A/HRC/28/68/Add.4
75.
Section 19, paragraph 5, of the Constitution requires that if a detainee is not tried
within a reasonable time then that person is entitled to be released either unconditionally or
on bail. However, in practice, this is not done. It is estimated that 30 per cent of people in
the prison system are held for petty crimes or in pretrial detention for years owing to
backlogs and inefficiency in the judicial system. 20
76.
There have been some efforts to reduce overcrowding, mostly by non-governmental
groups with varied support from courts and prosecutors. The only strategic effort in this
regard was made in 2013, when temporary court dates were set to review cases for those
who had been held in prolonged remand, i.e., in pretrial detention for years. The project
resulted in the release of about 18 to 25 inmates, mainly accused of minor offenses relating
to drug possession. However, this has had no real impact on reducing overcrowding.
77.
An aggravating factor is that the congested prisons are a direct result of draconian
criminal laws imposing lengthy sentences for drug offences. Persons charged with those
offences are subject to lengthy remand periods that exceed any penalty they might
eventually receive.
Solitary confinement
78.
At the security wing of Mile 2 Central Prison, the use of prolonged or indefinite
solitary confinement for prisoners sentenced to death or to life terms causes pain and
suffering of a mental nature that is severe and has long-lasting effects. The fate of those
sentenced to death is dependent on the conditional moratorium, which gives rise to the
“death row phenomenon” – a combination of circumstances producing severe mental
trauma and physical suffering among prisoners awaiting the implementation of their death
sentences that constitutes ill-treatment. In the absence of any mitigation of the conditions,
such as visits, reading material or access to radio or television, solitary confinement is
torture.
79.
The Special Rapporteur received testimonies that individuals were subjected to
solitary confinement in the Bambidinka cell in Janjanbureh Prison, including for prolonged
periods of time. Solitary confinement is also imposed on those held in unofficial places of
detention for days, weeks or even months. Those places include the National Intelligence
Agency headquarters, where it is standard practice for detainees to be isolated for up to 23
hours a day in small, dark underground cells infested with insects and vermin, in excessive
heat, and forced to sleep on the floor.
Food
80.
Although the Director General of Prisons said that food rations were “obviously
enough”, the Special Rapporteur received testimonies that they were inadequate, of poor
quality and often infested with unwanted particles. The corrupt practices of some prison
officers affect prisoners’ rations. Food supplied by family members is allowed for those on
remand but not for convicted prisoners. According to testimonies received, in unofficial
places of detention, both water and food were severely restricted or even denied for periods
of time.
Medical care
81.
Medical facilities inside the prisons are of poor quality and inmates are often
referred to health facilities outside the prisons for medical care. There is no routine
20
14
See “The Gambia 2013 human rights report”, United States of America Department of State, 2013,
pp. 8 and 9. Available from www.state.gov/documents/organization/220328.pdf.
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