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Momodou
Denmark
11855 Posts |
 Posted - 07 Apr 2008 : 20:04:02
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Civilians Empowered To Arrest At Airport
By Isatou Bittaye
Gambian citizens are now mandated to arrest persons who commit offences or crimes at the Banjul International Airport. This mandate has been given under the new amended Civil Aviation Act, 2008 on Thursday, at the National Assembly.
Moving the Bill before parliamentarians, the Secretary of State for Works, Construction and Infrastructure, Lamin Bojang, said the Bill seeks to support some of our civil aviation legislations with international conventions of which The Gambia is a part. SoS Bojang added that The Gambia is a signatory to these international conventions on Civil Aviation 1994. He said the safety and security of international civil aviations can be achieved by implementing the provisions of the said conventions. SoS Bojang noted that the adherence and implementation of the civil aviation provisions are crucial. He indicated that the International Civil Aviation Mandatory Universal Safety Convention 2005 and the UN Civil Aviation Authority 2004 highlight some defects in The Gambia Civil Aviation. He said The Gambia should satisfy the minimum Civil Aviation Act which brings in new concepts to reflect elements required in modern day Civil Aviation industry. SoS Bojang noted that the amendment of the bill will enable security officers to carry out their duties diligently which will enable them to be more functional and effective. “There is need for the Civil Aviation legislation to be in line with the Chicago convention,” he said.
In seconding the Bill, the majority leader and member for Serrekunda East, Fabakary Tombong Jatta, said it is good that laws that are not in the interest of The Gambia are amended. Hon. Jatta added that the security of airports is very important for any country to ensure that aircrafts come into your state. He said proper security at the airport is needed in order to attract aircrafts into the country. Hon. Jatta indicated that the law mandates citizens to be able to arrest people who commit crimes at Airport, but the civilians should only arrest in the absence of a security officer and should hand over the culprit to the security or the nearest police station.
The member for Wuli West, Hon. Sidia Jatta, said it is good that the new law will enable civilians to arrest people at the airport, but proper sensitization on this should be conducted. Hon. Jatta said people can know that they have the right to arrest at the Airport if they are informed. He urged the Civil Aviation Department to utilize the Radio and Television to sensitize people on this development.
Also contributing, the member for Jimara, Hon Mama Kandeh reiterated the need for sensitization. Hon Kandeh noted that tight security should be put in place at the Airport in order to protect citizens and ensure that aircrafts come into the country. He added that if proper security is available people can have access to direct flights to any destination they are going.
Source: Foroyaa Newspaper Burning Issues
Issue No. 40/2008, 7 – 8 April 2008
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A clear conscience fears no accusation - proverb from Sierra Leone |
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jambo
3300 Posts |
Posted - 08 Apr 2008 : 12:07:23
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Gambian citizens are now mandated to arrest persons who commit offences or crimes at the Banjul International Airport. This mandate has been given under the new amended Civil Aviation Act, 2008 on Thursday, at the National Assembly.
does this mean that the theft by airport staff for fees could be stopped. |
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kayjatta
2978 Posts |
Posted - 08 Apr 2008 : 12:25:26
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Possibly Jambo. But this new law is troubling to me because it is very likely to be abused by the undercover July 22nd. thugs to harrass and arrest suspected political and other opponents. I suspect the "public" that the government is contemplating in this law is not you and I, they are most likely contemplating the government-operated civilian thugs.
Generally you cannot arrest someone unless you have a court issue warrant for it based on probable cause, except when a crime is committed or about to be committed in the presence of law enforcement personnel. To empower lay people (non-police personnel without legal knowledge) to arrest people could be open to serious abuse of the principle of due process. This appears to be a legal mine field... |
Edited by - kayjatta on 08 Apr 2008 12:28:18 |
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mansasulu
997 Posts |
Posted - 08 Apr 2008 : 14:46:45
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| You raised very valid concerns Kay. I can already see July 22nd movement militants having afield day with this new law. |
"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)
...Gambian by birth, Muslim by the grace of Allah... |
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tamsier
United Kingdom
558 Posts |
Posted - 08 Apr 2008 : 15:53:12
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| I agree with Kay. citizen arrest should be enshrined in constitutional law [as long as they witnessed a crime being committed, they should intervene if they are competent to do so, or at least notify the authorities]. However, there are limits. The issue here is not about giving citizens the right to arrest, but ensuring there is a strong force present in Airports to deter any potential crime. The behaviour/conduct of these officers is another crucial issue. They must be seen to be performing their duties in a professional and ethical manner rather than getting involved in 'thuggery'. |
Tamsier
Serere heritage. Serere religion. Serere to the end.
Roog a fa ha. |
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kondorong
Gambia
4380 Posts |
Posted - 08 Apr 2008 : 17:40:40
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As far as i know, there are security or supposed to be security personnel in the Airport. Citizens arrest is guaranteed under the constitution, but i am hesitant why it seems part of a bill specifically for the airport.
Kay
Your analysis is very important. Can i arrest a customs officer who asks for a bribe or who refuses to give a receipt or state less on the rceipt? these are crimes by the way.
Can i arrest any public official who has no airport ID card in restricted areas of the airport? It does not matter if you are NIA or any body. The airport has zones and restricted based on need.
Can i arrest a driver who is wrongly parked at the airport except in the designated areas? Can i arrest a Driver who has no Drivers License or worn out tires?
