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 Madi Jobarteh, charged for opinion and bailed

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T O P I C    R E V I E W
Momodou Posted - 30 Jun 2020 : 22:36:01
I am Charged, Bailed and Released and to Report Tomorrow at 10am.
By Madi Jobarteh


This afternoon I reported to the Kairaba Police Station after they ‘invited’ me that they wanted to ask me a few questions about an interview I gave on Saturday. When I arrived I went to the office of the Deputy Commissioner Pateh Bah. He said the reason for the invitation was to ask me to shed light on my comments that the Government did not do enough to ensure justice for the late Haruna Jatta, Ousman Darboe and Kebba Secka. He thought that was unfair to the police because I did not know what was going on in the background.

I then asked him if he was really serious to call me to his office only to question my opinion. He said yes. I told him this is my opinion and if the Government disagrees they can refute it publicly. But I asked him to tell me which court or which suspect is standing trial for the murder of Haruna Jatta and Ousman Darboe? I asked him it is one year now since Kebba Secka was killed yet until now the case is not concluded. Why?

I told him that I consider this invitation as an assault on my fundamental constitutional right to freedom of expression and to hold the State accountable. I told him that by calling me to his office and questioning my opinion indicates that he is abusing his powers intended to criminalize my opinion and to intimate and harass me. I told him I am not that citizen to be intimidated.

Then I told him if he has no more to say then I am leaving because I have business to run. So I got up to leave his office. Immediately he asked his officers to stop me from leaving. One officer stood between me and the door. I asked him if I was under arrest and he said no. Then I asked if not then why am I prevented to leave? He said I should sit down. I said no, as I now consider my presence in his office as kidnapping for which I was tricked by them in the first place that I was only invited to shed light on few questions. Now that I did that why am I prevented from leaving his office.

Then he said I should write a statement. I was shocked at that and asked him why should I write a statement when I am not under arrest or a suspect. He insisted that I have to write a statement otherwise I will not leave. He said if I write a statement then I can leave.

After some advice from friends and lawyers present, I agreed to write a state so I can leave. So I wrote a terse statement that I was forced to write that statement under duress but I do wish to make any comments.

To my amazement, as soon as I finished writing that statement, an officer pulled out a charge sheet and asked me to sign it by indicating whether I agree with the charges or deny them. They said they are charging me for ‘false publication and broadcasting’. Of course I deny the charges with all of the flesh and muscles and blood and water in my body. They said I should report tomorrow Wednesday morning at 10am.

Let me first of all express my heartfelt appreciation to the massive show of solidarity from fellow citizens of conscience - Uncle Lawyer Antouman Gaye and lawyers Salieu Taal and Abdoulie Fatty and my younger brother Junkung Jobarteh and TANGO Chair John Njie. I wish to also thank GPU leaders Sheriff Bojang Jnr., Mustapha Darboe and Saikou Jammeh. Special thanks to my representatives Hon. Touma Njai and Hon. Sanna Jawara and several activists Fatou Jagne and friends Sainabou, Sajar and National Human Rights Commissioner Njundu Drammeh. Uncountable number of people called me from home and abroad to show solidarity. Gaye Sowe, Banka, Coach Pa Samba, Benny, Ebou Wally, Dr. Ceesay, Alh. Nyang, Baboucarr and Jainaba Faye.

Fellow citizens, rest assured Madi Jobarteh is not scathed one bit. This is not about me but about the very sovereignty of each and every citizen. It is about our voice and power to tame the Government so that it acts according to our Constitution and in our best interest as citizens.

What has happened today is the same Yaya Jammeh tactics being played out purposely to silence citizens in order to grow and germinate dictatorship in this country once again. Never Again. This is why they trick people into an ‘invitation’ only to turn it into a kidnapping and a bogus charge. Remember Dr. Ismaila Ceesay.

I am determined to fight this matter on all platforms at home and abroad to ensure that those responsible for such abuse of power and violation of the Constitution and an infringement on my personal liberty pay dearly.

For The Gambia Our Homeland
15   L A T E S T    R E P L I E S    (Newest First)
toubab1020 Posted - 11 Jul 2020 : 10:46:21
I shall be very interested to read the report in the media of the proceedings in Court especially the words used by the prosecution he or she should choose their words very carefully.!

