CASE N° GMB/01 - LAMIN WAA JUWARA - GAMBIA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 162nd session (Windhoek, 11 April 1998)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/162/11(a)-R.1), and to the resolution adopted at its 161st session (September 1997) concerning the case of Mr. Lamin Waa Juwara, a member of the House of Representatives of the Gambia dissolved in 1994,

Noting that the authorities have failed to reply to the request for information made in the decision adopted by the Committee on this case at its 80th session (January 1998),

Recalling that Mr. Juwara was arrested on 25 January 1996, his fifth arrest since Parliament's dissolution in July 1994; that his whereabouts were unknown until, on 6 December 1996, the source stated that he was held in the Central Prison Mile Two in Banjul without any charges having ever been brought against him; that he was finally released on 3 February 1997,

Recalling that on 30 June 1997, he filed a lawsuit against the Attorney General, the Secretary of State for the Interior, the Inspector General of Police and the Director General of the National Intelligence Agency claiming compensation for the many arbitrary arrests and detention he had suffered at the hands of officials acting under State authority; that the case is currently pending before the High Court,

Considering that, according to the sources, the authorities have unjustifiably failed to issue Mr. Juwara with a passport; that he was asked to reapply and did so, albeit as yet unsuccessfully; that, however, according to the letter of 14 January 1998 from the Attorney General's Chamber, Mr. Juwara has still not applied to the immigration authorities to have his passport renewed,

Bearing in mind that the Gambia is a party to the International Covenant on Civil and Political Rights, which in Article 9, paragraph 1, stipulates that " no one shall be subjected to arbitrary arrest or detention " and, in paragraph 5, that " anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation "; that Article 12 guarantees freedom of movement,

1. Regrets that the authorities have not replied to the Committee's request for information as expressed in the decision it adopted at its 80th session (January 1998) on this case;
2. Would appreciate information on the stage reached in the proceedings regarding the lawsuit which Mr. Juwara has filed with the High Court of the Gambia requesting compensation for the many unlawful arrests and detentions he has suffered at the hands of officials acting under State authority;
3. Stresses yet again that, under Article 9 of the International Covenant on Civil and Political Rights, to which the Gambia is a party, " anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation ";
4. Remains confident that the Gambian judiciary will rule on this question in accordance with the international human rights norms to which it has subscribed and which take precedence over national law;
5. Notes with concern the discrepancy in the information provided by the sources and the authorities about the issuing of a passport to Mr. Juwara, and earnestly hopes that the necessary action will be taken to ensure that Mr. Juwara is issued a passport without further delay;
6. Requests the Secretary General to convey this decision to the competent authorities of the Gambia and to invite them to supply the information sought;
7. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (September 1998).

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