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 Politics: Gambian politics
 Detention of One Bunja Nyassi
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Momodou



Denmark
11699 Posts

Posted - 11 May 2017 :  09:42:17  Show Profile Send Momodou a Private Message  Reply with Quote
WHY IS BUNJA NYASSI STILL DETAINED WITHOUT TRIAL?

Foroyaa Editorial: May 10, 2017


QUESTION OF THE DAY


WHY IS BUNJA NYASSI STILL DETAINED WITHOUT TRIAL?
http://www.foroyaa.gm/archives/15586

The wife of Bunja Nyassi is roaming about to find out why her husband is still detained. She does not have a clue as to why he has been detained for more than 72 hours.

In any democratic society government officials must read the newspapers daily to find out what is said about theirdepartments or their individual persons. This enables them to know what to do to remedy shortcomings.

Foroyaa has been reporting that Bunja Nyassi is detained at the military police in Yundum Barracks. One would have thought that by now a government official would take action to address the problem. Nothing of that sort has happened.

It is therefore important for Foroyaa to start a campaign against the detention of persons without trial for more than 72 hours.

A clear conscience fears no accusation - proverb from Sierra Leone

Momodou



Denmark
11699 Posts

Posted - 16 May 2017 :  13:10:39  Show Profile Send Momodou a Private Message  Reply with Quote
WHY IS BUNJA NYASSI, A CIVILIAN STILL DETAINED UNDER THE MILITARY POLICE WITHOUT TRIAL?

Foroyaa Editorial: May 15, 2017

http://www.foroyaa.gm/archives/15640

QUESTION OF THE DAY

WHY IS BUNJA NYASSI, A CIVILIAN STILL DETAINED UNDER THE MILITARY POLICE WITHOUT TRIAL?

The detention of any person in The Gambia without trial for more than seven two hours constitutes a gross violation of section 19 of the Constitution. The relevant portion of section 19Section 19 reads:

This is the law of the land. The courts have been given absolute authority to determine whether a person under detention should be kept under detention or released on bail after seventy two hours in custody. To continue to detain Bunja Nyassi after seventy two hours for any purpose constitutes gross impunity.

It is amazing that the human rights associations are still silent on this matter after repeated exposure by Foroyaa. This is the opportunity for human rights lawyers to assist the family to take up a case at the high court for unlawful detention. Bunja Nyassi should be taken to court or released. This is the demand of the Constitution, the supreme law of the land.

A clear conscience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
11699 Posts

Posted - 17 May 2017 :  08:40:01  Show Profile Send Momodou a Private Message  Reply with Quote
GAF PRO EXPLAINS BUNJA NYASSI’S DETENTION
By Mustapha Jallow

Foroyaa: May 16, 2017


http://www.foroyaa.gm/archives/15658

After the publication of Bunja Nyassi’s detention at Yundum barracks for more than 72 hours, the PRO of the Gambia Armed Forces Lieutenant Colonel Omar B. Bojang, yesterday called Foroyaa to explain that Bunja is a military man given the rank of major. He further explained Bunja Nyassi’s history. He did not explain that he is charged with a crime. He only explained that he is detained under the Armed Forces Act and other laws of the Gambia including the constitution and is under investigation.

PRO B. Bojang indicated that Bunja Nyassi and some others were not treated as civilians, adding that they have been recruited discreetly into GAF by the former president Yahya Jammeh, who gave them ranks and salaries.

‘‘They have been conducting spy activities for the former regime, and they report directly to him or some of his trusted aides, and as at now our investigation has revealed that the trio have received various military trainings while in Libya before joining the GAF and they also fought alongside Charles Taylor, the former Librarian ruler and they were brought back in the country by the former regime,’’ he narrated.

He said that while the trio and others who are still at large were in the country, they were invited for a meeting at state house by ex-president Jammeh of which they were secretly enlisted into the GAF and they were given ranks and paid salaries under the GAF.

‘‘They were given military ranks but not civilian ranks so that is why we are still holding them and under the Gambia Armed Force Act ‘a soldier or officer can be put under service custody and investigation can go on and it can be renewed by a competent authority through the request of investigators. The service custody might go beyond 72 hours as enshrined by the Gambia Armed Forces Act and Regulation,’’ B. Bojang, GAF spokesperson explained.

He disclosed that the members of the GAF have two laws that are guiding them and that is the constitution and GAF Act or the service law.

In conclusion, PRO B. Bojang said that they have set up an investigation panel team consisting of the military intelligence, National Intelligence Agency and Police who are still investigating and these three people may be prosecuted soon.

Mr Nyassi was picked up again and taken to Yundum Barracks on Monday, 6 March, 2017 around 8pm. The resident of Bakoteh was earlier arrested by two men in plain clothes on February 2, around 11am and was briefly held at the Bakoteh Police Station before being transported to the police headquarters in Banjul, where he was detained for 6 days without any court trial before his release on 7 February.

Mrs. Kadijatou Gibba Nyassi indicated that the Military police have allowed them to be visiting him or bringing food and clothes for him at the said Yundum Barracks. Foroyaa has also learned that Bunja’s commercial ‘gele-gele’ has been seized and is presently parked at the Barracks.




