Gambia: Detention Without Trial is Unconstitutional


Impunity will never be history in The Gambia as long as there is detention without trial regardless whether it involves the military or the civil population. Presumption of innocence is the starting point of an impartial and independent judicial system. If guilt is presumed then there is detention without trial. If innocence is presumed, then there can be no detention without trial.


The government has to decide whether it wants impunity to come to an end or to remain. It is therefore important for the Gambian people not to go to sleep just because a new government is in place. The new government needs to be kept awake so that it does not become immune to criticism.

A truly democratic government matures by taking criticism seriously and assimilating recommendations which are designed to enable it to deliver the justice and services that the people need.

We expect the government to come up with a position whether it will tolerate the arrest and detention of military personnel it detained in gross violation of section 19 of the constitution. History is recording. Actions will determine the final verdict given by history. The future will tell.