By Assan Bah
The National Human Rights Commission (NHRC) has called on the government to investigate, suspend and prosecute state agents found wanting for maltreating individuals while on duty.
They also called on the state to prosecute private individuals accused of engaging in acts of torture.
The commission said despite the enactment of the Prohibition of the Torture Act by the National Assembly in March 2023 which provides the legal framework for the prohibition, prevention and punishment of any form of torture and other forms of cruel, inhuman, or degrading treatment in The Gambia, some individuals are still torturing others.
It reported on its 2023 state of human rights report that the commission during the year under review has received five (5) complaints of alleged torture, inhumane and degrading treatment, or punishment. “One of the alleged complaints was reported against a police officer in the Upper River Region, two were reported against Drug Law Enforcement Agency Officers in CRR and WCR, one against Immigration Officers in Brikama, and one against a local psychiatric treatment centre in West Coast Region.
“On July 20, 2023, Justice Tabally of the Brikama High Court delivered a landmark judgment against police officers who were found guilty of torture against a civilian. The Applicant filed a lawsuit against police officers at Farato Police Station, accusing them of torture and violating his rights. The Court granted the complainant a total of D425,000 (four hundred and twenty-five thousand Dalasi) as compensation and legal and administrative costs.
“In September 2023, Bakary Mankajang, a social media influencer, was called for questioning by the Police and detained incommunicado for three days before being charged with interfering with prosecution witnesses identified for the OusainouBojang murder trial,” the rights commission said.
“Mr. Mankajang alleged that he was deprived of food, water, and access to legal representatives during his detention at the Police Anti-Crime Unit. He further told The Standard Newspaper that his family did not know his whereabouts. The earlier mentioned complaints lodged at the NHRC and the case of Mankajang all point toward instances of torture.”
The commission further stated that a story monitored on social media in April 2023 reported a case of a man in Nema-Su who reportedly tied a young girl, said to be his niece, to a tree and subjected her to serious beating.
“A neighbour reported that the girl was beaten and tied to a tree for over six hours by her uncle. This prompted many Gambians to call for the alleged perpetrator to be brought to book. Officers of the Commission visited the Police Station where the accused was detained to get first-hand information about the case. It was confirmed that charges were preferred against the accused for prosecution,’ it reported.
The commission said despite the commendable progress the government made in combatting torture as a human rights violation, the State is reminded of the need to put in place an implementation mechanism for this Act to enforce its provisions and also ratify OPCAT.
The rights commission, which is mandated by an Act of the National Assembly to promote and protect human rights in the Gambia, said it received a total of seventy-one (71) complaints of alleged human rights violations, of which nineteen (19) were against law enforcement agencies namely the Gambia Police Force (GPF), National Drug Law Enforcement Agency (DLEAG), Gambia Armed Forces (GAF), and the Gambia Immigration Department (GID) in 2023.
The commission challenged the government to put in place the implementation infrastructure for the Prevention and Prohibition of Torture Act 2023 and enforce its provisions; investigate, suspend, and prosecute the state agents responsible for the maltreatment of Bakary Mankajang and prosecute private individuals accused of engaging in acts of torture.
“Ratify OPCAT and set up the National Preventive Mechanism, the Ministry of Interior, in collaboration with the Ministry of Justice, to develop training manuals on the Prevention and Prohibition of Torture Act for law enforcement officials. Train law enforcers on the Prevention and Prohibition of Torture Act 2023,” it further recommended.
It further urged the Ministry of Health to develop regulations and guidelines for the operation of traditional psychiatric centres in The Gambia.
