Case Of The 7 Gambian Journalists Background Updated Aug 5

Wednesday, August 5, 2009

BACKGROUND INFORMATION FOR EDITORS Friday, June 12, 2009 – Gambia Press Union reacts to televised statements made by Gambian Head of State President Jammeh, June 9th where he attributed the death of former GPU President Deyda Hydara to a crime of passion, calls “stupid” those questioning the circumstances surrounding his death and the Gambia Government’s inability/unwillingness to investigate further. He declares The Gambia a country of free expression. Monday, June 15 - Gambia Press Union (GPU) Executive members namely, Emil Touray, Secretary General, Sarata Jabbi-Dibba, Vice President and Pa Modou Faal, Treasurer were invited to the National Intelligence Agency Headquarters for questioning. Later that day, Pap Saine, and Ebrima Sawaneh, Publisher and Editor of The Point were also called for questioning. At the time, Mr Saine was minutes before acquitted over false citizenship charges by the Banjul Magistrates Court. The same evening, around 19:30 GMT Sam Sarr, Editor Foroyaa newspaper was arrested at his place of work. Abubcarr Saidykhan, a Foroyaa Reporter who was present at the time and taking pictures was also arrested. The group, were held incommunicado until shortly after 15:00 hours, Thursday, June 18th. Thursday, June 18 - The seven journalists, following a short court appearance during which they refused to take their plea were charged with three counts of 1) Conspiracy to publish sedition publication 2) Publishing seditious publication engaging Foroyaa and 3) Publishing Seditious Publication engaging The Point. At the time of Court appearance, legal counsels were not informed and had no access to the group. Six of them were remanded in Mile Two State Central Prisons until Monday June 22. During this period, none of them had access to counsel. Sarata Jabbi-Dibba, GPU vice president and a nursing mother was granted bail at the sum of D200, 000 (US$8,000), two Gambian sureties and two landed properties. Around 15:00 hours, Halifa Sallah, editorial board member, Foroyaa newspaper was tricked into arrest by the NIA who called and requested that he serve as surety to Foroyaa members of staff. Upon arrival at the Agency, he was arrested and detained overnight, taken to Court Friday June 19th and released on Court bail. Abba Gibba, an assistant editor of The Point newspaper was also arrested the same day for “continuing publication” whilst its publisher and editor were in detention. Gambia Press Union, No. 5 Garba Jahumpa Road, Bakau Newtown, P.O. Box 1440, Banjul The Gambia email: [email protected] URL: www.gambiapressunion.org Tel: (220) 9851762

Monday, June 22 – The group were granted bail by Magistrate Sainabou Wadda of the Kanifing Magistrate’s Court to the tune of D200, 000 (US$8,000) each with two Gambian sureties and two landed properties. Sittings were adjourned to July 7 for the accused persons to take their plea.

Hundreds of Gambians, including journalists and family members of the accused journalists were asked out of the court premises. The Court house was heavily guarded by military personnel, armed in riot gear. The UK High Commissioner, the US Ambassador to The Gambia and other high profiled Gambians were present in Court. Augustine Kanjia, columnist at The Point was also arrested and detained for three days for apparently taking photos of the crowds and armed paramilitary officers from the Police Intervention Unit who had cordoned off the Courts and closed roads leading to the Court. He was held at the Serrekunda Police Station. Friday, July 3 – The seven journalists, in what can be best described as a trial within a trial were summoned (July 1) to appear before Justice Joseph Wowo of the Banjul High Court, charged with the initial charges of sedition and three other counts of defamation. Justice Wowo revoked their initial bail conditions, and sent them back to Mile Two State Central Prisons. Hours later Sarata Jabbi-Dibba was released with a bail bond of Dalasis 400,000 (US$16,000) two Gambian sureties and two landed properties in the Greater Banjul Area. Monday, July 6 – The other six journalists get similar bail conditions of each Dalasis 400,000 (US$16,000) two Gambian sureties and two landed properties in the Greater Banjul Area. Wednesday, July 8 - Lawyers for six of the journalists object to two ‘defective’ and ‘invalid’ charges as they are not offences known to the laws of The Gambia. Representing himself, Sam Sarr of Foroyaa associated himself with the arguments of the defence team and also made reference to and further drew the court’s attention to Section 53 (2) of the Criminal Code Amendment Act of 2005 which he said, was not in conformity with the charges preferred against them. Sittings were adjourned to Friday, July 10th for a prosecution response. Amongst observers in the crowded court room, US Ambassador Barry Wells, a representative of the UK High Commissioner and a trial observer, a lawyer from the International Bar Association and leader of the opposition United Democratic Party. Friday, July 10 - Despite open defence objections, the trial of the seven journalists proceeds “In Camera” as prosecution declares state security interests. Tuesday, July 21 - Defence team asks Justice Wowo to step down from the case citing open bias. All Gambia Press Union, No. 5 Garba Jahumpa Road, Bakau Newtown, P.O. Box 1440, Banjul The Gambia email: [email protected] URL: www.gambiapressunion.org Tel: (220) 9851762

through the case, Justice Wowo openly denied defence opportunities to argue and continued to hold sittings In-Camera. Thursday July 2 - Defence team walks out of Court citing open bias and a refusal to comply with Judge’s insistence on in-camera proceedings. Defence also files formal complaint of open bias to Chief Justice. Tuesday, July 21 – President Jammeh issues televised threat to those “rat pieces” who call themselves journalists and says they will be “dealt with to the letter” Tuesday July 28 - Case transferred to Justice Emmauel Fagbenle of the High Court. Trial commences in Open Court. Abubakar Saidy Khan, Reporter, Foroyaa newspaper acquitted and discharged over “wrong” charges. He was initially arrested for taking photos of his editor being arrested but charged with same counts of sedition and defamation.

Note: Since the wave of arrests, there has been unprecedented Global outcry and condemnation of the state of freedom of expression and human rights abuses in The Gambia. National journalists associations and rights groups led by institutions such as the International Federation of Journalists, the Federation of African Journalists and the West African Journalists Association have all issued statements, visited and demonstrated outside Gambian embassies in main capitals in Europe and the sub-region, held vigils and the NUJ (UK) has opened a legal defence account for the group. The ITUC and UK Workers Union who have also issued statements addressed to the Gambian leadership and the European Union took an active part in highlighting the state of human rights abuses in The Gambia. The African Commission on Human and People’s Rights Special Rappatoeur on Freedom of Expression, the UK (EU Presidency) and US embassies in The Gambia have also issued statements of concern and called for the state to drop the charges against the journalists. The Union itself has targeted all regional and international groupings of which the Gambia is a member and signatory. Other human rights groups such as Amnesty International issued urgent actions and petitions and organized a Gambia Day of Action on July 22, coinciding with major victory, freedom celebrations in The Gambia of the Jammeh administrations 15th year in power following the 1994 coup d’etat.

Gambia Press Union, No. 5 Garba Jahumpa Road, Bakau Newtown, P.O. Box 1440, Banjul The Gambia email: [email protected] URL: www.gambiapressunion.org Tel: (220) 9851762

Gambia Press Union, No. 5 Garba Jahumpa Road, Bakau Newtown, P.O. Box 1440, Banjul The Gambia email: [email protected] URL: www.gambiapressunion.org Tel: (220) 9851762