Gambia: Journalists' trial report

The International Bar Association’s Human Rights Institute (IBAHRI) released a trial observation report, The Gambia: Freedom of Expression on Trial, which raises concerns with respect to the Gambia’s compliance with fair trial standards and the application of criminal law to seven journalists who legitimately and peacefully exercised their right to freedom of expression.

In July 2009 the IBAHRI became aware of charges being made against seven journalists in the Gambia for alleged sedition and criminal defamation arising out of an article published in response to a televised statement by President Alhaji Yahya Jammeh, in which he rejected any state involvement in the unexplained killing of Mr Deyda Hydara in 2004. Six of the journalists were convicted of all charges on 6 August 2009 and sentenced to two years without an option of a fine. On 3 September 2009, President Jammeh, who professed to be acting purely within the spirit of the Holy Month of Ramadan, pardoned and released the six journalists.

Due to concerns regarding fair trial standards in the Gambia, the IBAHRI arranged for Mr Paul Richmond (a barrister of England and Wales who has extensive experience with trial observations) to monitor and observe the proceedings. Based on Mr Richmond’s observation of the proceedings and subsequent interviews, the IBAHRI Report concludes that while parts of the trial proceedings such as behaviour of the judge were fair, others give rise to concern. These concerns include:

· A lack of reasoning behind the judgment;

· Excessively harsh sentencing;

· Proceedings being held in camera;

· Multiple bail applications; and

· Removal of the case to the High Court being grounded in reasons of public policy and foreign relations, rather than being rooted in law.

‘Beyond the conduct of the proceedings themselves, we have serious concerns that the charges against the journalists were ever brought at all, and consider the charges themselves, the conviction and subsequent pardon to be a manifestation of state-sponsored harassment and intimidation of Gambian journalists who had sought to exercise their internationally guaranteed right to non-violent freedom of expression’, said Juan Mendez, IBAHRI Co-Chair.

This case in the Gambia is of particular importance in light of a report launched by the International Federation of Journalists (IFJ) on 21 January 2010 which concluded that 2009 can be considered one of the worst years for press freedom in the African continent.

‘The IFJ Report seeks to encourage African Governments and decision makers to prioritize press freedom and freedom of expression as vital components of good governance and state development’. Martin Šolc, IBAHRI Co-Chair said: ‘We welcome the IFJ’s initiative to draw attention to the lack of adherence to these internationally recognised standards, in the Gambia and across the African continent’.