Innocent Anaba
26 June 2008
Lagos — Socio-Economic Rights & Accountability Project (SERAP) and Committee for Defence of Human Rights (CDHR) have asked the Gambian government to implement the judgment of the ECOWAS Court of Justice in Abuja, which ordered the release from unlawful detention of journalist Ebrimah Manneh, and the payment to him of $100,000 as damages.
The groups in a joint statement, said "we welcome the judgment by the ECOWAS Court of Justice and strongly urge The Gambia to implement fully the judgment, which is binding, in order to put an end to a circle of impunity and unjust treatment of Ebrimah Manneh by the authorities.
The Government must immediately release him, restore his dignity and security, and pay the damages ordered by the Court." "This judgment is an important victory for human rights, and a reminder to the Government to take its international human rights obligations seriously, and to act in good faith to end the entrenched culture of impunity in the country, which is fuelling further human rights violations," they added. According to the groups, "given that The Gambia's appalling human rights record, and the disrespect it has shown to the court so far, we urge the ECOWAS Authority of Heads of State and Government to put pressure on Gambian authorities to implement the court's judgment, and to consider further measures should the Government continue to refuse to give effect to the judgment. We hope this judgment will galvanize more victims of human rights violations in the Gambia and elsewhere in the West African sub-region, including Nigeria, to approach the Court for justice". It would be recalled that Gambia had ignored the letter by Ebrimah Manneh's counsel, demanding his release. The Government also failed to file a defence or enter an appearance, despite being served with several hearing notices by the court.
Instead, the government wrote the court saying that it had decided not to participate or attend proceedings of the Court. The ECOWAS Court of Justice in a judgment in the suit by Manneh, challenging the infringement on his right to liberty and to fair trial, which are protected under Articles 6 and 7 of the African Charter on Human and Peoples' Rights, held that "the arrest and detention of the plaintiff is contrary to the rules enshrined in Articles 6 and 7(1) of the African Charter on Human and Peoples' Rights.
The Court said that "there is a presumption of innocence in favour of the liberty of the individual. Therefore, any infringement on the liberty of the individual must be clearly in conformity with reasons and conditions previously laid down by law, otherwise any such deprivation or limitation of the liberty cannot be sustained."
"The plaintiff has been denied his right to have his cause heard by an impartial court or tribunal as the defendant had failed to put him before such competent court or tribunal for his guilt or innocence to be established. The court found, that "holding a person for over a year without trial will be an unreasonable period unless proper and distinct justification is provided."
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