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Slamming it as “unconstitutional” and a “violation of fundamental human rights”, Ousainou Darboe, one of the leading lawyers in The Gambia has expressed disapproval over the prolonged detention without charge of former CDS Lang Tombong Tamba and other suspects under state custody.

In an interview with The Daily News at his home recently, Mr. Darboe rebuked this act of the state, saying as a lawyer, he is aware that there are offences that are not bailable but that discretion does not lay in the executive but the courts.

Lang Tombong Tamba was allegedly arrested by the state over a month ago. His alleged arrest came barely weeks after he was removed as the Chief of Defense Staff. The deputy Inspector General of Police, Modou Gaye,Yankuba Touray, who until the time of his dismissal was the Minister of Fisheries and Water Resources and National Assembly Matters, were among those arrested, but later was released along with other detainees like Kebba Touray, a businessman.

Ex-Lt. Col. Kawsu Camara, Major Gen. Malamin Bo Badgie, former Director of NIA, Brigadier Gen. Omar Bun Njie, among other detainees are still under state custody.

Darboe said, “Section 19 of the Constitution provides that when a person is arrested, he or she must be tried within a reasonable time and must be brought before a court of law within 72 hours of his arrest.

If that is not done he or she must be released on bailed. The 1997 Gambian constitution, unlike that of 1970, gives a specific time of 72 hours during which a person can be held in detention and if it exceeds this period, it is regarded “unconstitutional, illegal and a violation of fundamental human rights guaranteed by the constitution,” said Darboe.

Darboe argued that the duty of the executive is to take a suspect to court, noting that anyone whose rights are violated should seek redress to assert those rights in a fair trial. “The whole concept of releasing a suspect is to preserve the presumption of innocence,” he said. “The continuous detention of Lang Tombong and Co negates that principle of presumption of innocence”, said Darboe.

He called on the executive to abide by the rule of law and ensure that the constitution, which the AFPRC/APRC government appears to so cherish, is upheld rather than be preaching its provisions so glaringly with impunity.

Darboe went on to indicate that Kayiba Kanyi has taken steps to assert his constitutional rights even though it has still not yielded fruit. He observed that the government ignored, disregarded and disobeyed the orders of the High court, accusing government of treating the judiciary with contempt.

Meanwhile, Darboe’s interview forms part of a drive by The Daily News to seek the opinion of human rights lawyers in the country regarding this. However, many (names withheld) has declined to make any comment on the issue.

Src: Daily News