=========================================================================================================================================
https://foroyaa.net/police-igp-drop-charges-against-rights-activist-madi-jobarteh-nhrc-announces/


=========================================================================================================================================

By Mustapha Jallow July 10, 2020

The National Human Rights Commission has on Friday announced that all the charges preferred against activist Madi Jobarteh, have been dropped by the Inspector General of Police.

NHRC said in a statement signed by chairman Emmanuel Joof said: “Following a fruitful discussion at the Headquarters of the National Human Rights Commission today Friday 10th July 2020, with the Gambia Police Force, the National Human Rights Commission (NHRC), the Gambia Bar Association and The Association of Non-Governmental Organizations (TANGO), the Inspector General of Police has agreed to drop, with immediate effect, all the charges preferred against Mr. Madi Jobarteh, a human rights defender who was charged with false publication and broadcasting contrary to Section 181A(1) of the Criminal Code of The Gambia.”

“I am happy to announce that as Inspector General of Police of The Gambia Police Force, we are dropping all charges against Mr. Madi Jobarteh as from today. No other action will be taken against him as far as this case is concerned”, said the IGP in the statement.

“This milestone, following the advisory role of the National Human Rights Commission, was achieved after a frank discussion, which the Commission had with the Inspector General of Police on Thursday 9th July 2020, subsequent to its concerns raised with the Minister of Interior regarding the case,” the statement said.

“At today’s meeting, both TANGO and GBA reiterated that the State is the primary duty bearer and has the obligations to respect, protect and fulfil the fundamental human rights of all persons residing in The Gambia. They called on the Gambia Police Force and all other State security agencies to continuously assume their critical roles as the number one defender and protector of the rights and freedoms of the people,” said NHRC.

NHRC added that it is important to highlight the right to freedom of expression and speech is sacrosanct and can only be limited in accordance with procedures established by law and in particular to achieve public order and security. The enjoyment of all other human rights cannot be possible when the right to freedom of expression and speech is stifled, censored or unduly restricted or when the people feel a sense of intimidation and fear for expressing their views and opinions on matters of national or public interest.

“While commending the IGP for the willingness to engage in the discussions and in his commitment to drop all the charges against Mr. Jobarteh, he was reminded of the importance of timely communication with the public, especially on matters of public interest and concern,” NHRC chairman said.

He said suspicions and speculations are minimized when the public is regularly informed and aware of cases under investigations by the Police.

Both TANGO and the GBA encouraged the State and its security apparatus to engage with civil society, communicate in a timely and accurate manner and to build strong partnerships to foster a smooth transition following two decades of arbitrary rule by the former president, chairman Joof said.

In conclusion, he said: “The National Human Rights Commission wishes to remind the Government of its obligations to respect and protect the right of the people to free speech, in accordance with Section 25 of the Constitution of The Gambia, 1997, which guarantees every person living in The Gambia the right to freedom of expression, conscience, assembly, association and movement, as expected in a democratic nation anchored on the rule of law, good governance and due process.”

It could be recalled that the rights activist Jobarteh was invited for questioning by Police detectives at Kairaba Police Station on the 30th June. His questioning was related to a comment he made on his social-media platform regarding an interview he (Jobarteh) made at the “Black Lives Matter” protest he led on Saturday.

Jobarteh was later released on bail that very day and asked to report on bail on the following day. He continued with reporting until Police later suggested to him that he would likely appear before the Kanifing Magistrates’ Court on Monday, 6th July 2020.

Madi said when he reported to Kairaba Police Stattion on Thursday, the Deputy Commissioner of Police Pateh Bah, informed him that his file was sent to Kanifing Police Station. He added that when he went to Police Prosecution office, he was told the charges are still maintained and he was asked to report on Monday.

Jobarteh was charged with spreading false information and broadcasting contrary to Section 181 A (1) of the Criminal Code. He said the officers told him that the matter will now go to court.




Momodou Posted - 10 Jul 2020 : 19:02:02
The Battle has just begun!
By Madi Jobarteh

If this was the Yaya Jammeh days everyone would have been asking where is Madi Jobarteh? I would have been first tortured and then killed and then disappeared like many before me. Therefore dropping the so-called charges is not the issue.

The real issue is the blatant abuse of power and the deliberate destruction of fundamental constitutional rights and the arbitrary violation of the Constitution by the IGP to think that he can arrest and detain any citizen as he likes and they slam them with bogus charges and then send them to prison just like that!

Neither Pres. Adama Barrow nor IGP Mamour Jobe own The Gambia and her citizens. Therefore for them to think that no one should criticize them for their inefficiency and abuse is the height of insult to the citizens! Madi Jobarteh shall never be insulted by any elected and appointed public official ever again!

