The Gambia Assessment

1. FAIR JUSTICE

1.1 Judicial system capability.
The judicial system in the Gambia is not competent. It does not have the capacity to handle the judicial functions. Most of the cases are influenced by the Government, especially political ones. For instance, in one case the defendants were declared innocent, but as soon they were freed they were immediately whisked away to the central prisons. The Gambia Government is now looking for qualified judges, as judges are frequently fired. Most of the judges here in the Gambia are foreigners. There is a huge backlog of cases. Some of these cases have been dragging on for years while some of these cases have just ceased to proceed. There are situations where accused persons have been held in detention for up to two years without trial. Some accused persons have died in detention even before they are tried. The judicial system suffers from neglect and under investment.[1]

The constitution and law provide for an independent judiciary, and the courts demonstrated independence on several occasions. However, in practice the courts, particularly at the lower levels, were corrupt and at times subject to executive pressure. AI noted that the presidential power to remove a judge in consultation with the Judicial Service Commission (JSC) impedes judicial independence. In practice, during the year the president removed three High Court judges without consulting the JSC. Judges presiding over "sensitive" cases and who made decisions not considered favorable to the government, risked being fired.[2]

(see also 1.1 Human Rights or 1.1 Recommendations)

1.2 Legal assistance to persons living in poverty.
There is hardly any legal advice or assistance given to the very poor. There is no public defender system providing counsel to the very poor. There are some lawyers who volunteer to defend some accused persons, especially political cases. There are no legal or paralegal services in police stations. The law requires that a person should not be held in detention for more than 72 hours without being charged and tried. Once one is in detention, it is difficult to have access to a lawyer as paralegal services are not available to incarcerated persons. The fact that this is not available makes it difficult for the accused to understand the law and the process, and to apply this learning to their cases. In most cases one is refused bail even if the case is bail-able. The rights of the citizens are constantly being abused.¹

Indigent defendants charged with murder or manslaughter have a right to an attorney provided at public expense.²   (see also 1.2 Human Rights or 1.2 Recommendations)

1.3 Justice for women and juveniles.
As of now there are no special efforts made at the Government level to ensure fair justice for women and juveniles. We have the African Center for Human and Peoples Rights and the African Center for Human Rights Studies, who are keenly monitoring, but I believe they should do more.

Children in the Gambia can be sent to prison at the age of 18. At the age of 14 young people are tried and punished as adults. As for special procedures for domestic violence, family dysfunction or childhood crimes, we have a centre for the rehabilitation of violent people, and at the central prisons there is a wing for juveniles involved with childhood crimes.¹

The law prohibits rape, and the government enforces the law effectively, although rape remains a widespread problem. The penalty for rape of an adult is life in prison, and the maximum penalty for attempted rape is seven years' imprisonment. The law against spousal rape was difficult to enforce effectively, as many did not consider spousal rape a crime and failed to report it.²

The penalty for trafficking in children under the age of 18 is life in prison and a substantial monetary fine. Enforcement of the Children's Act is the responsibility of the various security services. The Tourism Security Unit, a unit of the national army created specifically to enhance security in the tourism sector, is responsible for enforcement of the Tourism Offences Act which calls for keeping minors out of resort areas. The minimum prison term for trafficking an adult is 15 years and a substantial monetary fine may also be imposed. While the government had no established victim care and health facilities for trafficked persons, it provided temporary shelter and access to medical and psychological services to reported victims of trafficking.²

(see also 1.3 Human Rights or 1.3 Recommendations)

1.4 Unfair treatment by discrimination.
There are major biases in the system. There are cases in which military personnel have killed innocent civilians, cases of which have failed to  proceed in the law courts. Some wealthy people have not been tried due to their ethnic origin, or when they are tried they have been declared innocent, or their cases have failed to proceed. There are clear cut murder cases that have failed to proceed due to the fact that huge sums of money have been given to the prosecutors.¹

(see also 1.4 Human Rights)

