Gambia, The - Revision history

IBJadmin: /* References */

2017-12-07T15:06:43Z

References

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	==References==		==References==
	[1.1] Legislation		[1] Legislation

	The Constitution of the Gambia		The Constitution of the Gambia
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	[1.2] Links and Websites		[2] Links and Websites

	http://www.worldbank.org/en/country/gambia/overview		http://www.worldbank.org/en/country/gambia/overview
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	[1.3] Documents		[3] Documents

	- Constitution of the Gambia (http://judiciary.gov.gm/)		- Constitution of the Gambia (http://judiciary.gov.gm/)
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	[1.4]		[4]

IBJadmin: /* Quickfacts */

2017-12-07T14:46:17Z

Quickfacts

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	Prisons are reported to operate far below international standards. Prisoners lack appropriate housing, sanitation, food, and inadequate medical care. Detainees in the security wing of Mile 2 Central Prison, including the UDP leadership, were frequently subjected to prolonged solitary confinement.<ref>https://www.hrw.org/world-report/2017/country-chapters/gambia#e1ec2b </ref>		Prisons are reported to operate far below international standards. Prisoners lack appropriate housing, sanitation, food, and inadequate medical care. Detainees in the security wing of Mile 2 Central Prison, including the UDP leadership, were frequently subjected to prolonged solitary confinement.<ref>https://www.hrw.org/world-report/2017/country-chapters/gambia#e1ec2b </ref>

	Prison population : 1 121 prisoners		Prison population : 1 121 prisoners - (2014)

	Pre-trial detainees : 22%		Pre-trial detainees : 22% - (2014)

	Female prisoners : 2,5%		Female prisoners : 2,5% - (2014)

	Minors : 1,3%		Minors : 1,3% - (2014)

	Foreign prisoners : 66,7 %		Foreign prisoners : 66,7 % - (2002)

	~~Official capacity of prison system : 650~~

	~~Occupancy level : 172% <ref>http://www.prisonstudies.org/country/gambia</ref>~~

			Official capacity of prison system : 650 - (2014)

			Occupancy level : 172% - (2014)<ref>http://www.prisonstudies.org/country/gambia</ref>

IBJadmin: /* Quickfacts */

2017-12-07T14:45:08Z

Quickfacts

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	It is also reported that Gambian security forces continue to subject detainees to serious mistreatment, including torture. Several protesters arrested in April and May were subjected to serious physical abuse while in detention.		It is also reported that Gambian security forces continue to subject detainees to serious mistreatment, including torture. Several protesters arrested in April and May were subjected to serious physical abuse while in detention.
	Prisons are reported to operate far below international standards. Prisoners lack appropriate housing, sanitation, food, and inadequate medical care. Detainees in the security wing of Mile 2 Central Prison, including the UDP leadership, were frequently subjected to prolonged solitary confinement.<ref>https://www.hrw.org/world-report/2017/country-chapters/gambia#e1ec2b </ref>		Prisons are reported to operate far below international standards. Prisoners lack appropriate housing, sanitation, food, and inadequate medical care. Detainees in the security wing of Mile 2 Central Prison, including the UDP leadership, were frequently subjected to prolonged solitary confinement.<ref>https://www.hrw.org/world-report/2017/country-chapters/gambia#e1ec2b </ref>

			Prison population : 1 121 prisoners

			Pre-trial detainees : 22%

			Female prisoners : 2,5%

			Minors : 1,3%

			Foreign prisoners : 66,7 %

			Official capacity of prison system : 650

			Occupancy level : 172% <ref>http://www.prisonstudies.org/country/gambia</ref>

IBJadmin: /* Emergency Law */

2017-12-07T14:41:16Z

Emergency Law

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	(a) he or she shall, as soon as reasonably practicable, and in any case not later than twenty four hours after the commencement of the detention, be furnished with a statement in writing specifying in detail the grounds upon which he or she is detained; and the statement shall be read, and, if necessary, interpreted, to the person who is detained in a language which he or she understands; and		(a) he or she shall, as soon as reasonably practicable, and in any case not later than twenty four hours after the commencement of the detention, be furnished with a statement in writing specifying in detail the grounds upon which he or she is detained; and the statement shall be read, and, if necessary, interpreted, to the person who is detained in a language which he or she understands; and


