The number one sacred duty of every government is to protect the lives and properties of its citizens. It is a universal agreement that the most important role of government is to secure and protect the collective rights and freedoms of individual citizens. Where such a government failed to live up to its basic moral duty to protect lives, that government has lost the legal and moral legitimacy to represent its citizens and therefore cannot and must not be recognized as a legitimate government by citizens and the International community.
The Gambia government’s admission in court of killing UDP’s youth leader Solo Sandeng who led a demonstration demanding electoral reforms on April 14th is the last nail on the coffins of the Jammeh government. For two decades the Jammeh government has been accused by Diaspora Gambian dissident of extrajudicial killings, enforced disappearances and arrest and detention without due process. The government and its surrogates have denied these killings and cover ups at every level including at the UN Periodic review where the then justice minister Mahoney told the UN panel that the Gambia government protects and respects fundamental rights of its citizens. The minister of information Sheriff Bojang who was one time a critic of the government now turned surrogate also vehemently denied that Sheriff Dibba a member of the transport union died in state Custody. The justice minister Mama Singhateh and the Vice President are all on record denying the killings and disappearances of citizens.
Apparently, after an increasing pressure on Jammeh and his government he admitted that Solo Sandeng in fact may have died in state custody. Last week the government responded to a Habeas corpus filing in court to produce Solo Sandeng in court by admitting on a sworn Affidavit that Solo Sandeng indeed was killed by State agents while in custody. This open admission though not a surprise has uncovered two decades of extrajudicial killings and cover up by the Jammeh government. Many may have taken this admission as just another of Jammeh’s crimes, but the magnitude of a state which has sworn to protect the lives and liberties of citizens is unprecedented and beyond any imagination. The national and international recognition of the State as a legitimate government of a nation is premise on its obligation to defend and protect the lives of its citizens. This is in addition to all the International obligations and treaties the Gambia government signed off to as the legitimate elected representatives of the State.
The Admission of the killing of Solo Sandeng who was arrested alive and well before being taken into state custody vindicates critics and Human Rights Groups that the Jammeh government is culpable in gross Human Rights violations of Gambians. By virtue of this admission the Jammeh government must also be held liable for the death of Sheriff Dibba the transport Union representative; the disappearance of Journalist Chief Ebrima Manneh, the assassination of Deyda Hydara, the enforced disappearance of Daba Marenah and Co and several other killings and disappearances in the Gambia. The International community must hold the Jammeh administration responsible for all these killings and enforced disappearances. If the government can admit killing Solo Sandeng who was arrested healthy and well, they must explain how and why Solo lost his life. The affidavits of both Nogoi Njie and Fatoumata Jawara two females who were arrested with Sandeng as eye witnesses to the physical torture and killing of Solo Sandeng are incredible evidence the International courts must use to hold the government account.
What is explicitly clear is that Solo Sandeng was arrested by members of the police intervention Unit PIU on the afternoon of April 14th, 2016. He was alive and well and was transported to Mile II central prisons that day. Him and others who were arrested were moved to the NIA headquarters while alive and well. Solo was subjected to brutal physical torture by members of the NIA and he died as a result of the physical tortures by Gambian citizens who swore to protect the lives of citizens. By legal responsibility; the Inspector General of police was responsible for the safety of Solo Sandeng and all citizens who were arrested by the police regardless of their alleged crimes. The Director of prisons was legally responsible for the safety and physical well-being of prisoners who were brought to Mile II prisons. The Director of NIA was also responsible for the lives and safety of citizens who were transported to NIA headquarters for questioning or further detention. By extension the Attorney General is overall responsible for the administration of enforcement of laws of the Gambia and rights of citizens. Where there are alleged violations of the rights of citizens and their safety, the office of the Attorney General must be fully responsible to ensure that citizens accused of crimes are accounted for and produced in a court of law within 72 hours unharmed. Eye witnesses in court reported that Fatoumata Jawara and Nogoi Njie were literally carried into the court due to physical beatings and alleged rape. This is well documented in court papers and affidavits which led to the presiding judge to recuse himself from the case.
In essence the inspector General of police, the Director of prisons, the Director of NIA and the Attorney General all swore to protect the lives and dignity of Gambian citizens. Those political appointees, they have a moral and legal obligation to prevent torture and killings of citizens regardless of alleged crimes. Where these institutions failed to live up to those obligations they are directly culpable for alleged crimes committed by state agents and institutions. Where the president of the nation fails to give orders to protect the lives of citizens or where he gives illegal orders to torture and kill citizens these institutions have a legal obligation to advice, warn or refuse to follow such orders from the office of the President. Failure to disobey illegal orders from the President and knowingly committing crimes against Gambians citizens, these leaders must be held accountable for these alleged crimes.
We therefore call on the Gambia government to immediately order the arrest and investigation of those allegedly involved in arresting Solo Sandeng and or supervising his torture and eventual killing. We further extend the call to the International community including the UN, ECOWAS, AU, EU, the ICC and special Human Rights violations courts in Africa to immediately begin an independent investigation of the killings of Solo Sandeng and all other alleged killings, enforced disappearances and illegal arrest and detention without due process. We call on the United Nations, the EU, the US government and ECOWAS to immediately sermon representatives of the Gambia government for an explanation on government’s admission of the killing and alleged rape of citizens. We further advance that where the Gambia government fails to protect the lives of citizens and openly admitted killing citizens in its custody, the government has lost its legal and International legitimacy to govern over the people of the Gambia. We also call on all citizens of the Gambia to begin to carefully assess their obligation to the state and by virtue of its failures and admission in negligence to take its duties seriously, citizens must begin to refuse to respect the government as a legal authority mandated to run the affairs of the state. Mr. Jammeh and his government therefore by admission of failure to protect lives of citizens has lost its legitimacy to rule over the Gambian people. The security apparatus, the courts and all other government institutions must begin to reassess their obligation to the State. The world is watching and the life of one citizen – Solo Sandeng is the live of every Gambian citizen. The lost of his life in the hands of State custody must be the last Gambians will ever have to endure.