiting a demonstration are badly defined in the draft law on the Criminal Code. This gives the authorities a wide margin of discretion and enables them to ban peaceful demonstrations for vague reasons that are not in keeping with international standards.

The draft law on the Criminal Code would enshrine already existing practices such as arbitrary bans on demonstrations and arbitrary arrests of individuals exercising their right to peaceful assembly, and would result in the risk of an arbitrary and abusive use of force. The law establishes prison sentences for organizers of demonstrations that are considered illegal under Guinean law or not declared in the proper form. One provision holds the organizers of demonstrations responsible for any possible unlawful acts committed by other demonstrators.

This draft Criminal Code also anticipates the possibility of the use of force by the security services outside the conditions and limits set by international standards. Guinean legislation should, in particular, clarify that the security forces may only use force if other means have proved ineffective or not had the desired results.

"In 2015 alone, the repression of demonstrations and an excessive use of force resulted in around a dozen deaths and hundreds of wounded. The revision of the Criminal Code offers a unique opportunity to provide better protection of the right to freedom of peaceful assembly and to regulate excessive use of force," stated Saïkou Yaya Diallo, President of the Guinean Centre for Human Rights Promotion and Protection (Centre guinéen de promotion et de protection des droits de l’homme).

Impunity and threats facing the right to a fair trial

The signatory organizations consider that the competence of the military court as set out in the draft law on the Code of Military Justice is too far-reaching. It enables military courts to try civilians when they are co-authors or accomplices in offences that fall under military jurisdiction, such as treason, terrorism or military conspiracy. This threatens their right to a fair trial.

Soldiers charged with ordinary criminal offences committed during periods of armed conflict, including torture, rape and the crime of genocide, could be tried by a military court and not an ordinary civil court. This provision might violate their right to an impartial and independent trial. It could also encourage a culture of impunity with regard to human rights violations committed by members of the security forces . Despite the complaints made by the families of people killed in the context of demonstrations in 2015, no member of the security forces has yet been brought to justice.

"Justice for human rights violations must be the same for all. If Guinea criminalizes torture in the draft law on the Criminal Code then it must ensure that the security forces, including soldiers, can be tried for human rights violations by the ordinary civil courts, whether in peacetime or during periods of armed conflict,” stated Clément Boursin, Head of Africa at Christian Action for the Abolition of Torture (Action des chrétiens pour l’abolition de la torture / ACAT-France).

Suppression of dissident opinions

Several provisions could be used to suppress dissident opinions or prevent the disclosure of information on human rights violations. For example, the draft Criminal Code anticipates a sentence of up to five years in prison and a fine of around 233 euros for disrespect, defamation and insult, including in relation to public figures, whether in the form of gestures, writings or drawings.

Under the terms of the draft law on cybersecurity, any person who discloses "information that must be kept confidential" for reasons of national defence runs the risk of being accused of treason or espionage, which carries a life sentence. The dissemination and communication of "false information" is also liable to a sentence of up to three years in prison and a fine of around 11,557 euros.

"These provisions represent a clear step backwards in the protection of freedom of expression. They are based on poorly-defined notions and could be inappropriately used to incriminate people who express dissident opinions, including journalists, bloggers and whistleblowers seeking to expose human rights violations," stated Labila Sonomou, President of Lawyers Without Borders-Guinea (Avocat Sans Frontière Guinée / ASF).

The revision of the Criminal Code offers a unique opportunity to provide better protection of the right to freedom of peaceful assembly and to regulate excessive use of force

Saïkou Yaya Diallo, President of the Guinean Centre for Human Rights Promotion and Protection

Discrimination against women

Some texts under examination by the National Assembly contain discriminatory provisions, particularly with regard to women. The draft law on the Civil Code upholds the general ban on polygamy but authorizes it under certain, poorly-defined circumstances such as "serious reasons of force majeure".

In a report published in April 2016, the United Nations raised concerns over the increase in female genital mutilation in Guinea, which affects 97% of women and girls aged 15 to 49. Genital mutilation generally is criminalized in the draft law on the Criminal Code but the sentence for female genital mutilation may be no more than a simple fine. This seems rather light in comparison with the sentence for male genital mutilation, which ranges from 10 to 20 years in prison, and even a life sentence if the person dies following such mutilation.

According to a study by the UN Population Fund (UNFPA) published in 2012, Guinea has one of the highest rates of child marriage in the world. On average, three in every five girls are married before the age of 18. Although forced marriage is "formally prohibited" and marriage must be based on "free, mutual and willing consent between two adults", the draft law on the Criminal Code provides for exemptions in the case of "particular situations" that are not clearly defined in the text.

