Resolution adopted without a vote by the Inter-Parliamentary Council
at its 169th session (Ouagadougou, 14 September 2001)

The Inter-Parliamentary Council,

Referring to the resolution it adopted at its 168th session (April 2001) on the case of Mr. Lamin Waa Juwara, a former member of the House of Representatives of the Gambia, and to the related report of the Committee on the Human Rights of Parliamentarians,

Taking account of a communication from the Speaker dated 15 June 2001,

Recalling the following evidence on file:

• Mr. Juwara was subjected to frequent arbitrary arrests and incommunicado detentions during the rule (1994-1996) of the Armed Forces Provisional Ruling Council (AFPRC); on 30 June 1997, he filed a lawsuit against the competent authorities claiming compensation for the human rights violations he had suffered at the hands of officials acting under State authority; on 29 July 1998, the judge dismissed the case, ruling that it was not subject to the jurisdiction of the courts, having regard to Section 13 of Schedule 2 to the Constitution of 1997, which guarantees AFPRC officers immunity from prosecution in respect of any act or omission in the performance of their official duties; Mr. Juwara lodged an appeal against the ruling but decided to withdraw it following a reform of the court system whereby the Supreme Court of the Gambia henceforth replaces the Privy Council as the country's highest court of appeal;
• Mr. Juwara was again arrested on 17 May 1998, when he was severely ill-treated in State custody at the hands of members of the now banned "22 July movement" and its leader, Mr. Baba Jobe; his incommunicado detention lasted until 8 June 1998, when the Supreme Court released him on bail; the authorities ignored court orders for medical treatment and for the release of Mr. Juwara upon expiry of the 72-hour legal deadline for bringing charges against him;
• To date, the authorities have taken no action to investigate the complaint of severe ill-treatment suffered by Mr. Juwara on 17 May 1998, although within two weeks of his release Mr. Juwara sent the Attorney General a medical certificate attesting to the severe injuries he had sustained as a result of such ill-treatment, and widely publicised the incident;
• On 22 February 1999, the Brikama Magistrate's Court acquitted Mr. Juwara and others on the charge which had prompted his arrest, namely causing unlawful damage to construction works at the Brikama Mosque, and ruled that there was no case to answer; the State appealed against the decision,

Recalling that one of its main concerns in this case relates to Section 13 of Schedule 2 to the 1997 Constitution, whereby all members of the former Armed Forces Provisional Ruling Council (AFPRC) enjoy immunity and as a result of which Mr. Juwara has been denied compensation for the arbitrary arrests, detention and ill-treatment he suffered under AFPRC rule; noting in this connection that the National Assembly is said to have recently enacted a law, made retroactive to January 2000, granting blanket immunity to all security and government personnel who through their actions kill, injure or harm any person or persons,

Considering that, in his letter of 15 June 2001, the Speaker expressed the view that the National Assembly could not intervene in the case of Mr. Juwara as it had no "juridical" powers or responsibility;

Bearing in mind that the Gambia is a signatory to the United Nations International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples' Rights, both of which prohibit torture and ill-treatment and guarantee freedom from arbitrary arrest and detention; that these rights are also embodied in the Constitution of the Gambia,

Noting that on 11 June 1998 the United Nations Special Rapporteur on Torture sent an urgent appeal on behalf of Mr. Juwara to the Gambian authorities (see E/CN.4/1999/61), which has so far met with no response (see E/CN.4/2001/66),

Noting that, in its resolution 2001/62 adopted on 25 April 2001, the United Nations Commission on Human Rights "urges all Governments to promote the speedy and full implementation of the Vienna Declaration and Programme of Action, in particular … to abrogate legislation leading to impunity for those responsible for grave violations of human rights such as torture and prosecute such violations, thereby providing a firm basis for the rule of law" and goes on to "stress that all allegations of torture or other cruel, inhuman or degrading treatment or punishment should be promptly and impartially examined by the competent national authority, that those who encourage, order, tolerate or perpetrate acts of torture must be held responsible and severely punished, … and that national legal systems should ensure that the victims of such acts obtain redress and are awarded fair and adequate compensation and receive appropriate socio-medical rehabilitation",

Bearing in mind Decree 31 (National Goals and Objectives Decree 1995) whereby "adherence to the principles and the objectives of the United Nations … shall remain the cornerstone of the Foreign Policy of The Gambia",

1. Thanks the Speaker for his communication; regrets nevertheless the lack of response of the judicial and governmental authorities;

2. Remains deeply concerned at the de facto impunity granted to those responsible for ill-treating Mr. Juwara in May 1998 while he was in State custody; deplores that the authorities have so far failed to investigate Mr. Juwara's denunciation of such ill-treatment; also deplores that the authorities have as yet failed to respond to the appeal addressed to them in this respect by the United Nations Special Rapporteur on Torture;

3. Reiterates its deep concern at Section 13 of Schedule 2 to the 1997 Constitution, which has the effect of granting impunity to members and officers of the former Armed Forces Provisional Ruling Council and deprives Mr. Juwara of his right, as enshrined in Article 9, paragraph 5, of the ICCPR, to receive compensation for the many arbitrary arrests and detentions he suffered under AFPRC rule;

4. Urges the authorities once again to comply with their duties under international law and, in line with their stated commitment to observe the principles and objectives of the United Nations, to bring to justice those responsible for Mr. Juwara's ill-treatment and to compensate him in an appropriate manner for the violations of his right to liberty;

5. Affirms that the National Assembly, as the State body competent to legislate and to oversee the action of the executive branch, has a role to play in this case: as legislator it is competent to ensure that Gambian laws, including the Constitution, are consistent with the country's international obligations; as the body overseeing the executive branch, including the police, it is competent to ensure that the executive authorities, including the police, respect human rights and that redress is provided in case of abuse of such rights;

6. Urges therefore once again the National Assembly to take legislative action to ensure that laws are consistent with the Gambia's international obligations, that human rights violations are punished and that compensation is paid to victims of such violations; also urges it to avail itself of its monitoring role to inquire into alleged human rights abuses by the police, and insists that perpetrators of such violations must be brought to justice;

7. Reiterates its wish to ascertain the stage reached in the "Brikama Mosque case" proceedings;

8. Requests the Secretary General to convey this resolution to the parliamentary and governmental authorities, as well as to Mr. Juwara; also requests the Secretary General to forward it to the competent United Nations human rights bodies and Commonwealth authorities;

9. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (March 2002).

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