THE ISSUE OF BUNJA NYASSI IS OF FUNDAMENTAL IMPORTANCE


Foroyaa Editorial: May 16, 2017

http://www.foroyaa.gm/archives/15662

He has a history. However that history is immaterial until he is charged with a crime. We have received explanation from the GAF PRO indicating that he is a military man. The wife has also informed us that her husband is a civilian. She has explained the same history of the man as the PRO alluded in his explanation.

According to Gambian law a person is presumed innocent until proven guilty. Furthermore no crime can be alleged until a person is charged. Detention for 72 hours without charge or appearance before a court is unlawful. In that respect also it is unreasonable and unjustifiable. The new Gambia should not condone such an act.

We are therefore calling on the authorities to give a fresh look at the detention without trial of Bunja Nyassi. It should be born in mind that many prisoners including the Farafenni attackers were pardoned. Hence it is very significant for the current administration to have relevant evidence to hold anyone in custody and try such a person.

A clear conscience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
11699 Posts

Posted - 19 May 2017 :  22:37:46  Show Profile Send Momodou a Private Message  Reply with Quote
BUNJA NYASSI AND OTHERS RELEASED ON BAIL

Foroyaa Editorial: May 19, 2017

http://www.foroyaa.gm/archives/15701

Foroyaa has the duty under section 207 of the Constitution to uphold the fundamental rights of citizens as guaranteed under Chapter 4 of the Constitution and further promote the responsibility and accountability of the government to the people. It has never deviated from this provision of the Constitution.

In the case of Bunja Nyassi we have made it abundantly clear that the Constitution does not allow for his detention for more than 72 hours without being taken before a court or released on bail. We gave the army the opportunity to explain why he is being detained. We deliberately published the views of the PRO of the armed forces so that the ground for his detention is known to the public.

Every enlightened Gambian who read the position of the PRO would be clear that he was not stating the position of the Constitution. The Armed Forces Act is subordinate to the Constitution of the Republic of The Gambia. Hence no provision of that Act could contradict section 19 of the Constitution without being null and void. That is the letter and spirit of the Constitution.

The story about the history of Bunja Nyassi, his association with Charles Taylor, and alleged service to Jammeh are not relevant unless he is charged with a crime and taken before a court. As long as he is not charged with a crime, all comments on his background will amount to trial by press rather than trial by an independent and impartial tribunal. The public should therefore disregard anything said about a person under detention like Bunja Nyassi, touching on their history, personality or character and only take note of the verdict of a court.

Under section 24 of the Constitution even an accused person is presumed innocent until proven guilty. Hence the armed forces have done the right thing in releasing Bunja Nyassi on bail.

It is the promise of the government that under the new dispensation there will not be any detention without trial and any disappearance without trace, all law enforcement officers and members of the disciplined force should take note of this promise and accordingly safeguard it.



BUNJA NYASSI AND TWO OTHERS RELEASED ON BAIL
By Mustapha Jallow
Foroyaa: May 19, 2017

http://www.foroyaa.gm/archives/15693

Bunja Nyassi, Musa Njie and Ebrima Waa Drammeh who were arrested and detained at the Yundum Barracks, have been released on bail, yesterday around 4pm, a military source disclosed.

The release of this trio comes in the wake of repeated calls by this paper for compliance with section 19 of the Constitution which stipulates that a person detained without trial should be released or taken to court within 72 hours.

GAF spokesperson, Lieutenant Colonel Omar B. Bojang confirmed the report and said that the three men were finally released on bail but that they would be reporting on bail starting from Monday 22 May 2017 at the Yundum Barracks under the Military Police. He added that no charges have been preferred against them yet as the panel of investigators are still investigating the matter.

In her brief remarks, Bunja’s wife Mrs. Kadijatou Gibba Nyassi said: ‘‘While I was at home, I received a phone call from the said Barracks that I should come for my husband with a national ID. Upon arrival they told me to wait as I’m going to bail my husband and finally we bailed him from the custody of the military police and he would be reporting at the Barracks. We were in a desperate situation because it was not easy to keep a family man at one place for months.”

In a recent interview PRO B. Bojang told Foroyaa that Bunja, Waa and Musa have not been treated as civilians, adding that they have been recruited discreetly into GAF by the former president Yahya Jammeh, who gave them ranks and salaries. But Bunja’s wife denies that her husband has been part of the armed forces.

Gambia Armed Forces PRO B. Bojang had earlier told this paper that a panel of investigators has been set up made up of the military intelligence, Intelligence Agency and Police to investigate suspects.

This was the second arrest of Bunja Nyassi when he was picked up and taken to Yundum Barracks on Monday, 6 March, 2017 around 8pm. He was at first arrested on 2 February and detained at the police headquarters before his release on 7 February 2017.

Mrs. Kadijatou Gibba Nyassi indicated that the military police have allowed them to be visiting him or bringing food and clothes for him at Yundum Barracks. Foroyaa has also learned that Bunja’s commercial ‘gele-gele’ has been seized and is presently parked at the Barracks.

For his part, Musa Njie was arrested and detained at Yundum Barracks since on 13 March, 2016. Military sources disclosed that Mr Njie was picked up by officers in the Military Police and then taken to their Barracks, where he is currently facing investigation.

Ebrima Waa Drammeh, was also arrested and detained at Yundum Barracks since on Monday, 6 March 2017, around 11am.

A clear conscience fears no accusation - proverb from Sierra Leone
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