The
ECOWAS Community Court in Abuja has held that the arrest of Ousainou N.M.
Darboe and 30 others by the APRC regime was lawful and did not violate articles
5, 6 and 11 of the African Charter.
“However the detention that followed was
arbitrary as the period of detention went beyond the limit permitted by the law
of The Gambia before the applicants were brought to Court,” the court says in a
ruling.
The
judgment by the ECOWAS Court of Justice came on the heels of a civil suit
instituted by Darboe and others against The Gambia.
According
to the Justices of the Court, the thirty-two applicants had asked the judges to
declare that section 5 of the Public Order Act of the Republic of The Gambia
Chapter 22-01 is in violation of Article 11 of the African Charter on Human and
People’s Rights. They also asked the Court to make a declaration that the
arrest, detention, charge and purported imprisonment of the applicants for
offences under the Public Order Act were in violation of Article 4-7 and 11 of
the ACHPR. The judges said the applicants had also asked the Court to make a
declaration that their arrest and detention on the 14th April 2016 and 16th
April 2016 were arbitrary , unlawful and in violation of Article 11 of the
ACHPR.
According
to the judgment, Darboe and his co-applicants also asked the Court to make a
declaration that their torture and/or cruel, inhuman and degrading treatment by
the respondent (The Gambian state) and its agents violated Articles 4 and 5 of
the ACHPR. The justices of the Court said the applicants also asked them to
make a declaration that their trial before the High Court of The Gambia without
giving them the opportunity to be defended by counsel of their choice violated
Articles 6 and 7 of the ACHPR.
ECOWAS
Court judges said Darboe and his co-applicants have also asked for an award of
damages in the sum of D10 million to each of them (1st to 31st applicants) as a
result of their torture and physical abuse by agents of the respondent (The
Gambian state) and their arrest and unlawful detention. An award of
compensation in the sum of 30 million Dalasi to the Estate of Ebrima Solo
Sandeng (deceased) through the 32nd Applicant (UDP) for unlawful deprivation of
life and associated loss of life to the relatives and family members.
They
further said that the applicants have also asked the Court to make an order
nullifying their purported charge, trial and imprisonment on the basis of the
Public Order Act and their immediate release from prison.
The
Court aligns itself to its precedents and held that it lacks the powers to
declare the decision of the national court of the Respondent null and void.
The
Court, however, declared that act of torture, inhuman and degrading treatment
meted out on the 1st (Ousainou Darboe), 3rd (Femi Peters), 4th (Lamin Dibba),
5th (Lamin Jatta) 15th (Fanta Darboe Jawara), 26th (Nogoi Njie), 27th
(Fatoumata Jawara), 28th (Fatou Camara), 30th (Ebrima Jawara) and 31st (Modou
Ngum) violates Article 5 of the African Charter.
The
Court ordered the Gambia Government to pay the sum of one hundred thousand
United States dollars equally to Ousainou Darboe, Femi Peters, Lamin Dibba,
Lamin Jatta, Fanta Darboe Jawara, Juguna Suso, Nogoi Njie, Fatoumata Jawara and
Fatou Camara for the hardships and violations of their human rights caused to
them by agents of the respondents.
