A statement made by the Chief of Defence Staff (CDS) has to be subjected to review by Foroyaa. During his tour of military installations around the country, the CDS told soldiers that the armed forces has a policy to deal with armed robbers, who the people see as a menace in the North Bank.
Foroyaa has spoken to the PRO and he indicated that the statement shoot to kill was made but that any such policy must be bound by the Geneva Convention.
The role of the army is defined in the Constitution. It states:
“The principal functions of the armed forces are:
- to preserve and defend the sovereignty and territorial integrity of The Gambia;
- to aid the civil authorities, at their request, in emergencies and in cases of natural disaster, and
- to engage, at the request of civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of The Gambia.”
The Constitution is clear as regards protection of the right to life. Even robbers have to be brought to justice. Section 18 subsection (1) states:
“No person shall be deprived of his or her life intentionally except in the execution of a sentence of death imposed by a court of competent jurisdiction in respect of a criminal offence for which the penalty is death under the Laws of The Gambia as they have effect in accordance with subsection (2) and which of which he or she has been lawfully convicted.”
Subsection (4) adds:
“Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his or her life in contravention of this section if he or she dies as a result of the use of force to such extent as is reasonably justifiable in the circumstances of the case….”
Hence, section 18 provides for the protection of life and indicates that a person may not be held culpable of taking life if the action is taken that is reasonable and justifiable under the circumstances in order to effect arrest and prevent the commission of a crime.
This simply means anybody who takes life must be able to justify before a court why the life has been taken and it is the court that will determine whether the action was reasonable and justifiable under the circumstances.
The Constitution is very clear on the functions of the armed forces. Hence the Chief of Defence Staff should calibrate his functions and his statements in line with what is constitutionally stipulated.
