Gambia: NHRC Chairman Laments On Would-Be Torture Bill

8 June 2022
The Point (Banjul)
By Ismaila Sonko

Emmanuel D. Joof, the chairman of the National Human Rights Commission (NHRC) has said that The Gambia has presented the Prevention and Prohibition of Torture Bill, 2020 before the National Assembly.

Mr. Joof made this remark during their recent engagement with the press at the NHRC headquarters in Kotu.

He said the Bill is yet to be enacted into law. "The importance of the Bill was buttressed by President Adama Barrow during the opening of the Legal Year in February 2021 at which he (President) further promised that it would be approved," he added.

Chairman Joof added that the NHRC also investigated a complaint of alleged human rights violations against the Drug Law Enforcement Agency Gambia (DLEAG) during the year under review (reporting year).

According to him, the commission found that the complainant's rights to protection from inhuman treatment and the right to personal liberty guaranteed by Sections 21 and 19 respectively of the 1997 Constitution were violated.

He said the challenges continue to affect the effective protection and enjoyment of the rights against torture, cruel and inhuman degrading treatment.

He noted that The Gambia does not have a law that expressly criminalises torture, as such, prosecution of perpetrators remains a challenge - some alleged perpetrators of torture and their accomplices in the previous regime continue to hold senior positions in the government.

He mentioned that law enforcement officers have limited knowledge of human rights in the execution of their work and there is the absence of effective remedial mechanisms such as proper and impartial investigation and disciplinary mechanisms in law enforcement that perpetuate the culture of impunity.

He said in collaboration with the police, the NHRC should support the design and implementation of relevant training on human rights based approaches to policing and human rights in general, especially for officers of the Anti-Crime Unit.

"Enact into law, the Prevention and Prohibition of Torture Bill 2020 and ensure its popularisation and effective enforcement and implementation," he said.

He indicated that The Gambia government through the Ministry of Interior should improve the capacity of law enforcement agents on human rights and modern human rights based methods of interrogation and interviewing.

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