gpu condemns conviction of six journalists - final draft

8/14/2019 GPU Condemns Conviction of Six Journalists - Final Draft

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GAMBIA PRESS UNIONNO. 5 GARBA JAHUMPA ROAD BAKAU NEWTOWN

P. O. Box 1440, Banjul, The Gambia

email: [email protected] url: www.gambiapressunion.orgPress Release

Thursday, August 6, 2009

15:00HRS

GPU CONDEMNS CONVICTION, IMPRISONMENT OF SIX

JOURNALISTS

The Gambia Press Union vehemently condemns the conviction, jailing and heavy fines, today of sixGambian journalists, three of whom are members of the Union Executive, Emil Touray; secretary general;

Sarata Jabbi Dibba, vice president and Pa Modou Faal, treasurer; Pap Saine and Ebou Sawaneh, The

Points publisher and editor respectively; And Sam Sarr, editor, Foroyaa newspaper.

The group have been convicted of all six counts and sentenced to two years imprisonment without the

option of a fine for four of the counts and fined each 250,000 Dalasis (about US$10,000) on the other two

counts, failure to pay, they will serve two years for each count.

Today, August 6 marks one of the darkest days in the history of the Gambian judiciary, where a judge of

the High Court, Justice Emmanuel Fagbenle, despite Constitutional guarantees to Freedom of Expression,

an independent judiciary and despite a weak and senseless prosecution effort, has allowed himself, to beused openly and publicly by the Executive to further enforce its reign of terror.

The pain and trauma inflicted on these gallant journalists and their families, the Union and its

membership by the state authorities and a legal system geared towards bolstering tyranny and oppression

is unimaginable. Yet, we are hopeful that in a regional and world community that respects and promotes

the ideals of freedom of expression, good governance and democratic principles, the freedom and rights

of our colleagues will be guaranteed.

The Union will immediately launch an appeal in The Gambia Court of Appeal, for one reason and one

reason alone. It is the only institution that can overturn the decision of the High Court.

In a similar manner and for the fact that we have no faith in a flawed Gambian judicial system that

demonstrates open bias, we shall simultaneously seek redress through the African Commission for

Human and Peoples Rights and the ECOWAS Community Court of Justice. At this point it is also

worthy to mention that at least on two occasions whilst the trial was ongoing, the head of state, President

Yahya Jammeh issued direct threats to journalists and others hiding behind freedom of expression. Our

Constitutional and international guarantees to freedom of expression aside, we find this and other

procedural flaws enough grounds for appeal.
mailto:[email protected]://www.gambiapressunion.org/mailto:[email protected]://www.gambiapressunion.org/


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The fact that the case, from the onset should have been heard at the Criminal Division of the High Court,

which never happened, is still a cause for concern

Todays Court decision only confirms our claims that the Gambian judiciary is being used to bolster

State-supported tyranny and oppression. We call on the Judicial Service Commission and the Gambia Bar

Association to defend the Constitutional mandates of the Courts and the Judiciary in its entirety.

Gambian journalists and the Union have been at the forefront of challenging unconstitutional measures

geared towards stifling freedom of expression, media and other constitutionally and universally

guaranteed freedoms and rights. We are also among the very few Gambian voices on the ground

speaking out against impunity, constitutional and human rights violations and other State engineered

governance inconsistencies with the hope of getting the Gambian people and the attention of the

international community to ensure accountability, transparency, good governance and respect for human

rights.

For this, we continue to pay a high price. We face unnecessary harassment, intimidation, protracted and

mostly irrelevant Court cases, unfair convictions, exorbitant fines, closure of media houses, exile, therisk of disappearance and in the case of Deyda Hydara, victims of targeted killings.

The GPU reiterates its call for a Gambia where every citizen is free to openly

express themselves and participate in debates geared towards national

development without fear of State retaliation. This is call for every Gambian to

enjoy their rights as Guaranteed and stipulated by the 1997 Constitution, Article 9

of The African Charter on Human and Peoples Rights and Article 19 of the Universal

Declaration of Human Rights. We are deemed to be a Sovereign nation, where each

and every Gambian is equal before the laws of the land, thus we deem it a travesty

of Justice when the custodians of the law, bend the laws to suit the interests of a

few.

The Union also wishes to thank the hundreds of individuals and institutions at home

and all over the world who have reached out to us in writing, in protest, through the

phone and financially at the darkest hour of the Unions history simply for our

exercising our rights as Gambian journalists to express our concerns and to hold the

executive accountable to the very Gambians it has sworn to uphold.

Your support is greatly appreciated and has given us the strength and willpower to

continue in our quest in search of the truth regarding the death of Deyda Hydara, to

continue to demand for the expansion of the space for effective independent mediaparticipation and we hope serves as a strong reminder to journalists in The Gambia

and elsewhere that speaking the truth and in defence of it at any cost, is as

honourable today as it was in the beginning.

As stated earlier and aptly in Court by our two doyens Pap Saine and Sam Sarr, the

Gambia Press Union and its members will today more than ever seek to defend the


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principles of freedom of expression, speak and stand up in defense of the truth and

practice our profession in good faith.

The Union also reiterates its call on the Gambia Government to:

Conduct proper and professional investigations into the death of Deyda Hydraand bring to an end the speculation and counter speculation regarding

circumstances surrounding his death;

Comply with the ECOWAS Court order on the disappearance of Chief Ebrima

Manneh;

Emulate progressive West African and other states by scrapping all the media-related

laws regarding sedition and defamation.

Work towards the drafting and debate of Freedom of Information and Access to

Information laws as provided for in Article 66 of the Revised ECOWAS Treaty.

Evaluate its relationship with the Gambian media and, based on mutual respect, engage in

consultations geared towards mapping the way forward for enhancing and strengthening

Independent media participation.

Ndey Tapha Sosseh

President

gpu condemns conviction of six journalists - final draft

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