2010-02-12 10:07:15

IFJ Condemns Jail Sentence on Gambia Journalists
The International Federation of Journalists (IFJ) today condemned the conviction of six Gambian journalists to two year jail sentence and US$ 20,000 fine each for having criticised President Yahya Jammeh. "This is one of the darkest days in the history of African journalism. The harsh sentences pronounced today by justice Fagbenle fly in the face of all the constitutional guarantees and the principles of press freedom and natural justice. Our Gambian colleagues were right to have no faith in the Gambian judicial system which has proved to be spineless and a faithful servant of president Jammeh.” said IFJ President Jim Boumelha. The six Gambian journalists defendants - Gambia Press Union General Secretary Emil Touray, its Vice President Sarata Jabbi-Dibba and Treasurer Pa Modou Faal together with Pap Saine, publisher, Ebrima Sawaneh, editor of The Point newspaper; Sam Sarr, editor at the Foroyaa newspaper – are convicted to two year jail and US$ 20,000 each. They have been all convicted on six counts of sedition and defamation and have been sent to Mile Two State Central Prisons, in Banjul the capital. The arrests of the journalists followed the publication of a statement by the GPU denouncing comments made on national television by the Gambian Head of State, President Yahya Jammeh, on the death of Gambian journalist Deyda Hydara and the state of press freedom in the Gambia. The seven journalists including Abubcarr Saidykhan Reporter, at the Foroyaa newspaper - who was eventually released - were initially arrested on 15 June 2009 and charged of publishing seditious publications and two accounts of criminal defamations. The IFJ calls for the immediate release of the six journalists jailed, and for genuine inquest in the assassination of Deyda Hydara, the disappearance of Chief Ibrahima Manneh, and many other press freedom and freedom of expression abuses in the Gambia.
“The IFJ and its members worldwide will continue to fight shoulder to shoulder with our Gambian colleagues until justice is done and the six journalists are released.”, added Boumelha.
The IFJ, in collaboration with global trade union movements and human rights organisations has built and will continue to build support for the Gambian journalists in a series of protest activities in Europe, the US and Africa, as part of the global campaign to free the six journalists.

For more information contact the IFJ at +221 33 867 95 87
The IFJ represents over 600,000 journalists in 123 countries worldwide
 

    2010-02-12 10:05:00

GPU to lodge complaint against Nigerian Judges in The Gambia, challenge Criminal Code Amendment Act
Gambia Press Union President Ndey Tapha Sosseh has complained to the Nigerian Bar Association on the conduct of Nigerian judges in The Gambia in particular when dealing with journalist and media related cases. Ms Sosseh who Tuesday and Thursday met with members of the Human Rights Committee of the Nigerian Bar Association and Femi Falana, president of the West African Bar Association in Abuja, Nigeria alleged several cases of ‘unfair trials’ violations of the principles of the presumption of innocence until proven guilty, especially in relation to the conduct of Justice Joseph Wowo of the High Court on the ongoing trial of the GPU Seven.
Chidi A. Odinkalu, senior legal advisor (Africa) of the Open Society Justice Initiative and member of the human rights committee of the Nigerian Bar Association asked Ms Sosseh to document all these allegations and address them to the president and the disciplinary committee of the Nigerian Bar Association “who would then mount an independent investigation… if indeed these allegations are found to be true, they stand to bring to disrepute the Nigerian legal fraternity and the Bar.” He further said that the Bar could then take disciplinary action. Femi Falana, president of the West African Bar Association also said that if upon collation and independent investigations these alleged violations are found to be true, there would be need for the Bar Association to take disciplinary action. The WABA president did not rule out a joint WABA/NBA investigative mission to The Gambia. The GPU President who took part in the Amnesty International Organised Gambia Day of Action, Wednesday July 22 took part in a press conference at the Nigeria Human Rights Commission, Abuja where she talked about the various and systematic abuses against the Gambian media. Ayodele Ameen of Amnesty International and Wilfred Nii-boye of the Media Foundation for West Africa also talked about human rights violations in The Gambia. To observer the AI Day of Action, press conferences were held in twelve West African countries. In London, New York and Washington demonstrations were held and lobbying action in Stockholm and Brussels targeting the EU. This week Ms Sosseh, and the AI/MFWA campaign team also met with ECOWAS officials, the Centre for Democracy and Development and the West African Civil Society Forum (WACSOF) all based in Abuja.  The CDD yesterday issued a statement on The Gambia.  In as related development, the GPU President, upon consulting with media, freedom of expression and human rights groups has said the Union will be receiving support to challenge, at the level of the ECOWAS Court, the Constitutionality of sedition laws and the Official Secrets Amendment Act given that it falls out of line with Article 66 of the Revised ECOWAS Treaty (19..) and Article 33 of the ECOWAS Protocol on Democracy and Good Governance. The GPU President who, since the arrest of three members of her executive and four other GPU members of the Union has embarked on a global campaign to highlight the “dismal and deteriorating” state of media abuse and violations of freedom of expression in The Gambia.
 