It is unacceptable and no self respecting sovereign citizen should accept public officers to abuse our power and our institutions to harm us!

A fitting response is coming...
Momodou Posted - 10 Jul 2020 : 18:34:49
Madi Should Sue The Abusers!

So they drop these frivolous charges and abuse against Madi and I see some of us already hailing “our newfound democracy.” Has it occurred to some of us that Madi should not have been abused in the first place? Good democracies do not abuse their citizens for simply stating their opinion. No ones is doing Madi a favor here by not abusing him further!

You cannot abuse an individual just because you can, and then turn around and say I forgive you and will not abuse you anymore! That’s wrong in every sense and must not be lI hope and pray Madi sues those who abused him. If Gambian laws don’t suffice, I hope Madi sues then in the ECOWAS court or elsewhere! I pray there’s a lawyer willing to sue them somewhere!

By Alhagie Saidy-Barrow
Momodou Posted - 10 Jul 2020 : 18:32:25
The IGP has 'decided' to drop all charges against Madi Jobarteh.

Momodou Posted - 06 Jul 2020 : 11:02:39
Just Reported!
Bail extended to Monday. Again! Prosecutor said they have sent their opinion on the case to IGP for consideration. Until then bail extended to Monday. Reporting again on Monday July 13 at 9am at Kanifing police.

Madi
Momodou Posted - 06 Jul 2020 : 10:04:49
Fourth Time Reporting to Police
By Madi Jobarteh


I am reporting yet again tomorrow Monday July 6 at 8:30am at Kanifing Police Station with an exceptionally unbowed, unshakable and joyous spirit and determination! I am prepared more than ever to stand in court!

This is a battle for the Republic that is owned and controlled by citizens where the Government is created by, and act according to opinion of the people!

Therefore let us be clear on a few things!

What is happening in The Gambia has to stop. We are a Republic hence the citizens should enjoy security, freedom, justice and equality. Without that then we are either slaves or imbeciles or foreigners in our own land.

The purpose of Government is nothing but to secure for us our security, freedom, justice and equality. Hence we cannot have a Republic in which the Government preys on us like meat. We must not allow to live in fear in our own motherland anymore just because there is a Government that could prance on us at anytime as if we are animals.

As a Democratic Republic the Government is created according to the opinion of the people. It is through the expression of our opinions that citizens hold the Government accountable. Hence in a Democratic Republic no citizen should be held liable for her opinions so long as such opinion is not a hate speech or directly and purposely inciting violence!

After all we have in this country so many times when elected and appointed public officials blatantly, shamelessly and stupidly lie to us as if they are talking to stones! The evidence of that is uncountable.

Yet by law all elected and appointed public officials are required to only speak the truth and fact when they speak to citizens. But the lies that come out of the Mouth of Government are uncountable. But what happens to these officials when they lie to us? In our face!

Why should we allow therefore that as a citizen you get hounded like a dog by the Government just because you spoke your opinion - an opinion that is in fact true and honest?

These elected and appointed public officials are our servants! They must not harm us. They are not our lords. They do not own this country. They are mere servants to serve, protect and deliver. The power and tools they have are derived from and belong to and must be used to serve only citizens.

For 22 odd years we had an evil regime that used our power and tools to harm and torment us. If you are a conscious, dignified and patriotic citizen then stand against the abuse of power by elected and appointed public officials! Now. Never Again.

Refuse to be scared or hounded and suppressed for your opinion! Speak your opinion about the Government and no one has the authority to deny or torment you for your opinion.

You have a right to speak about the Government anyhow - positively or negative, honestly or falsely, favourably or not favourably. It’s your opinion and anyone who disagrees with your opinion can also express a counter opinion. But no peaceful, nonviolent opinion should be criminalized!

For The Gambia Our Homeland
toubab1020 Posted - 04 Jul 2020 : 10:43:03
" If I have limited or no knowledge about a subject I may not reply but that does not stop me from having an opinion about something."

I totally agree with your words above rassimian[.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
quote:
Originally posted by rassimian

Not good enough toubab1020. Everyone is entitled to an opinion about anything. Whether you choose to make a comment or whether that comment is seen as good/bad, right or wrong is not the issue. You may be right about there being a lack of discussion on this site but saying that posting an opinion because it might be disrespectful is a weak argument for not stating an opinion. After all an 'opinion' may generate more discussion with different views being aired and that is what this site should be about rather than just posting articles from newspapers. If I have limited or no knowledge about a subject I may not reply but that does not stop me from having an opinion about something.