1.5 Arbitrary or severe penalties.
There are extra-legal, arbitrary or summary police-penalties and execution practices. Some penalties are dictated by the Government. There are situations were one is sentenced without option of a fine. Some accused persons have been taken away by unidentified security agents, and they have never returned. Some have been summarily executed. There are evidently legislated punishments deemed excessive in the light of today’s concepts of human rights and justice. Some political prisoners are refused medical treatment and as a result some have died while in detention .Some crimes should be decriminalized especially those held in detention indefinitely. There is the death sentence but it is usually commuted to life in prison. To be precise there are about ten people sentenced to death . None of the people sentenced to death have been executed yet in the last three years. In practice a “life sentence” means confining one to prison for the persons entire life time. We have life sentences without parole.¹

(see also 1.5 Human Rights)

2. PRISON SYSTEMS BASICS
(see also 2.0 Recommendations)

2.1 Structures and alternatives.
There are gradations of confinement with different levels of security and freedom. Those on life sentences and those who have committed very serious crimes are put in solitary cells. Usually the rest are put in one large hall or dormitory. Prisoners who are wealthy or from wealthy back grounds are provided with special facilities such as Television sets, mobile phones, and cigarettes. Special foods are smuggled into their cells. There are no alternative punishments other than incarceration.¹

Prisoners with mental health or drug addiction related problems are sent to Campama Psychiatric Center for treatment. From time to time some prisoners are sent to certain communities to carry out cleaning and construction jobs and even to work in rice fields. There are no family group conferencing, or victim offender mediations. There are both open prisons and also ones with maximum security.¹

(see also 2.1 Human Rights or 2.1 Recommendations)

2.2 Physical space and separations.
Overcrowding is a major problem. There are reports of cramped and unsanitary cell conditions, and mistreatment of inmates including flogging. Men and women are separated. Children have a separate wing. Convicted persons are well identified with uniforms.¹

Local jails were overcrowded, and inmates, including detainees awaiting trial, occasionally slept on the floor.²

There were reports that women occasionally were held with men. During her trial in 2007, convicted murderer Tabara Samba stated in court that she was held in the same cell with male prisoners. Pretrial detainees were held together with convicted prisoners.²

(see also 2.2 Human Rights or 2.2 Recommendations)

2.3 Pretrial services and process.
No pretrial services exist which assesses the needs of the accused. In most cases the accused are held for more than 72 hours which is against the Law. Pretrial detainees can be released on bail. There are times when the bail conditions are too difficult to be met depending on the severity of the crime committed. A surety can also sign a bail bond for a huge amount. Incarcerate persons are given credit for time served. The period of time spent already before the sentence is subtracted from the entire sentence.¹

(see also 2.3 Human Rights or 2.3 Recommendations)

2.4 Standards.
There are statutory prison standards, and codes for prison procedures. In most cases they are not enforced. There are times when rules are bent. There is no independent agency to monitor prisons and jails. It is the ministry of Interior that is directly responsible, and they are usually dictated to by the Government. Judges hardly visit prisons. It  is a requirement, but it is not adhered to.¹

(see also 2.4 Human Rights or 2.4 Recommendations)

3. PROTECTION OF INCARCERATED PERSONS
                                                                                                                                                                                                         
3.1 Grievances.
Each prison has written rules and regulations governing the required behavior of incarcerated persons. Each prison has a Director aided by Prison Warders. Preferential treatment is usually given to the wealthy and those with political connections. In effect the rules and regulations are not fully enforced. The incarcerated people can  make complaints to the Central Prison Authorities, but in most cases they are not taken seriously. Most serious grievances are not investigated in a timely and thorough manner, especially in political cases. There are usually lots of impediments and dalliances  etc. Members of the Community/Press/Civil Society are able to enter the prison premises and interview incarcerated persons. There are certain people given access to lecture inmates on certain issues. In-prison photos are not permitted.¹

(see also 3.1 Human Rights or 3.1 Recommendations)