"The authorities must ensure that the ban on forced and child marriage applies to all forms of marriage, including customary and religious forms, and they must set the minimum age for marriage as 18 years for boys and girls, in accordance with the African Charter on the Rights and Welfare of the Child," stated Fatou Souaré Hann, Executive Director of WAFRICA - Guinea

Look refugees in the eye: Powerful video experiment breaks down barriers

A poignant new video experiment breaking down barriers between recently-arrived refugees and Europeans will be launched globally by Amnesty International tomorrow, 25 May 2016.

The video, Look Beyond Borders, is based on a theory that four minutes of uninterrupted eye contact increases intimacy. Amnesty International Poland and Polish ad agency DDB&Tribal applied the theory, developed by psychologist Arthur Aron in 1997, to the refugee crisis, sitting refugees from Syria and Somalia opposite people from Belgium, Italy, Germany, Poland and the UK, with overwhelmingly positive results. It was filmed by Amnesty International Poland in Berlin in April 2016.

“We decided to conduct a simple experiment during which refugees and Europeans sat across from each other and looked each other in the eyes. We recorded these very human encounters and the short film speaks for itself. People from different continents who have literally never set eyes on each other before come away feeling an amazing connection,” says Draginja Nadażdin, Director of Amnesty International Poland.

We decided to conduct a simple experiment during which refugees and Europeans sat across from each other and looked each other in the eyes. We recorded these very human encounters and the short film speaks for itself.

Draginja Nadażdin, Director of Amnesty International Poland.

“It takes a heart of stone to watch this video without shedding a tear. Today, when the world appears rife with division and conflict, it is always worthwhile to look at everything from another person’s perspective. Too often, what gets lost in the numbers and headlines is the suffering of actual people, who, like us, have families, friends, their own stories, dreams and goals. What if we stopped for just a moment and looked at who they really are?”

“Borders exist between countries, not people. And it is imperative that our governments start putting people before borders and their own short-term political gain.”

The film shows natural, spontaneous reactions between people meeting for the first time in a warehouse near Berlin’s old Cold War-era crossing, Checkpoint Charlie. The refugees came from Syria and Somalia and had lived in Europe for less than a year.

“We conducted the experiment in Berlin because the city symbolizes the overcoming of divisions. In that sense, the most important thing is to give people time to understand each other better and get to know one another,” said Hanna Waśko, one of the campaign organizers from ad agency Big Picture.

Borders exist between countries, not people.

Draginja Nadażdin

Watch the Look Beyond Borders video on YouTube.

On 19 May, Amnesty International’s Refugees Welcome Index showed that the vast majority of people around the world are taking the refugee crisis personally, with 80% of those surveyed across 27 countries saying they would let a refugee live in their country, 10% in their own home.

In Germany, where the video was filmed, 96% said they would let refugees live in their country.

Gambia Will Remain Prominent On EU’s Agenda

UK Minister for Africa, James Duddridge

The United Kingdom government has promised to ensure that the Gambia remains prominent on the European Union’s agenda. This assurance — made to the Campaigan for Rights in The Gambia UK(CHRG) — came after the EU Parliament issued a joint statement condemning the Gambia government’s excessive use of force against the peaceful opposition protesters. 

“The UK’s position on this issue is firm: human rights are universal and must apply equally to all people,” the UK Minister for Africa James Duddridge said. “UK will therefore, continue to urge the Gambian government to fully guarantee the fundamental rights of all Gambian people”.

Responding to concerns of Rt Hon Tom Brake MP, Liberal Democrat Foreign Affairs spokesperson and former deputy leader of the House of Commons at the request of CHRG-UK on what the UK government is doing to put pressure on the Gambia government to release peaceful protestors, Minister Duddridge said his government has raised the issue through the ongoing EU-Gambia Article 8 Political Dialogue on human rights on April 26, 2016.

“We will continue to press the Gambian government on this. We have raised our concerns on a number of occasions with senior members of the Gambian government. I share your concerns about Gambias poor human rights record.As the only EU member state to have a resident ambassador in Gambia, the UK plays a leading role in campaigning for human rights in The Gambia and in ensuring that the issue remains prominent on the EUs agenda”.

Mr Duddridge said following the Gambia government’s crackdown on peaceful protestors, the UK Ambassador to the Gambia immediately raised UK’s concerns with Gambian Foreign Minister.

