A/HRC/14/6 innocence, the right to defence and the right to review by a higher tribunal, must be observed before the death penalty can be imposed and carried out. In addition, the right to seek presidential pardon or commutation of sentence is guaranteed under the Constitution. Since the reintroduction of the death penalty in 1995, many accused persons have been convicted and sentenced to death, but no executions have taken place. Instead, all of those persons are serving life sentences. 8. Freedom from torture and inhuman or degrading punishment or other treatment is guaranteed under the Constitution. This provision is also non-derogable in situations of public emergency. However, there is as yet no specific legislation criminalizing torture. The perpetrators of such violations are prosecuted under the criminal code for such offences as threatening violence, common assault and assault causing bodily harm. In addition, victims can petition the High Court for compensation. Similarly, protection from unlawful arrest and detention is provided for in the Constitution, and persons who fall victim to such arrest and detention are entitled to petition the Court for redress and compensation. 9. The Gambian Constitution also guarantees every person “the right to freedom of speech and expression, which shall include freedom of the press and other media”. However, those rights are not absolute; they are to be exercised subject to respect for the rights and freedoms of others and to other laws of the Gambia promulgated in the interest of the sovereignty and integrity of the country, including national security, public order, decency and morality. 10. In an illustration of the Government’s commitment to creating an environment that ensures free operation of the media and a free flow of information, as provided for in the Constitution, the Information Act of 2009 was adopted to provide for the restructuring, development and regulation of the information and communications sectors. 11. Media practitioners are therefore protected under the Constitution, subject to reasonable restrictions. For the past 15 years, the growth of privately owned print, radio and electronic media has been unprecedented. However, most practitioners have not had basic training in media reporting and hence do not carry out their functions responsibly. 12. In the case of Chief Ebrima Manneh, the Government has investigated his whereabouts, but to no avail. In 2009, the Attorney General and Minister of Justice conducted an unannounced visit to prisons and detention centres of the National Intelligence Agency, together with the leader of the leading opposition party (UDP) and the Minority Leader of the National Assembly, to search for missing persons such as Kanyiba Kanyi and Chief Ebrima Manneh, but they were not found in these institutions. In addition, the case of Deyda Hydara is still being investigated, but there are challenges because the two key witnesses are outside the jurisdiction and several attempts to reach them have been unsuccessful. 13. Over the years, the Gambia has established the Office of the Ombudsman, the National Council for Civic Education, the National Women’s Bureau and Council, the Independent Electoral Commission, the National Assembly and an independent judiciary. 14. The Ombudsman is empowered to investigate allegations of maladministration, mismanagement or discriminatory practices in any public body. The Gambia is in the process of reviewing the mandate of the Ombudsman to see if it can be expanded to address broader human rights issues in accordance with the Paris Principles. 15. The National Women’s Council advises the Government on policies and plans aimed at promoting women’s rights and works closely with the Ministry of Women Affairs. The 10-year National Women Policy (1999-2009) has just expired, and the Government is working on a new policy. The Women’s Bill will be considered for enactment at the next session of the National Assembly, in March 2010. In addition, a bill on gender-based 4