Momodou Posted - 03 Jul 2020 : 19:58:19
Statement by the Gambian Civil Society on the state of Freedom of Expression and other matters of national concern.

When Gambians decided for a change of leadership, they indeed voted out a leader but not him alone but the system that kept him entrenched and allowed him to violate our rights as a people repeatedly. We, as a people were elated and expectant, hoping that the new leadership would in the least, meet our noble aspirations, of living in the smiling coast, a nation built upon the solid foundation and good governance.
Alas this hope is dissipating at a pace that has now become a concern for all and sundry except for those who have their heads buried in the sand.

This concern has now manifested itself right before our eyes in the recent arrest, in the guise of being called for questioning and subsequent imposition of the charge of false publication and broadcasting on, a dear brother and colleague in the person of Mr. Madi Jobarteh, on 30th June 2020. On this day, Madi was called by ASP Darboe of Kairaba Police Station, who asked him to report to the said station to “clarify” a few questions relating to his interview with the media on Saturday June 27 2020 at the ‘Black Lives Matter’ protest, where Madi amongst other things spoke about the torture and detention of Ousman Darboe, killing of Haruna Jatta, and Kebba Secka. Upon his arrival at the station, he was received by Deputy Commissioner Pateh Bah who told him that they wanted the person of interest to clarify his comments that the Gambia Government “had not done enough to ensure justice for the killing of the three persons mentioned above”.

Read the rest here: http://www.gambia.dk/forums/topic.asp?TOPIC_ID=17020
rassimian Posted - 03 Jul 2020 : 14:49:43
Not good enough toubab1020. Everyone is entitled to an opinion about anything. Whether you choose to make a comment or whether that comment is seen as good/bad, right or wrong is not the issue. You may be right about there being a lack of discussion on this site but saying that posting an opinion because it might be disrespectful is a weak argument for not stating an opinion. After all an 'opinion' may generate more discussion with different views being aired and that is what this site should be about rather than just posting articles from newspapers. If I have limited or no knowledge about a subject I may not reply but that does not stop me from having an opinion about something.
toubab1020 Posted - 02 Jul 2020 : 15:45:52
As you all SHOULD realise by now I am not Gambian born, as my screen name testifies,I just love Gambia and the Gambian people theii culture I think I have SOME understanding of by now having visited for many years Jawara was president when I first came.iI is not my place to interefere in any way in the way that this forum now operates,in years past many folk joined in and proper discussion took place where differing views were exchanged,that has now changed with very few postings from others,I therefore assume that maybe only one person is present MOST of the time that person I have named Dear Reader.
My signature is very clear and I stand by that.However you MAY have noticed that in some postings I have made or answered there is no signature because of the nature of that particular topic,a signature under those circumstances I feel is disresrespectful.
Momodou Posted - 02 Jul 2020 : 14:42:50
‘Gambia sliding towards dictatorship’

The Point: Jul 2, 2020
By: Momodou Jawo


https://thepoint.gm/africa/gambia/headlines/gambia-sliding-towards-dictatorship

Madi Jobarteh, a prominent human rights activist has claimed that the country is moving towards dictatorship, arguing that the current status quo is a push towards dictatorship and not democracy.
“I think so many instances have happened in the country over the period clearly indicate that we’re moving toward dictatorship. Expressing yourself and then you are questioned by the police means the police don’t want the citizens to hold the government to account.”

Mr. Jobarteh was speaking yesterday outside the Kairaba Police Station, where he was questioned on Tuesday by the police at the Kairaba station regarding an interview he granted during the recent “Black Lives Matter” protest, which took place opposite the U.S. Embassy.

He was quoted as saying the government didn’t do enough to ensure justice for the late Haruna Jatta a peaceful protester who was reportedly killed by the ECOMIG Forces that were stationed in Kanilai; Ousman Darboe who was also reportedly killed by personnel of the Anti-Crime Unit of The Gambia Police Forces and Kebba Secka, a former student of the University of The Gambia who was stabbed to death by a police officer.

He has now been charged by the police for false information and broadcasting in accordance with Section 181A (1) of the criminal code.

He said: “When citizens can’t hold the government to account, then that means we are going to have a situation of dictatorship because that means we’re going to have state that is unchecked, hence unchecked state is dictatorship.”