Can i arrest any one selling within the airport who cannot show that they have paid duties to sell which includes the mano, orange sellers?
Can i arrest for over speeding in the airport or reckless driving?
The list goes on an on.
Personally, i think this "new" law is a political showmanship. The current rules are sufficient to not need it. The Civil Aviation Act, the Criminal Code and Constitution definitely suffice.
Citizens arrest should not be confined to the airport alone. The problem is, Gambia is loosing her competitive advantage in the region and attracting fewer flights in and out of the airport.
This certainly will not boost our category ratings with the FAA. |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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toubab1020
12314 Posts |
Posted - 08 Apr 2008 : 21:34:35
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Kons,
I agree,there is something behind all this, |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Janyanfara
Tanzania
1350 Posts |
Posted - 09 Apr 2008 : 03:17:48
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If citizens can arrest at the airport now as deliberated by our legislators without defining what section of the citizenry,They would create a chaotic situation and a kind of witch hunt at our airport and only the future will tell wheither this new law would be fully observed without fear favour illwill or affection.
I agree with past commentators about the issue of the Big man's boys/girls abusing this law and terrorising opponents of the regime.
Am so concerned with this kind of open legislation though all citizens are police officers in their duty to protect the sovereignty of their nation.But who are those to implement this law?Is it anybody? And if so ,what would happen when one arrests an NIA officer or a custom or police officer for taking bribes as Kon rightly asked, where would the arrests be taken to and who would they be handed over to? |
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toubab1020
12314 Posts |
Posted - 09 Apr 2008 : 11:11:31
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quote:
Originally posted by Janyanfara
,what would happen when one arrests an NIA officer or a custom or police officer for taking bribes as Kon rightly asked, where would the arrests be taken to and who would they be handed over to?
JAY.
Rest assured that no one of the common citizenary is going to arrest anyone of the people you mentioned above,if I am correct just who are they going to arrest? Can anyone suggest who this might be?
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 09 Apr 2008 : 11:31:13
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Generally, citizens can and should REPORT criminal and suspicious activities to the appropriate authorities. This is perhaps supported by the so-called "whistle blower" doctrine in law. But to mandate the civilian population who are not trained in law enforcement to arrest people seems to amount to putting the law into the hands of the mob. July 22nd Movement will have a field day.
Toubab, the scenario above is not likely to happen. That is not even what the government contemplates. What is likely to happen is that the NIA and the JUly 22nd Movement will be pestering, harrassing and arresting innocent people purely for political reasons... |
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toubab1020
12314 Posts |
Posted - 09 Apr 2008 : 11:51:41
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I see...........so nothing at all to do with arresting criminals?
but why only at the airport?
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 09 Apr 2008 : 11:55:52
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| I do not know for sure, time will tell; but may be you and I should be careful when we arrive at the Yundum International Airport. |
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kaanibaa
United Kingdom
1169 Posts |
Posted - 09 Apr 2008 : 20:31:39
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| Empowering the citizen with mighty powers of arrest without educating them on the limits of such powers is in my opinion dangerous. Police /security officers may use their powers of arrest without warrant under certain circumstances and even use force to effect such arrests , the big issue is when such force becomes excessive and even results to injury or even fatality. In such circumstances the individual citizen would then have to explain why he/she used such force and it would be up to to him/her to show that reasonable force was used. Even trained officers do get entangled in such scenarios and find it exceeding difficult to get away from the resultant legal actions taken against them. The onus is always on the arresting individual to show that the force used was reasonable and the court would judge each case based on the evidence adduced before it. The risk of untrained citizens using excessive or abused powers of arrest is very high considering the legal implications involved. It is not only the arresting of offenders that matters but proving that an actual offense deed take place should be of concern to the citizen. a layman's view of what constitutes an offense may not stand the test of a legal challenge and thus such arrest could be open to litigation where one feels that there was an unlawful arrest or use of unreasonable or excessive force occasioning injury. I want believe that the recent enactment was intended to cover the use of such powers by the civil aviation authority guards who by all definitions are civilians and so might not be covered by the police powers of arrest. |
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kondorong
Gambia
4380 Posts |
Posted - 09 Apr 2008 : 21:31:46
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Kaaniba
I also saw that issue. The inability of Airport Security staff who are civilians and not part of the "uniformed" forces.
But quite close to these are the Airline Security although they more confined to the terminal area and the loading area(cargo).
By the way, there is a police station in the airport, NIA and the military barracks about 50 feet from the airport. I believe there is enough force to the rescue to not include civilians. |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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Karamba
United Kingdom
3820 Posts |
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kayjatta
2978 Posts |
Posted - 10 Apr 2008 : 07:09:41
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The airport security as well as other civilian security services, for example 'wackenhut' have the authority to intercept (arrest if you like) and briefly interrogate someone believed to have committed a crime within their location of work. The arrest must be based on probable cause, and the interrogation must be very brief and voluntary.Subjecting a suspect to a long detention and interrogation against his will could constitute a charge of false imprisonment, which is a civil wrong that could result in monetary damages. They must contact the police immediately or as soon as possible, who will then take over the matter.
This new legislation in the Gambia could have explicitly say the "airport security", instead of just civilians. By deliberately using the broader term "civilians" the legislation is obviously contemplating groups or individuals other than the uniformed civilian security services at the airport and elsewhere. This I believe is the legislative intent. And this I believe is what creates the loophole for sinister groups like the July 22nd Movement and others to come in... |
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