	(b) The spouse, parent, child or other available next-of-kin of the person detained shall be informed by the authority effecting the detention and shall be permitted access to the person concerned at the earliest practicable opportunity, and in any case not later than twenty-four hours after the commencement of the detention.<ref>Section 36 of the Gambian Constitution.</ref>		(b) The spouse, parent, child or other available next-of-kin of the person detained shall be informed by the authority effecting the detention and shall be permitted access to the person concerned at the earliest practicable opportunity, and in any case not later than twenty-four hours after the commencement of the detention.<ref>Section 36 of the Gambian Constitution.</ref>

IBJadmin: /* Emergency Law */

2017-12-07T14:41:05Z

Emergency Law

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	(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency.<ref>Section 34 of the Gambian Constitution.</ref>		(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency.<ref>Section 34 of the Gambian Constitution.</ref>

	Where a person is detained by virtue of or under any Act of the National Assembly in terms of a state of emergency (referred to in section 35 of the Constitution), the following provisions shall apply:		Where a person is detained by virtue of or under any Act of the National Assembly in terms of a state of emergency ('''referred to in section 35 of the Constitution'''), the following provisions shall apply:

	(a) he or she shall, as soon as reasonably practicable, and in any case not later than twenty four hours after the commencement of the detention, be furnished with a statement in writing specifying in detail the grounds upon which he or she is detained; and the statement shall be read, and, if necessary, interpreted, to the person who is detained in a language which he or she understands; and		(a) he or she shall, as soon as reasonably practicable, and in any case not later than twenty four hours after the commencement of the detention, be furnished with a statement in writing specifying in detail the grounds upon which he or she is detained; and the statement shall be read, and, if necessary, interpreted, to the person who is detained in a language which he or she understands; and

IBJadmin: /* Punishment of Child Offenders */

2017-12-07T14:40:42Z

Punishment of Child Offenders

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	==Punishment of Child Offenders==		==Punishment of Child Offenders==

	Gambian law provides that child offenders shall not be subjected to the criminal justice process or to criminal sanctions for adults, but a child alleged to have committed an act which would constitute a criminal offence if he or she were an adult shall be subjected only to the child justice system and processes set out in the '''Gambian Children's Act'''. <ref>Section 204 of the Childrens Act Cap 45:01 Vol.7 Laws of The Gambia 2009</ref> Child offenders may also not be sentenced to death or imprisonment and the detention of convicted child offenders is set out in the Gambian Children's Act.<ref>Sections 218 and 219 of the Childrens Act Cap 45:01 Vol.7 Laws of The Gambia 2009 </ref>		Gambian law provides that child offenders shall not be subjected to the criminal justice process or to criminal sanctions for adults, but a child alleged to have committed an act which would constitute a criminal offence if he or she were an adult shall be subjected only to the child justice system and processes set out in the '''Gambian Children's Act'''. <ref>Section 204 of the Childrens Act Cap 45:01 Vol.7 Laws of The Gambia 2009</ref> Child offenders may also not be sentenced to death or imprisonment and the detention of convicted child offenders is set out in the '''Gambian Children's Act'''.<ref>Sections 218 and 219 of the Childrens Act Cap 45:01 Vol.7 Laws of The Gambia 2009 </ref>

	=Emergency Law=		=Emergency Law=

IBJadmin: /* Sentencing */

2017-12-07T14:40:16Z

Sentencing

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	The Gambian criminal justice system administers a system of capital punishment, including the death penalty, and this is regulated by '''Article 18(1) of the Constitution''':		The Gambian criminal justice system administers a system of capital punishment, including the death penalty, and this is regulated by '''Article 18(1) of the Constitution''':

	No person shall be deprived of his or her life intentionally except in the execution of a sentence of death imposed by a court of competent jurisdiction in respect of a criminal offence for which the penalty is death under the Laws of The Gambia as they have effect in accordance with subsection 18(2) and of which he or she has been lawfully convicted.		No person shall be deprived of his or her life intentionally except in the execution of a sentence of death imposed by a court of competent jurisdiction in respect of a criminal offence for which the penalty is death under the '''Laws of The Gambia''' as they have effect in accordance '''with subsection 18(2)''' and of which he or she has been lawfully convicted.

