Arbitrary arrest and judicial harassment of two journalists

GMB 001 / 0912 / OBS 085

Arbitrary arrest/

Detention/

The Gambia

September 13, 2012

The Observatory for the Protectionof Human Rights Defenders, a joint programme of the World Organisation AgainstTorture (OMCT) and the InternationalFederation for Human Rights (FIDH), requests your urgent intervention in thefollowing situation in TheGambia.

Descriptionof the situation:

The Observatory has been informed byreliable sources of thearbitrary arrest and judicial harassment of two journalists, Messrs. BabucarrCeesay, First Vice-President of the Gambia Press Union (GPU)[1],and Abubacarr Saidykhan, a freelance journalist who ofteninvestigates and reports on cases of human rights violations.

According to the informationreceived, in the afternoon of September 6, 2012, Messrs. Ceesay and Saidykhanwere invited to the police headquarters in Banjul to allegedly collect a permitthey had solicited in the morning of the same day in order to organise a peacefulprotest against the recent execution of nine death-row detainees in the country[2].However, both were arrested upon arrival at the police station and kept incustody, without any explanation given to them.

Messrs.Ceesay and Saidykhan spent four days indetention, during which they were reportedly separated, transferred to adifferent police station every night and intensively interrogated. In addition,the police escorted them to theirhouses to conduct a search. On September 7, 2012, the executive members of theGPU as well as their lawyer were denied access to visit them.

On September 10, 2012, Messrs.Ceesay and Saidykhan, were released on bail after signing a bond of GMD 250,000(approximately 6,300 Euros). They are further required to report to the policeheadquarters on September 17, 2012.

On the same day, the initial chargesof “inciting violence” that had been brought against them were dropped, andthey were instead charged with “conspiracyto commit felony” in violation of Section 368 of the Criminal Code. Theyface up to seven years’ imprisonment. However, as of September 12, 2012, nocharge sheet had been delivered to them and the police reportedly stated thatthey would not do so until they had completed the investigation.

The Observatory expresses itsdeepest concern about the arrest and detention of Messrs. Babucarr Ceesay andAbubacarr Saidykhan, since those acts seem to merely aim at hindering theirhuman rights activities. The Observatory therefore calls upon the Gambianauthorities to refrain from any judicial actions against the two human rightsdefenders and to put an end to all acts of harassment against them as well asagainst all human rights defenders in the Gambia.

Actions requested:

Please write to the Gambianauthorities and ask them to:

i. Put an end to all acts of harassment– including at the judicial level – against Messrs. Ceesay and Saidykhan as well as against all human rightsdefenders and their organisations in the Gambia;

ii. Guarantee in all circumstances thephysical and psychological integrity of all human rights defenders, inparticular that of Messrs. Babucarr Ceesay and Abubacarr Saidykhan;

iii. Conform with the provisions of theDeclaration on Human Rights Defenders, adopted on December 9, 1998 by theUnited Nations General Assembly, and in particular :

- Article 1, which statesthat “everyone has the right, individually or in association with others, topromote the protection and realization of human rights and fundamental freedomsat the national and international levels”,

- and Article 12.2 which provides that “the State shall take allnecessary measures to ensure the protection by the competent authorities ofeveryone, individually and in association with others, against any violence,threats, retaliation, de facto or de jure adverse discrimination, pressure orany other arbitrary action as a consequence of his or her legitimate exerciseof the rights referred to in the present Declaration”.

iv. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by the Gambia.

Addresses:

· Captain (retd.) AlhajiYahya A. J. J. Jammeh, President and Minister of Defence, Office of thePresident, State House, Banjul, Republic of The Gambia. Fax: +220 4227 034.mail: info@statehouse.gm.

· Mr. Lamin A. M. S.Jobarteh, Attorney General and Minister of Justice, Department of State forJustice, Marina Parade,Banjul, Republic of The Gambia. Fax: +220 4229 908

· Mr. Ousman Sonko,Minister of the Interior, Office of the President, State House, Banjul,Republic of The Gambia. Fax: +220 4223 718

· Ambassador Mr. Ousman Badjie, Permanent Mission of The Gambia to theUnited Nations in Geneva, c/o Embassy of the Republic of the Gambia, 117, rueSaint Lazare, 75008 Paris, France. Fax: +33 1 53 04 05 99. Email: ambgambia_france117@hotmail.com

Please also write to the diplomaticrepresentations of the Gambia in your respective countries.

***

Paris-Geneva, September 13, 2012

Kindly inform us of any actionundertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture,is dedicated to the protection of Human Rights Defenders and aims to offer themconcrete support in their time of need.

To contact the Observatory, call theemergency line:

· Email: Appeals@fidh-omct.org

· Tel and fax FIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80

· Tel and fax OMCT: + 41 22 809 49 39 / 41 22 809 49 29

[1] Amongthe GPU's aims are the promotion and defence of the rights to freedom ofexpression and of information.

[2] See FIDH and WorldCoalition Against The Death Penalty (WCADP) Joint Press Release, FIDH and theWorld Coalition against The Death Penalty call upon the African Union torelocate the seat of the ACHPR in another country, released on August 31, 2012,available at: http://www.fidh.org/FIDH-and-the-World-Coalition.