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Momodou
Denmark
11733 Posts |
 Posted - 31 Dec 2006 : 19:51:48
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Foroyaa Editorial:
SEPARATION OF NIA FUNCTIONS FROM MILITARY AND POLICE FUNCTIONS
IS DETENTION WITHOUT TRIAL ON THE WAY OUT?
On the way out Foroyaa has been informed that measures are being taken to put an end to the trend of detention without trial which has earned the country so much bad publicity. The trend can only come if the authorities try to separate NIA functions from Military and Police functions.
Section 178 of the constitution establishes a police force and asserted that “the police shall be equipped and maintained to perform its traditional role of maintaining law and order, and such other functions as may he prescribed by an Act of the National Assembly.”
Section 186 of the constitution established the Armed Forces of The Gambia. It states that “the Armed Forces shall be equipped and maintained to perform their role of defence of the Gambia as well as such other functions for the development of The Gambia as provided in this constitution.”
Those functions are spelt out in section 187 which states that “the principal functions of the Armed Forces are:
(a) To preserve and defend the sovereignty and territorial integrity of The Gambia
(b) To aid the civil authorities at their request in emergencies and in the case of national disasters.........”
The provision emphasises among other things that “it shall be the duty of the members of the Armed Forces to respect the fundermental rights and freedoms of other persons”.
Section 191 established the National Intelligence Agency under the direct command of the president.
The functions of the NIA are to:
(a) obtain and provide the government with information relating to actions or intentions of persons which may be a threat to state security;
(b) protect the security of the state, generally, and in particular, protect the state against threats from espionage, terrorism and activities relating to sabortage undertaken by Gambians or foreigners, agents of foreign powers, organisations or institutions;
(c) take adequate precautions to protect the state against actions which may undermine the government or leads to the overthrow of the government through industrial, violent or other means;
(d) take necessary measures to safeguard the welfare and economic wellbeing of the persons living in The Gambia, against threats posed by internal or external aggressors;
(e) investigate and obtain information relating to the prevention or detection of serious or economic crime; and
(f) undertake such assignment as may be assigned to it by council.
Hence the proper thing for the NIA to do is to restrict it self to gathering information which it can pass to the military intelligence when it deals with threats to national security and to the police when it deals with law enforcement issues.
This will free the NIA headquarters of detainees and make it unnecessary to take a person to such headquarters. They could conduct investigations of matters with the police and armed forces.
The separation of functions is absolutely essential to change the image of the NIA.
Source: Foroyaa Newspaper Burning Issue
Issue No. 117/2006, 29 Dec 2006 - 02 Jan 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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