	The power of the Courts to impose death sentence in criminal trials is now restricted by '''Section 18(2) of the Constitution''' to offences involving violence, or the administration of any toxic substance, resulting in the death of another person. '''Section 28(2) of the Gambian Criminal Code''' however prohibits the imposition of the death sentence on a pregnant woman.<ref>Where a woman convicted of an offence punishable with death is found to be pregnant in accordance with the provisions of '''section 268 of the Criminal Code''' the sentence to be passed on her shall be a sentence of imprisonment for life.</ref>		The power of the Courts to impose death sentence in criminal trials is now restricted by '''Section 18(2) of the Constitution''' to offences involving violence, or the administration of any toxic substance, resulting in the death of another person. '''Section 28(2) of the Gambian Criminal Code''' however prohibits the imposition of the death sentence on a pregnant woman.<ref>Where a woman convicted of an offence punishable with death is found to be pregnant in accordance with the provisions of '''section 268 of the Criminal Code''' the sentence to be passed on her shall be a sentence of imprisonment for life.</ref>
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	- hard labour.<ref>These are prescribed in S.27 and S.29(1) of the Gambian Criminal Code </ref>		- hard labour.<ref>These are prescribed in S.27 and S.29(1) of the Gambian Criminal Code </ref>

	The issues of admonition and release, as well as probation, are also contained in the Gambian Criminal Code.<ref>Sections 266 and 267 of the Criminal Procedure Code Cap 10:01 Vol.3 Laws of The Gambia 2009. Although not punishment in strict terms, they are rather alternatives to conviction and can be ordered instead of conviction. </ref>		The issues of admonition and release, as well as probation, are also contained in the '''Gambian Criminal Code'''.<ref>Sections 266 and 267 of the Criminal Procedure Code Cap 10:01 Vol.3 Laws of The Gambia 2009. Although not punishment in strict terms, they are rather alternatives to conviction and can be ordered instead of conviction. </ref>

	==Punishment of Child Offenders==		==Punishment of Child Offenders==

IBJadmin: /* Sentencing */

2017-12-07T14:39:11Z

Sentencing

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	==Sentencing==		==Sentencing==

	The Gambian criminal justice system administers a system of capital punishment, including the death penalty, and this is regulated by Article 18(1) of the Constitution:		The Gambian criminal justice system administers a system of capital punishment, including the death penalty, and this is regulated by '''Article 18(1) of the Constitution''':

	No person shall be deprived of his or her life intentionally except in the execution of a sentence of death imposed by a court of competent jurisdiction in respect of a criminal offence for which the penalty is death under the Laws of The Gambia as they have effect in accordance with subsection 18(2) and of which he or she has been lawfully convicted.		No person shall be deprived of his or her life intentionally except in the execution of a sentence of death imposed by a court of competent jurisdiction in respect of a criminal offence for which the penalty is death under the Laws of The Gambia as they have effect in accordance with subsection 18(2) and of which he or she has been lawfully convicted.

	The power of the Courts to impose death sentence in criminal trials is now restricted by Section 18(2) of the Constitution to offences involving violence, or the administration of any toxic substance, resulting in the death of another person. Section 28(2) of the Gambian Criminal Code however prohibits the imposition of the death sentence on a pregnant woman.<ref>Where a woman convicted of an offence punishable with death is found to be pregnant in accordance with the provisions of section 268 of the Criminal Code the sentence to be passed on her shall be a sentence of imprisonment for life.</ref>		The power of the Courts to impose death sentence in criminal trials is now restricted by '''Section 18(2) of the Constitution''' to offences involving violence, or the administration of any toxic substance, resulting in the death of another person. '''Section 28(2) of the Gambian Criminal Code''' however prohibits the imposition of the death sentence on a pregnant woman.<ref>Where a woman convicted of an offence punishable with death is found to be pregnant in accordance with the provisions of '''section 268 of the Criminal Code''' the sentence to be passed on her shall be a sentence of imprisonment for life.</ref>

	In terms of Gambian criminal law, aside from the death penalty, the following sentences may be meted out by the Courts following conviction:		In terms of Gambian criminal law, aside from the death penalty, the following sentences may be meted out by the Courts following conviction:

