And Bring Perpetrators to Account
By Assan Bah
The National Human Rights Commission (NHRC) in its 2023 state of the Human Rights reporthas urged the Gambia government to thoroughly investigate all alleged murders and bring perpetrators to account.
According to the NHRC, the 1997 Constitution of The Gambia provides for the protection of the right to life, and said respect for the integrity of the person requires States to protect the right to life and to respect the prohibition of torture and ill-treatment.
The Commission reminded the state of its duty to protect the right to life and urged them to do so by punishing all perpetrators for the arbitrary killings committed.
“When an arbitrary killing has been committed within the jurisdiction of a state, the State has the duty to prosecute perpetrators and bring those responsible to justice,” it reveals.
“On 15th of May 2023, the dead body of a young 17-year-old girl was found in an incomplete house in Barra. Police investigations so far found out that the half-naked condition of the dead body suggested the deceased may have been sexually assaulted and killed. At the time of reporting, investigations were still ongoing.
“On 3rdAugust 2023, a tailor was stabbed in Latrikunda Sabiji. It was alleged that the victim was stabbed during a heated altercation with a suspect and was pronounced dead on arrival at the Ndemban Clinic. At the time of preparing this report, information reaching the NHRC was that the suspect was still at large.
“In September, two police officers were fatally shot, and another critically injured while on duty at the Sukuta-Jabang Traffic Light roundabout, which is a busy intersection. The suspect identified as one OusainouBojang, was consequently apprehended and is currently being prosecuted for charges which include murder, attempted murder and grievous bodily harm. His sister is also being tried for being an accessory after the fact to murder,’’ the NHRC reports.
While condemning the September incident, the Commission re-echoed that security officials, like civilians, have fundamental rights including the right to life, personal security and protection against violence which it said should be upheld by all as guaranteed by the Constitution.
“On 4thOctober 2023, one Kebba Ndoye was stabbed and killed in Banjul. Even though according to witnesses the deceased mentioned the name of the suspect before his death, information reaching the NHRC is that the suspect remains at large. Several reports reaching NHRC of other alleged murder cases committed in the reporting year, remains unsolved and perpetrators are still at large,’’ the Commission reports.
The Commission further reminded the government of its responsibility to hold perpetrators accountable for their actions saying that the right to life should not be interpreted narrowly.
“The ECOWAS Court of Justice in June 2023 found that The Republic of The Gambia violated the right to life of Saul Ndow, a business person who was abducted in 2013. The Court also found that The Gambia failed to investigate and prosecute those responsible in a timely manner. Consequently, the State is reminded of its responsibility to hold perpetrators to account, because the right to life is a right that should not be interpreted narrowly. The right to life concerns the entitlement of individuals to be free from acts and omissions that are intended or may be expected to cause their unnatural or premature death.
“An important element of the protection afforded to the right to life by the ICCPR is the obligation on States parties, where they know or should have known of potentially unlawful deprivations of life, to investigate and, where appropriate, prosecute perpetrators of such incidents,’’ the NHRC reports.
The Commission therefore recommended the State to thoroughly investigate all alleged murders and bring perpetrators to account, as well as provide the Gambia Police Force with the necessary resources, equipment and capacity to effectively investigate and handle murder cases and other arbitrary deprivation of life cases.