“On the multilateral front the UK has voiced its concerns at the United Nations when the Gambia’shuman rights records was evaluated as part of the Universal Periodic Review. The Foreign and Commonwealth Office also focus on Gambia`s record in its 2015 Annual Human Rights and Democracy Report.”

Minister Duddridge also pointed out that the UK support a number of projects in the Gambia to tpromote democracy and human rights. “These projects range from supporting the training of women, paralegals and law enforcement agencies on human rights. At a local level, we have also supported projects in human rights based approach to citizen participation in local government.”

Rt Hon Brake was delighted about the progress being made on the Gambia.  “I am pleased to hear that Mr Duddridge tells me that the ambassador in Gambia immediately raised our concerns with Gambian Foreign Minister. I am also pleased to also hear that the UK is supporting human rights projects within the Gambia,” Hon Brake said.

Ends

source www.kaironews.com

Mr. President, Save Yourself

My Dear President and Godfather,

When I heard the announcement that you were to embark on a country-wide tour this week, I prayed and hope that you were going to bid farewell to the Gambian people, announce that you will not contest for another term in office, repeal all the controversial electoral laws, release Lawyer Darboe together with all other political detainees/prisoners, preside over a free, fair and peaceful presidential elections in December, and then hand over power to whoever Gambians choose.

However, my expectation, and I believe the expectation of the majority of Gambians were dashed by your speech in Farafenni where you threatened innocent Gambians with more violence instead of using words of peace and reconciliation. Everything you have, Mr. President, is gained through the name of the Gambian people so the least they deserve from you is gratitude and respect.

Mr. President, actions speaks louder than words. So while your words may sound confident and defiant, your actions clearly illustrate an overwhelming sense of stress, uncertainty, suspicion and fear. The sight of soldiers engulfing you and clinging onto your vehicle like bats while you struggle under the heavy weight of what seems like a bullet-proof vest and a load of jujus/charms under that immaculate white gown of yours is a clear sign of insecurity and vulnerability. It is only people who are expecting a bullet or a grenade that will go to this level of protecting themselves.

Mr. President, do you really believe that you are a tougher and a better leader than Al Maummar Ghaddaffi of Libya or Joao Bernado Nino Vieira of Guinea Bissau or Francisco Macías Nguema of Equatorial Guinea or Samuel Doe of Liberia who were all mercilessly killed while clinging on to power? Can’t you learn from the fates of Hosni Mubarak of Egypt, Charles Taylor of Liberia, Hissene Habre of Chad, and Laurent Gbagbo of Ivory Coast who were all dragged from their offices to courts?

How about the long list of African Presidents who ended up as refugees after being booted out of office? Idi Amin of Uganda fled to Saudi Arabia; Hastings Banda of Malawi to South Africa; Siad Barry who ruled Somalia for 22 years like you fled to and died in Nigeria; Mobutu Sese Seko, who ruled Congo for 32 years ended up in Morocco; Zine El Abinie Ben Ali of Tunisia was recently kicked out by his own people ran to Saudi Arabia after being denied entry to France; and Blaise Campaore of Burkina Faso who had to scramble for the Burkinabe/Ivorian border like a Sarahulleh hustler as he fled from the wrath of his people after being in power for 27 years.

A common denominator that all these leaders share with you is that they either over-stayed in power or they tried to cling on to power against the will of the majority of their people. And in spite of having access to the same means of security and protection like you including the best-trained security personnel, the best of weaponry, bullet-proof cars/vests and even the best of marabouts, black magic/voodoo/charms or jujus, they still ended up badly. What makes you believe that you are exceptional Mr. President?

Mr. President, you have long over-stayed your welcome in power and the majority of Gambians really want you to see your back. Any single day you continue to stay in office will only increase the threat to your own personal security as well as the difficulty of the situation of our country and people.

The good thing is that there is still a peaceful and positive way out of this predicament for all of us. Please follow the footsteps of Jerry Rawlins of Ghana and make a declaration that you will not run for reelection in December. No one forced you to come to power on 22 July 1994 and so no one will stop you from leaving. Please save yourself Mr. President and exit power in a peaceful and honourable way while there is still that option. Do not under-estimate the kind, religious and forgiving nature of the Gambian people. That is why we are known as the Smiling Coast of Africa.

Long live the Republic of the Gambia and long live our peaceful co-existence!!!!

Culled from:

http://www.lamingano.com/mr-president-save-yourself/