IBJadmin: /* Trial */

2017-12-07T14:38:33Z

Trial

IBJadmin: /* Trial */

2017-12-07T14:38:06Z

Trial

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	Every person charged with an offence shall be informed at the time he or she is charged, in a language which he or she understands and in detail, of the nature of the offence charged.<ref>Section 24(3)(b) of the Gambian Constitution</ref>		Every person charged with an offence shall be informed at the time he or she is charged, in a language which he or she understands and in detail, of the nature of the offence charged.<ref>Section 24(3)(b) of the Gambian Constitution</ref>


	'''Preparation for his/her Defense'''		'''Preparation for his/her Defense'''

	Every charged person shall be given adequate time and facilities for the preparation of his or her defense.<ref>Section 24(3)(c) of the Gambian Constitution.</ref>		Every charged person shall be given adequate time and facilities for the preparation of his or her defense.<ref>Section 24(3)(c) of the Gambian Constitution.</ref>


	'''Choice of Legal Representation'''		'''Choice of Legal Representation'''

	Every charged person shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice and, provided that where a person is charged with an offence which carries a punishment of death or imprisonment for life, that person shall be entitled to legal aid at the expense of the State.<ref>Section 24(3)(d) of the Gambian Constitution.</ref>		Every charged person shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice and, provided that where a person is charged with an offence which carries a punishment of death or imprisonment for life, that person shall be entitled to legal aid at the expense of the State.<ref>Section 24(3)(d) of the Gambian Constitution.</ref>


	'''Examination of Witnesses and Evidence to be Presented'''		'''Examination of Witnesses and Evidence to be Presented'''

	Every accused person shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution.<ref>Section 24(3)(e) of the Gambian Constitution.</ref>		Every accused person shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution.<ref>Section 24(3)(e) of the Gambian Constitution.</ref>


	'''Trial in a Language the Accused Understands and to be Conducted in His/Her Presence.'''		'''Trial in a Language the Accused Understands and to be Conducted in His/Her Presence.'''

	Every accused shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge; and, except with his or her own consent, the trial shall not take place in his or her absent unless he or she so conducts himself or herself has to render the continuance of the proceedings in his or her presence impractical and the court has ordered him or her to be removed and the trial to proceed in his or her absence.<ref>Section 24(3)(f) of the Gambian Constitution. </ref>		Every accused shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge; and, except with his or her own consent, the trial shall not take place in his or her absent unless he or she so conducts himself or herself has to render the continuance of the proceedings in his or her presence impractical and the court has ordered him or her to be removed and the trial to proceed in his or her absence.<ref>Section 24(3)(f) of the Gambian Constitution. </ref>


	'''Accused's Right to Silence'''		'''Accused's Right to Silence'''

	No person charged with a criminal offence shall be compelled to give evidence at the trial.<ref>Section 24(8) of the Gambian Constitution.</ref>		No person charged with a criminal offence shall be compelled to give evidence at the trial.<ref>Section 24(8) of the Gambian Constitution.</ref>


	'''Right to be Tried by Jury'''		'''Right to be Tried by Jury'''

	A person charged with criminal offence in the High court shall have the right to elect to be tried by a jury.<ref>Section 24(9) of the Gambian Constitution.</ref>		A person charged with criminal offence in the High court shall have the right to elect to be tried by a jury.<ref>Section 24(9) of the Gambian Constitution.</ref>


	'''Legality Principle'''		'''Legality Principle'''

	No person shall be charged with or held to be guilty of a criminal offence on account of any act or omission which did not at the time it took place constitute such an offence, and no penalty shall be imposed for any criminal offence which is more severe in degree or description that the maximum penalty which might have been imposed for that offence at the time when it was committed.<ref>Section 24(5) of the Gambian Constitution.</ref>		No person shall be charged with or held to be guilty of a criminal offence on account of any act or omission which did not at the time it took place constitute such an offence, and no penalty shall be imposed for any criminal offence which is more severe in degree or description that the maximum penalty which might have been imposed for that offence at the time when it was committed.<ref>Section 24(5) of the Gambian Constitution.</ref>


	'''Autrefois convict et Autrefois acquit		'''Autrefois convict et Autrefois acquit

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	==Trial==		==Trial==

	Charged in a Language he/she Understands		'''Charged in a Language he/she Understands'''

