A/HRC/28/6
17.
Concerning the judiciary, the delegation stated that the Judges (Remuneration
Allowances and Other Benefits) Bill, which was currently under consultation, would
enhance the security of tenure of judicial officers in the long run and contribute to justice
delivery services. It added that a second commercial court and a pretrial court had been
established.
18.
On fundamental freedoms, the delegation stated that the Constitution, the Criminal
Procedure Code and the Police Act, among others, provided safeguards for persons under
investigation and in detention. It also noted that persons suspected of having committed
offences may be detained for up to 72 hours and thereafter must be brought before a court.
According to the delegation, the Government has taken many measures to decongest the
prisons and to improve prison conditions as well as the social welfare of prisoners. It added
that, in 2013, special hearing dates had been organized for Mile 2 Prison remand wing
inmates; trials had been conducted expeditiously; and persons for whom no sufficient
evidence supported their charges had been acquitted and discharged.
19.
Regarding the conditions of detention, the delegation mentioned that the Ministry of
Interior, in collaboration with the Prison Services Department, had made efforts to renovate
the security wing and increase the size of cells and cells allocation. Practical steps to
promote rehabilitation of prisoners through education and vocational training have also
been taken. Furthermore, according to the delegation, a doctor visits the prisons on a daily
basis to provide medical services to sick inmates, and trained nurses are also present to
attend to inmates.
20.
On freedom of speech, expression and assembly, the delegation stated that the
Gambia was committed to creating a conducive environment for the media to operate freely
and to ensure a free flow of information, as provided for in the Constitution. Consequently,
the Information and Communications Act 2009 was passed into law to provide for the
restructuring, development and regulation of the information and communications sectors.
Underlining that the right to freedom of expression was not absolute, the delegation
mentioned that the Criminal Code provided for the offences of criminal libel and sedition. It
added that, since 1994, there has been a steady increase in the number of radio stations and
newspapers.
21.
With regard to the issue of the female genital mutilation (FGM), the delegation
explained that a National Plan of Action to Accelerate the Abandonment of FGM had been
formulated. Acknowledging that FGM was still being practiced in the country, the
delegation stated that this harmful practice was being addressed by the Government and
civil society organizations through community empowerment programmes.
22.
On the establishment of a national human rights institution, the delegation said that
the draft National Human Rights Commission Bill was currently being revised to ensure
compliance with international standards before being presented to the legislature for
consideration. It added that, while the Commission was in the process of being established,
the Office of the Ombudsman had a wide mandate, such as investigating allegations of
maladministration, mismanagement or discrimination in any government department,
authority, or other public body.
23.
Regarding the death penalty, the delegation recalled that it had been abolished in
1993 but reinstated in 1995 by a Decree which had been accepted as the law when the
Constitution was adopted by referendum in 1997. The delegation stated that the application
of the death penalty was limited to murder and treasonable offences, meaning only to “most
serious crimes”. Furthermore, Gambian law prescribes that the procedural guarantees,
including the right to a fair hearing by an independent tribunal, presumption of innocence,
minimum guarantees for the defence, and the right to review by a higher tribunal prescribed
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents