By Assan Bah
The National Human Rights Commission (NHRC) in its 2023 State of Human Rights Report recommends the training of Police Officers on arrest and detention procedures, and the Prevention and Prohibition of Torture Act 2023.
The commission said even though the power to arrest is within the jurisdiction of the Police, it said arrest and detention need to be done or exercised in line with the provisions of the 1997 Constitution and other international human rights instruments that The Gambia is a party to.
The commission said: “In October 2023, Alagie Bora Sissawo, a Talk Show co-host on Kerr Fatou, was arrested and held by the Gambia Police Force (GPF) beyond the 72-hour constitutional legal limit following the revocation of his bail.
“The Police detained Mr. Sissawo incommunicado over comments he made on social media in reaction to remarks by President Adama Barrow. Mr Sissawo also alleged that he was tortured by the Police while in custody.”
“Following his release, Mr. Sissawo took legal action at the High Court against the Inspector General of Police (IGP) and the Attorney General claiming, amongst other things, that his detention between 4th October to 10th October 2023, was unlawful and a violation of his fundamental rights and freedoms guaranteed by the 1997 Constitution of the Republic of The Gambia,” it added.
The rights commission further reported that: “The High Court in its judgment held that Mr. Boras’s detention was arbitrary, unconstitutional and a violation of his right to personal liberty. Mr. Bora was awarded GMD500,000 (five hundred thousand Dalasi) compensation and the IGP was ordered to desist from arbitrary arrests of citizens.
Giving its recommendations to the GPF, the Rights Commission recommended that the police should follow due process in the arrest and detention of individuals suspected of a crime as well as refrain from committing acts of torture, and inhumane and degrading treatment against individuals in police custody.
“Train officers on arrest and detention procedures and the Prevention and Prohibition of Torture Act 2023 and respect, honour, and enforce decisions, judgements, and rulings of the Courts,” the commission advises.
