The National Human Rights Commission (NHRC) has called on the Gambia Police Force (GPF) to strictly comply with the constitutional requirement that detainees be brought before a court within 72 hours of arrest.
The recommendation was made in the NHRC’s 2024 State of Human Rights Report, released recently.
Citing Section 19(3) of the 1997 Constitution, the NHRC emphasized that every individual has the right to liberty and security of person, and that no one should be held in detention beyond 72 hours without being brought before a court or released, either conditionally or unconditionally.
Despite these clear legal safeguards, the Commission reported receiving six complaints in the past year concerning deprivation of liberty and detention of individuals beyond the constitutional time limit. One notable case involved the December 2024 arrest of Mbemba Drammeh, who was detained after allegedly making allegations of election rigging during a 2021 Presidential election interview on Kerr Fatou, an online TV platform. According to the Commission, Drammeh claimed he was denied access to legal counsel during his detention.
In response, NHRC Chairperson Emmanuel Daniel Joof reiterated the importance of upholding constitutional rights and due process. The Commission issued two key recommendations:
The Gambia Police Force should strictly adhere to the 72-hour detention limit and ensure all detainees have access to legal representation.
The Gambia Police Force should take disciplinary action against officers found to have breached these constitutional requirements.
The NHRC underscored that strict observance of these protections is essential for maintaining public trust in law enforcement and safeguarding human rights in The Gambia.
