“My Lord, despite the fact that we are remand prisoners, we are kept in solitary confinement for 24 hours with our hands in handcuffs. The handcuffs are only removed for 30 minutes daily to allow us to take shower and empty our buckets,” Ansumana Jarju, the alleged armed robber, narrated during Monday’s court proceedings.
Jarju, speaking on behalf of his co-accused Losseni Diabate, also known as Alfusainey, Abdoulie Jallow, and Omar Secka are facing three charges: possession of firearms without authority, contrary to Section 8 and punishable under Section 25(2) of the Arms and Ammunition Act, Cap 20:01, Vol. IV, Laws of The Gambia 2009; Conspiracy to Commit a Felony, Contrary to Section 368 of the Criminal Code, Cap 10:01, Vol. III, Laws of The Gambia; and Robbery, Contrary to Section 272 and punishable under Section 273(2) of the Criminal Code, Cap 10:01, Vol. III, Laws of The Gambia.
The four accused are alleged to have committed a robbery at the Access Bank branch in Bijilo. They were scheduled to take their plea during Monday’s court proceedings. However, the plea could not be taken as some of the accused were not represented by legal counsel.
Jarju continued: “I am already behind bars, so why am I being put in handcuffs?” he asked. He acknowledged that following the court’s intervention, the situation had previously improved. However, he was quick to add that things have now reverted to how they used to be.
“We haven’t done anything. We haven’t broken any prison rules within the yard, so why are we being put in cuffs?”
He added: “A prisoner attempted to escape from the prison and was found in possession with certain items. As a result, the small privileges I had been granted were taken away, and I was placed back in handcuffs. I told them what they were doing was unlawful and unjustifiable. They told me it was because a prisoner had tried to escape. I asked them, ‘What does that have to do with me?’
“In fact, I once approached the Deputy Director of the Gambia Prison Services during his visit to the yard and told him that what they were doing was completely wrong,” Jarju said. “I told him that constitutionally, it was unlawful and also violated international protocols, as the country is a signatory to various international conventions. I made it clear to him that it was wrong, and that it amounted to torture.”
Jarju added that the Deputy Director responded by saying, “Based on the circumstances, it was necessary.”
“I replied to him, saying that nowhere in the world are remand prisoners subjected to this kind of treatment. He cited America as an example, but I told him there’s no way he could convince me that such practices happen in the United States. I told him, It’s wrong, and it’s wrong.”
“I made it clear to him that I was going to report the issue in court when we appear today. I told him that when he is summoned by the court, he will have the opportunity to explain why we are being subjected to this kind of treatment.”
In different case, Malick H.B. Jallow, the defence counsel representing Bubacarr Drammeh who is accused of murder, raise similar issue at Mile 2.
“My client has communicated with me, and I believe it is important to bring this matter before the court,” he stated. “He used the word ‘shield’ to describe his situation, meaning he has been held in solitary confinement in a one-man cell for almost 24 hours a day. He is only given a short period in the morning to shower and change his clothing,” Lawyer Jallow told the court.