    2010-02-12 10:03:00

Lawyers for GPU Seven object to ‘defective’ charges
Lawyers for the GPU Seven currently facing three charges of seditious conspiracy, sedition and two other charges of conspiracy to and defamation of President Jammeh and the Government of The Gambia today, June 8th objected to all five “invalid” and “defective” charges. Led by veteran Gambian Lawyer Antouman Gaye, the team argued that no authority was given by the Attorney General in relation to the charges of seditious publication and defamation and further stated that charges 2 and 3 are not offences known to the laws of The Gambia. Lawyer Gaye further argued on the point of duplicity of charges referring to the charges of conspiracy to seditious publication and seditious publication and conspiracy to defame and defaming. On charges 4 and 5, Lawyer Gaye told the Court that the so called defamatory remarks are not included in the charge sheet. Representing himself, Sam Sarr of Foroyaa associated himself with the arguments of the defence team and also made reference to and further drew the courts attention to Section 53 (2) of the Criminal Code Amendment Act of 2005 which is not in conformity with the charges preferred against them. The prosecution team, led by Director of Public Prosecutions, Richard N. Chenge asked for an adjournment to prepare their response. Justice Joseph Wowo of the High Court, presiding over the matter adjourned to Friday, July 10th for prosecution response. Amongst observers in the crowded court room, Ambassador Barry Wells, US Ambassador to The Gambia, a representative of the UK High Commissioner and a trial observer, a lawyer from the International Bar Association. Lawyer Antouman Gaye is supported by Lawyer Lamin Camara, counsel and legal advisor for the Gambia Press Union, Idrissa Sissoho, Nenneh Cham, H. Gaye and Ms Gaye Coker.

Note
The seven journalists, Sarata Jabbi-Dibba, vice president, Gambia Press Union; Emil Touray, secretary general, Gambia Press Union; Pa Modou Faal, treasurer, Gambia Press Union; Pap Saine and Ebou Sawaneh, publisher and Editor of The Point Newspaper Respectively; Sam Sarr and Abubacarr Saidy Khan, editor and reporter, Foroyaa newspaper were first arrested on 15 June 2009 by personnel of the National Intelligence Agency (NIA) and detained until Thursday 18 June 2009 when they were taken to Kanifing Magistarte’s Court. The group refused to take their plea as they had not yet spoken to their lawyers.
Later that day, six of them were remanded at the Mile Two Central Prison. Sarata Jabbi Dibba, also a nursing mother was granted bail with the sum of D200, 000 with two Gambian sureties.
Throughout their detention, they were denied access to counsel. On Monday 22 June, the seven reappeared before the Kanifing Court and were each granted bail with the sum of D200, 000, two Gambian sureties and two landed properties. The case was adjourned to 7 July for the accused persons to take their plea. However on 1 July the accused were served to appear before the High Court, with two new counts of criminal defamation added. They were to appear at the High Court on July 3. On Friday 3 July, Justice Joseph Wowo remanded the accused, and on the afternoon of Monday, June 6th granted bail of D400, 000, two Gambian sureties and two landed properties each. Mrs Sarata Jabbi-Dibba a nursing of a 6 months old baby was also remanded for a few hours before being granted bail.