	Every person charged with an offence shall be informed at the time he or she is charged, in a language which he or she understands and in detail, of the nature of the offence charged.<ref>Section 24(3)(b) of the Gambian Constitution</ref>		Every person charged with an offence shall be informed at the time he or she is charged, in a language which he or she understands and in detail, of the nature of the offence charged.<ref>Section 24(3)(b) of the Gambian Constitution</ref>

	Preparation for his/her Defense		'''Preparation for his/her Defense'''

	Every charged person shall be given adequate time and facilities for the preparation of his or her defense.<ref>Section 24(3)(c) of the Gambian Constitution.</ref>		Every charged person shall be given adequate time and facilities for the preparation of his or her defense.<ref>Section 24(3)(c) of the Gambian Constitution.</ref>

	Choice of Legal Representation		'''Choice of Legal Representation'''

	Every charged person shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice and, provided that where a person is charged with an offence which carries a punishment of death or imprisonment for life, that person shall be entitled to legal aid at the expense of the State.<ref>Section 24(3)(d) of the Gambian Constitution.</ref>		Every charged person shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice and, provided that where a person is charged with an offence which carries a punishment of death or imprisonment for life, that person shall be entitled to legal aid at the expense of the State.<ref>Section 24(3)(d) of the Gambian Constitution.</ref>

	Examination of Witnesses and Evidence to be Presented		'''Examination of Witnesses and Evidence to be Presented'''

	Every accused person shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution.<ref>Section 24(3)(e) of the Gambian Constitution.</ref>		Every accused person shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution.<ref>Section 24(3)(e) of the Gambian Constitution.</ref>

	Trial in a Language the Accused Understands and to be Conducted in His/Her Presence.		'''Trial in a Language the Accused Understands and to be Conducted in His/Her Presence.'''

	Every accused shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge; and, except with his or her own consent, the trial shall not take place in his or her absent unless he or she so conducts himself or herself has to render the continuance of the proceedings in his or her presence impractical and the court has ordered him or her to be removed and the trial to proceed in his or her absence.<ref>Section 24(3)(f) of the Gambian Constitution. </ref>		Every accused shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge; and, except with his or her own consent, the trial shall not take place in his or her absent unless he or she so conducts himself or herself has to render the continuance of the proceedings in his or her presence impractical and the court has ordered him or her to be removed and the trial to proceed in his or her absence.<ref>Section 24(3)(f) of the Gambian Constitution. </ref>

	Accused's Right to Silence		'''Accused's Right to Silence'''

	No person charged with a criminal offence shall be compelled to give evidence at the trial.<ref>Section 24(8) of the Gambian Constitution.</ref>		No person charged with a criminal offence shall be compelled to give evidence at the trial.<ref>Section 24(8) of the Gambian Constitution.</ref>

	Right to be Tried by Jury		'''Right to be Tried by Jury'''

	A person charged with criminal offence in the High court shall have the right to elect to be tried by a jury.<ref>Section 24(9) of the Gambian Constitution.</ref>		A person charged with criminal offence in the High court shall have the right to elect to be tried by a jury.<ref>Section 24(9) of the Gambian Constitution.</ref>

	Legality Principle		'''Legality Principle'''

	No person shall be charged with or held to be guilty of a criminal offence on account of any act or omission which did not at the time it took place constitute such an offence, and no penalty shall be imposed for any criminal offence which is more severe in degree or description that the maximum penalty which might have been imposed for that offence at the time when it was committed.<ref>Section 24(5) of the Gambian Constitution.</ref>		No person shall be charged with or held to be guilty of a criminal offence on account of any act or omission which did not at the time it took place constitute such an offence, and no penalty shall be imposed for any criminal offence which is more severe in degree or description that the maximum penalty which might have been imposed for that offence at the time when it was committed.<ref>Section 24(5) of the Gambian Constitution.</ref>

	Autrefois convict et Autrefois acquit		'''Autrefois convict et Autrefois acquit
			'''
	No person who shows he or she has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other offence of which he or she could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal or revision proceedings relating to the conviction or acquittal.<ref>Section 24(6) of the Gambian Constitution.</ref>		No person who shows he or she has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other offence of which he or she could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal or revision proceedings relating to the conviction or acquittal.<ref>Section 24(6) of the Gambian Constitution.</ref>