3.2 Abuse of incarcerated persons.
There is no policy for humane treatment in keeping with the dignity of every human person. Inmates’ civil democratic rights are constantly being abused. Corporal punishment, dark cells, unusual and degrading treatment are not prohibited. Inmates, especially political ones, are known to have died in prison due to maltreatment. Some have permanent scars due to constant beatings and bullying. Some inmates have gone missing, and no account has been given of them. Some incarcerated persons are subject to threats and acts of collective punishment. Solitary confinement is used excessively, especially for political prisoners who oppose the Government. Persons abused or injured by law enforcement officials are hardly compensated and supported. There has not been any report of prison gangs abusing others. As of now there is no report of incarcerated persons having administrative disciplinary or supervisory authority over incarcerated persons.

The Gambia is a party to the relevant international human rights instruments. We have the head quarters of the African center for Human and Peoples’ Rights here in the Gambia. There is also the center for human rights studies here in the Gambia. These instruments are not fully implemented in domestic legislation as most of them are flouted. The state has agreed to the UN standard minimum rules for the treatment of prisoners, though some of them are not adhered to. The state has supported the adoption of an Optional Protocol to the UNCAT to create an international visiting mechanism with the mandate to visit all places where people are deprived of their liberty.¹

(see also 3.2 Human Rights or 3.2 Recommendations)

3.3 Sexual security.
Incarcerated women are effectively protected from sexual abuse by overseers. Incarcerated men and women are effectively protected from prisoner-on-prisoner sexual abuse. Homosexuality is not a major issue in the prisons. The Gambia Government is yet to acknowledge its presence. Anyway the Government has a strong stance on homosexuality as it has made it clear that anyone caught in the act will be flushed out of the Gambia.¹

(see also 3.3 Recommendations)

3.4 Correctional Officers.
Correctional Officers are not well trained for their responsibilities. Prison personnel hardly receive any instruction and periodic specialized training with emphasis on human rights on the prohibitions regarding the use of force, fire arms and physical restraint. There are no serious attempts to develop mutual respect between incarcerated persons and correctional officers. However, in general, incarcerated persons and correctional officers tend to get along well.¹

(see also 3.4 Human Rights or 3.4 Recommendations)

3.5 Research and statistics.
Information is gathered yearly on the number of deaths and their details, although in most cases it is not accurate as inmates that have gone missing are not accounted for. There are roughly about 900 inmates in all the three prisons combined. They do not have  universities in the Gambia doing research on the prisons.¹

(see also 3.5 Recommendations)

4. HEALTH SERVICES FOR INCARCERATED PERSONS

4.1 Health Care.
The prison does not provide adequate health care for incarcerated persons such as psychiatric, dental care, or availability of suitable medical personnel, or testing and treatment for drug addicts. In fact all sick inmates are taken to the nearest available hospital. There are no medical exams (health checks) for incarcerated persons both on admittance and on discharge. Sanitary facilities are not adequate. Over crowding is definitely a serious health hazard especially with contagious diseases. The food served is not nutritious enough; it is substandard. There is drinking water for consumption and hygiene. Three sub standard meals are served daily. There is a change in menu, so incarcerated persons do not eat the same food every day. However, the variety is not much. Each incarcerated person has his or her own bed. The bed is just a plank of wood laid on the bare floor. Sometimes the incarcerated are taken out for fresh air. Those confined to a solitary cell do not see the sun or have fresh air for a long time. Soap and clothing are provided by the prisons through the Ministry of the Interior. The Ministry for Health and Social Welfare is responsible for health care and training of Health Officers.¹

Inmates complained of mistreatment by guards, poor sanitation, and inadequate nutrition, and often relied upon outside sources of food, which was allowed prior to conviction.²

Although prison officials made attempts to improve prisoners' nutrition and well‑being during the year, there were unconfirmed reports of deaths of prisoners at the Mile 2 Prison due to poor diet, health, and living conditions. AI reported it was aware of at least 19 persons who have died while in Mile 2 Prison since 2005. Prison officials maintained that prisoners had access to round‑the‑clock medical care.²