He recalled that Dr. Ismaila Ceesay, a political science lecturer at the UTG was also called by the police for questioning and only to be detained by the police for 24 to 48 hours. He added that some politicians like Fabakary Tombong-Jatta, Mamma Kandeh were also called for questioning.

“Again, if you look at what has been done to members of operation Three Years Jotna protesters, declaring their organisation to be “ban” are instances of dictatorship. The arbitrary closure of media houses and assault of journalists are signs that are very worrying for our democracy and they definitely don’t reflect democracy rather they reflect a dictatorship.”

Gambians, he went on, were expecting a system change after the change of government in 2016. “That was the expectation of everyone. We were expecting that we will have a system change and we will have abandoned all vestiges of the past, restore democracy, the rule of law and the protection of human rights,” he stated.

However, he was quick to add that to a large extent, “we enjoy a civil and political space but we have many significant instances of infringements that concern me for the fact that dictatorship doesn’t erupt in one day.”

“So, when you consider all these infringements over time, what it indicates is that, we are gradually moving toward dictatorship and away from democracy.”

He claimed that the police have failed to inform him as to who ordered for his questioning and extending his bail. “However, the impression I got from my interaction with the police is that it tells me that Pateh Bah is receiving orders from somebody above him and that could be as high as you think which is a concern really.”

The police, he opined, is supposed to be independent and professional. The police is supposed to be an institution who will act according to the law but not according to the opinion or to the orders of someone particularly when it concerns violations of the rights of citizens.”

Madi Jobarteh, who is also the Westminster Country Representative, has been asked to report to the Kairaba Police Station today. “I will not be reporting to the station after today. If the Police want me, let them come to my house and arrest me,” he emphasised.
Momodou Posted - 02 Jul 2020 : 13:25:54
I agree with you! I think Toubab 1020 should state his/her opinion.

quote:
Originally posted by rassimian

toubab 1020. It would be interesting to hear your opinion about this article. Part of your signature to this forum is 'You cannot defend the
indefensible' I would have thought that this was one occasion when you could elaborate on this premise. At least Momodou has stated his opinion which I fully agree with. If you believe in freedom of speech over the dictate of law then why not say so. Or maybe you don't ?
For too long the Gambian people had to put up with the repression of Jammeh's rule only to find that in reality nothing has changed much. Yes it appears that the 'modus operandi of the dictatorship is still intact' Those words themselves would probably find Momodou in the same position as Madi Jobarteh if he were in Gambia now.

Momodou Posted - 02 Jul 2020 : 13:24:02
"Rest assured of my unwavering stance for human rights and democracy in this country in our lifetime! The State must be checked. An unchecked State is like a bull in a china shop! State Power must be in the hands of men & women with conscience otherwise no life is safe in that society! Check." Madi Jobarteh


This morning Madi went to the Kairaba police station and was told to report at Kaninfing police station.

This is what he wrote on his FB wall:

"I have just reported at Kairaba police station and Commissioner Pateh Bah said he is finished with my case and his directive is to send the file to Kanifing police station. We are now heading to Kanifing Police Station. Already this constitutes police harassment to me. Forward Ever. Backward Never."




Latest:
"I just left the prosecutor’s office at Kanifing police. I am reporting again on Monday and in preparation to go to court. Thanks to all of you for the show of support against this State harassment! Three years after we ousted dictatorship it is an insult to criminalize citizens for their opinion. No Dictatorship!" Madi Jobarteh
rassimian Posted - 02 Jul 2020 : 13:15:03
toubab 1020. It would be interesting to hear your opinion about this article. Part of your signature to this forum is 'You cannot defend the
indefensible' I would have thought that this was one occasion when you could elaborate on this premise. At least Momodou has stated his opinion which I fully agree with. If you believe in freedom of speech over the dictate of law then why not say so. Or maybe you don't ?
For too long the Gambian people had to put up with the repression of Jammeh's rule only to find that in reality nothing has changed much. Yes it appears that the 'modus operandi of the dictatorship is still intact' Those words themselves would probably find Momodou in the same position as Madi Jobarteh if he were in Gambia now.
toubab1020 Posted - 01 Jul 2020 : 17:02:40
quote:
Originally posted by Momodou

Intimidation and abuse of power. The modus operandi of the dictatorship is still intact.




RELTED Topic.

https://www.gambia.dk/forums/topic.asp?TOPIC_ID=17008

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