A/HRC/28/68/Add.4
19.
The “reasonable suspicion” standard is seldom if ever examined to determine
whether reasonable grounds for arrest existed, and the evidence obtained pursuant to an
otherwise illegal arrest is challenged even less frequently. As a result, the police arrest to
investigate, rather than investigate to arrest.
20.
The situation on the ground regarding the practice of torture or ill-treatment by the
police is one in which abuses, in particular ill-treatment, do occur in some individual cases
during arrest or transfer to police stations (the Banjulinding police training centre is also
used for detention and interrogation), but the Special Rapporteur did not find evidence that
those abuses were part of a widespread pattern or systemic practice.
21.
It appears that the police, in some cases, comply with the obligation under
section 19, paragraph 3, of the Constitution to bring a person to court within 72 hours of
detention. However, on the basis of testimonies and information he examined, the Special
Rapporteur found that the National Intelligence Agency did not comply with that rule.
22. The 72-hour time frame before a person is brought before a judge is an invitation to
obtain confessions or other evidence by illegal means and is not in line with international
standards.6
2. National Intelligence Agency
23.
The National Intelligence Agency reports directly to the President and is responsible
for protecting State security, collecting intelligence and conducting covert investigations.
Military decrees enacted prior to the adoption of the Constitution gave the Agency broad
powers to detain individuals indefinitely without charge “in the interest of national
security”. This is inconsistent with the Constitution but has not been subject to judicial
challenge.7 The authorities advised the Special Rapporteur that the Agency had not
assumed police functions to arrest, detain or question criminal suspects other than in
“exceptional situations” and then only until the police could receive the suspect.
Furthermore, the Agency denied the existence of places of detention or holding cells under
its jurisdiction.
24.
However, testimonies of persons who had been held either at the National
Intelligence Agency headquarters or in other “unofficial places of detention” revealed an
ongoing practice whereby persons were held incommunicado for many days or weeks in
inhumane conditions8 before being handed over to the police and brought before a judge.
One individual was reportedly held for nine weeks and, in a recent case, three perceived
homosexuals were held for over six weeks. There are accounts of severe and routine torture
of those charged with “aggravated homosexuality” or those considered a “high risk to State
security”, and of their being held routinely in clandestine detention.
25.
The Special Rapporteur found that torture was practised regularly by the National
Intelligence Agency. The mistreatment inflicted was normally of a short duration,
consisting mainly of physical trauma caused by punches, slapping and blows with objects
such as canes or batons and burns.
6
7
8
6
The Human Rights Committee, in paragraph 33 of its General Comment No. 35 (CCPR/C/GC/35),
refers to 48 hours as ordinarily sufficient to transport an individual and prepare for a judicial hearing.
See “The Gambia 2013 human rights report”, United States of America Department of State, 2013,
p. 8. Available from www.state.gov/documents/organization/220328.pdf.
The Special Rapporteur received consistent reports of detainees being confined to insect-infested cells
with no light, no mattress and no access to sanitary facilities, and denied sufficient water or food.
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