(see also 4.1 Human Rights or 4.1 Recommendations)

 

4.2 Women-Care.
Women incarcerated prisoners have gynecological and pediatric care, before, during, and after giving birth, although, in general, the treatment given is below standard.¹

(see also 4.2 Human Rights)

4.3 Mental Illness and Addictions.
The emotionally disturbed and mentally ill are taken care of, at the Government psychiatric clinic called Campama Psychiatric Clinic, by competent staff. Mental health examinations are conducted when mental illness is suspected, although they have limited equipment and medication. There are limits for solitary confinement. Some have been held indefinitely, while some have disappeared.¹

(see also 4.3 Human Rights)

5. RESTORATIVE PRACTICES

5.1 Rehabilitation Programs.
The prisons here in the Gambia do not have adequate formal education programs. However, inmates are taught the basics of certain trades such as carpentry, masonry, welding etc. There are no life skill education programs such as developing self confidence, community responsibility, parenting, awareness of impact on victims, or building competence in communication, cooperation and conflict resolution. Education is hardly available; it is not aimed at developing the whole person, which includes access to books, religious classes and cultural activities such as music or art. Job skill development and work assignments in the form of community development work help to prepare the inmates for economic  survival when they are out of prison. Incarcerated persons are paid a certain amount of money that is only paid at the end the prison term. The rate paid, though, is very meager. The wages paid is very low compared to that paid to civil servants. The incarcerated are not expected to pass on a proportion of the money to their families or to donate a proportion to some form of reparation for the offence which they committed. The money is saved for their release.¹

(see also 5.1 Human Rights or 5.1 Recommendations)

5.2 Reentry Programs.
There are no programs for pre-release or re-entry assistance for incarcerated persons.

There is earlier release or parole based on rehabilitation efforts. Incarcerated persons who are terminally  ill or of exemplary character can be released before the term ends. The president usually releases inmates based on health, age and compassionate grounds, every year during the Muslim feasts. Reentry does not include the opportunity for incarcerated persons to leave prison on a daily basis before their actual release date, so as to attend a training course or to obtain new work skills. The incarcerated person cannot return home regularly for a few days at a time as the end of the sentence approaches. There are no half way houses. There are no post-release educational, job-training, addiction-treatment, or mental health services available to ex-offenders.¹

Nothing is done for family and community agency support and job placement. However, inmates from time to time are taken to certain locations in the various communities where they are engaged in community based jobs such as construction of schools, hospitals, markets, etc. Reentry does not include guidance of ex-offenders by designated mentors. There is no individual or group counseling after release. There are no competent personnel to carry out the above. In Gambian prisons they only have wardens whose duty is to make sure that prisoners do not escape.¹

(see also 5.2 Human Rights or 5.2 Recommendations)

6. SOCIAL RIGHTS OF INCARCERATED PERSONS

6.1 Voting.
Pre-trial and sentenced persons do not have the right to vote. Voting rights are restored automatically upon release from prison. They have access to television and radio and newspapers but not necessarily to prepare them to vote.¹

(see also 6.1 Human Rights)

6.2 Visitation.
Family members of incarcerated persons are allowed to visit them in prison depending on the nature of the crime committed. People in solitary confinement and others who have committed very serious offences are not allowed any visitors. The state does not provide transportation for relatives to and from the prison. They do have private visiting arrangements for certain family members. There are no mail and telephone services for families.

Religious volunteers are encouraged for all religions. There are chaplaincy services. Other volunteer services are encouraged. The Red Cross, churches, NGO’s and other humanitarian organizations do visit and are known to have made generous donations.¹

The government permitted restricted independent monitoring of prison conditions by some local and international human rights groups; however, neither the media nor the International Committee of the Red Cross was granted access to detainees or prisoners during the year.²

(see also 6.2 Human Rights or 6.2 Recommendations)