A/HRC/28/68/Add.4
Family visits
87.
New visiting rooms are being constructed at Mile 2 Central Prison. However,
detainees in the security wing, including those on death row24 and those perceived to be
enemies of the President, are subjected to harsher treatment and are denied access to family
visits.25
D.
Obligation to protect persons in situations of vulnerability
Individuals detained in mental health-care facilities
88.
Due to the suspension of visits to places of deprivation of liberty, the Special
Rapporteur was unable to visit psychiatric centres. During the mission, the Director General
of Prisons advised the Special Rapporteur that four individuals were being held under
detention orders at Tanka Tanka Mental Home. The Minister for Health stated that a draft
disability bill was under consideration.
Children
89.
The Gambia has ratified the Convention on the Rights of the Child. The Children’s
Act 2005 provides child offenders with free legal representation and separation from adults
from the pretrial to trial stages. Under the Act, a children’s court was established in
Kanifing Magistrate Court to hear all juvenile cases (there are plans to establish a children’s
court in every region)26 and child welfare units were established in police stations.
90.
While section 220, paragraph 9, of the Children’s Act 2005 prohibits corporal
punishment as a judicial sentence, there is no explicit prohibition of corporal punishment as
a disciplinary measure and it is routinely practised in the home and in schools.27 Neither the
Criminal Code nor the Children and Young Persons Act 1949 prohibit corporal
punishment, either as a judicial sentence for a crime or as a disciplinary measure in juvenile
detention facilities.28 The Special Rapporteur was unable to visit the juvenile wing at
Jeshwang Prison, as visits to places of detention had to be suspended.
Women in detention
91.
There is a female wing at Mile 2 Central Prison. According to information that the
Special Rapporteur received, the female wing is also kept in very poor, unsanitary
conditions, with substandard food and cramped cells. According to reports, young female
detainees are removed during the night and returned in the morning, the inference being
that the guards and/or male detainees mistreat and rape them. The Government has said
there are plans to relocate the female prisoner’s wing to a newly expanded area of Jeshwang
Prison.
Violence against women and girls
92.
The National Women’s Council advises the Government on policies and plans
aimed at promoting women’s rights and works closely with the Vice President, who is also
the Minister for Women’s Affairs. In order to combat gender-based violence, the Domestic
24
25
26
27
28
16
Amadou Scattred Janneh, Standing up against injustice: a memoire, (XLIBRIS, 2013).
Bakary Samateh, “Gambia: Lang Conteh arraigned, remanded at Mile 2”, All Africa, 8 July 2014.
Available from http://allafrica.com/stories/201407081041.html.
See CRC/C/GMB/2-3, para. 222.
Global Initiative, submission to the Committee on the Rights of the Child, February 2014.
See CRC/C/GMB/2-3, paras. 35, 36 and 92.
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