Charges
Count 1: Conspiracy to publishseditious publication contrary to Section 368 of the Criminal Code Cap 10 Vol. III Laws of The Gambia 1990.
Count 2: Publishing Seditious Publication Contrary to Section 51 (1) (a) read together with section 52 (1) (c) of the Criminal Code Cap 10 Vol III Laws of The Gambia
Count 3: Publishing Seditious Publication Contrary to Section 51 (1) (a) read together with section 52 (1) (c) of the Criminal Code Cap 10 Vol III Laws of The Gambia
Count 4: Conspiracy to commit Criminal Defamation contrary to Section 368 of the Criminal Code
Count 5: Criminal Defamation contrary to Section 178 and punishable by Section 34 of the Criminal Code Cap 10 Vol III Laws of The Gambia

    2010-02-12 10:00:18

Friday, June 12, 2009 – Gambia Press Union reacts to televised statements made by Gambian Head of State President Jammeh, June 9th where he attributed the death of former GPU President Deyda Hydara to a crime of passion, calls “stupid” those questioning the circumstances surrounding his death and the Gambia Government’s inability/unwillingness to investigate further. He declares The Gambia a country of free expression.
Monday, June 15 - Gambia Press Union (GPU) Executive members namely, Emil Touray, Secretary General, Sarata Jabbi-Dibba, Vice President and Pa Modou Faal, Treasurer were invited to the National Intelligence Agency Headquarters for questioning. Later that day, Pap Saine, and Ebrima Sawaneh, Publisher and Editor of The Point were also called for questioning. At the time, Mr Saine was minutes before acquitted over false citizenship charges by the Banjul Magistrates Court.
The same evening, around 19:30 GMT Sam Sarr, Editor Foroyaa newspaper was arrested at his place of work. Abubcarr Saidykhan, a Foroyaa Reporter who was present at the time and taking pictures was also arrested.The group, were held incommunicado until shortly after 15:00 hours, Thursday, June 18th.
Thursday, June 18 - The seven journalists, following a short court appearance during which they refused to take their plea were charged with three counts of 1) Conspiracy to publish sedition publication 2) Publishing seditious publication engaging Foroyaa and 3) Publishing Seditious Publication engaging The Point. At the time of Court appearance, legal counsels were not informed and had no access to the group. Six of them were remanded in Mile Two State Central Prisons until Monday June 22. During this period, none of them had access to counsel.
Sarata Jabbi-Dibba, GPU vice president and a nursing mother was granted bail at the sum of D200, 000 (US$8,000), two Gambian sureties and two landed properties.
Around 15:00 hours, Halifa Sallah, editorial board member, Foroyaa newspaper was tricked into arrest by the NIA who called and requested that he serve as surety to Foroyaa members of staff. Upon arrival at the Agency, he was arrested and detained overnight, taken to Court Friday June 19th and released on Court bail. Abba Gibba, an assistant editor of The Point newspaper was also arrested the same day for “continuing publication” whilst its publisher and editor were in detention.
Monday, June 22 – The group were granted bail by Magistrate Sainabou Wadda of the Kanifing Magistrate’s Court to the tune of D200, 000 (US$8,000) each with two Gambian sureties and two landed properties. Sittings were adjourned to July 7 for the accused persons to take their plea. Hundreds of Gambians, including journalists and family members of the accused journalists were asked out of the court premises. The Court house was heavily guarded by military personnel, armed in riot gear. The UK High Commissioner, the US Ambassador to The Gambia and other high profiled Gambians were present in Court. Augustine Kanjia, columnist at The Point was also arrested and detained for three days for apparently taking photos of the crowds and armed paramilitary officers from the Police Intervention Unit who had cordoned off the Courts and closed roads leading to the Court. He was held at the Serrekunda Police Station.
Friday, July 3 – The seven journalists, in what can be best described as a trial within a trial were summoned (July 1) to appear before Justice Joseph Wowo of the Banjul High Court, charged with the initial charges of sedition and three other counts of defamation.  Justice Wowo revoked their initial bail conditions, and sent them back to Mile Two State Central Prisons. Hours later Sarata Jabbi-Dibba was released with a bail bond of Dalasis 400,000 (US$16,000) two Gambian sureties and two landed properties in the Greater Banjul Area.
Monday, July 6 – The other six journalists get similar bail conditions of each Dalasis 400,000 (US$16,000) two Gambian sureties and two landed properties in the Greater Banjul Area.
Wednesday, July 8 - Lawyers for six of the journalists object to two ‘defective’ and ‘invalid’ charges as they are not offences known to the laws of The Gambia. Representing himself, Sam Sarr of Foroyaa associated himself with the arguments of the defence team and also made reference to and further drew the court’s attention to Section 53 (2) of the Criminal Code Amendment Act of 2005 which he said, was not in conformity with the charges preferred against them. Sittings were adjourned to Friday, July 10th for a prosecution response. Amongst observers in the crowded court room, US Ambassador Barry Wells, a representative of the UK High Commissioner and a trial observer, a lawyer from the International Bar Association and leader of the opposition United Democratic Party.
Friday, July 10 - Despite open defence objections, the trial of the seven journalists proceeds “In Camera” as prosecution declares state security interests.
Tuesday, July 21 - Defence team asks Justice Wowo to step down from the case citing open bias. All through the case, Justice Wowo openly denied defence opportunities to argue and continued to hold sittings In-Camera.
Thursday July 2 - Defence team walks out of Court citing open bias and a refusal to comply with Judge’s insistence on in-camera proceedings. Defence also files formal complaint of open bias to Chief Justice.
Tuesday, July 21 – President Jammeh issues televised threat to those “rat pieces” who call themselves journalists and says they will be “dealt with to the letter”
Tuesday July 28 - Case transferred to Justice Emmauel Fagbenle of the High Court.  Trial commences in Open Court. Abubakar Saidy Khan, Reporter, Foroyaa newspaper acquitted and discharged over “wrong” charges. He was initially arrested for taking photos of his editor being arrested but charged with same counts of sedition and defamation.

