Nu By Mama A. Touray
The National Human Rights Commission(NHRC) has recommended that the Gambia Government prosecute state agents responsible for the “maltreatment” of Bakary Mankajang.
The 2023 State of Human Rights Report stated that in September of last year, BakaryMankajang, a social media influencer, was called for questioning by the police and detained incommunicado for three days before being charged with interfering with witnesses immediately after the arrest of OusainouBojang, the accused in the killing of the two PIU Officers at the Sukuta-Jabang Junction.
According to the report, Mr. Mankajangalleged that he was deprived of food, water and access to legal representatives during his detention at the Police Anti-Crime Unit in Banjulinding and that his family did not know his whereabouts.
The report further stated that in 2023, NHRC received five complaints of alleged torture, inhumane and degrading treatment or punishment cases and that one of the alleged cases was reported against a police officer in URR, two cases were reported against Drug Law Enforcement Agency officer in CRR and WCR, one case against immigration officers at Brikama and the last one against a local psychiatric treatment center in West Coast Region.
“In addition to the above-reported cases of alleged torture, inhumane, and degrading treatment, it was also monitored on social media that in April 2023, a man in Nema-Su reportedly tied a young girl, said to be his niece, to a tree and subjected her to serious beating. A neighbor reported that the girl was beaten and tied to a tree for over six hours by her uncle. This prompted many Gambians to call for the alleged perpetrator to be brought to book,” the report stated.
NHRC added that on July 20, 2023, Justice Tabally of the Brikama High Court delivered a landmark judgment against police officers,who were found guilty of torture against a civilian, and the victim was eventually given D425,000 for compensation, legal and administrative costs.
The commission noted that the complaints lodged at the NHRC and the case ofMankajang all point towards torture and that the state should not allow its agents to subject people to torture.
NHRC recommended the government put in place implementation infrastructure for the Prevention and Prohibition of Torture Act 2023 and enforce its provisions, prosecute private individuals accused of engaging in acts of torture and ratify OPCAT and set up the National Preventive Mechanism and train law enforcers on the Prevention and Prohibition of Torture Act 2023.
“It is worth noting that the National Assembly in March 2023 enacted the Prohibition of Torture Act, which provides the legal framework for the prohibition, prevention, and punishment of any form of torture and other forms of cruel, inhumane or degrading treatment in The Gambia and the penalties aimed at ensuring accountability for acts of torture,” the report highlighted.
The Commission stated that the enactment of this act is commendable as it shows progress in combatting torture as a human rights violation.