Note:
Since the wave of arrests, there has been unprecedented Global outcry and condemnation of the state of freedom of expression and human rights abuses in The Gambia.
National journalists associations and rights groups led by institutions such as the International Federation of Journalists, the Federation of African Journalists and the West African Journalists Association have all issued statements, visited and demonstrated outside Gambian embassies in main capitals in Europe and the sub-region, held vigils and the NUJ (UK) has opened a legal defence account for the group. The ITUC and UK Workers Union who have also issued statements addressed to the Gambian leadership and the European Union took an active part in highlighting the state of human rights abuses in The Gambia. The African Commission on Human and People’s Rights Special Rappatoeur on Freedom of Expression, the UK (EU Presidency) and US embassies in The Gambia have also issued statements of concern and called for the state to drop the charges against the journalists. The Union itself has targeted all regional and international groupings of which the Gambia is a member and signatory. Other human rights groups such as Amnesty International issued urgent actions and petitions and organized a Gambia Day of Action on July 22, coinciding with major victory, freedom celebrations in The Gambia of the Jammeh administrations 15th year in power following the 1994 coup d’etat.

    2010-02-12 09:53:25

WAJA STATEMENT
The West African Journalists Association (WAJA) has learned with deep dismay the conviction and to prison sentences of 24 months and a strong fine of 250,000 Dalasis (about 500,000,000 FCFA) for each of the six accused journalists.
The six condemned journalists Mr. Emil Touray, General Secretary of GPU (Gambia Press Union), Mrs Sarata Jabbi-Dibba, vice president of GPU, of PA Modou Faal, treasurer of GPU, Pap Saine and Ebou Sawaneh, respectively Publisher and Editor "The Point", and Foroyaa Editor Sam Sarr.
WAJA condemns this verdict that gravely undermines freedom of expression in The Gambia and notes with bitterness that this process is in line with state oppression on the press and carries a hard blow to freedom of the press and of expression. WAJA demands that the Gambian Executive liberate the imprisoned colleagues and reaffirms its entire solidarity with the demands of the GPU of an independent investigation on the circumstances of the assassination of Deyda Hydara and disappearance of Chief Ebrima Manneh.
"This wave of arrests of journalists constitutes a flagrant violation of the liberty of the press and of expression in The Gambia," said WAJA President Ibrahim Famakan Coulibaly.
WAJA also asks more tolerance from the Gambian authorities and encourages that they engage in frank and sincere dialogue with the media to create the conditions favourable for a blooming, free and independent press, with a pledge to democracy and good governance.
IBRAHIM FAMAKAN COULIBALY
PRESIDENT WAJA
Cel: 223/76432831
BAMAKO MALI