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CHARGES AGAINST MR. MADI JOBARTEH DROPPED BY THE INSPECTOR
GENERAL OF POLICE WITH IMMEDIATE EFFECT.
Following a fruitful discussion at the Headquarters of the National Human Rights Commission
today Friday 10th July 2020, with the Gambia Police Force, the National Human Rights
Commission (NHRC), the Gambia Bar Association and The Association of Non-Governmental
Organisations (TANGO), the Inspector General of Police has agreed to drop, with immediate
effect, all the charges preferred against Mr. Madi Jobarteh, a human rights defender who was
charged with false publication and broadcasting contrary to Section 181A(1) of the Criminal Code
of The Gambia.
“I am happy to announce that as Inspector General of Police of The Gambia Police Force, we are
dropping all charges against Mr. Madi Jobarteh as from today. No other action will be taken against
him as far as this case is concerned”, said the IGP.
This milestone, following the advisory role of the National Human Rights Commission, was
achieved after a frank discussion, which the Commission had with the Inspector General of Police
on Thursday 9th July 2020, subsequent to its concerns raised with the Minister of Interior regarding
the case.
At today’s meeting, both TANGO and GBA reiterated that the State is the primary duty bearer and
has the obligations to respect, protect and fulfil the fundamental human rights of all persons
residing in The Gambia. They called on the Gambia Police Force and all other State security
agencies to continuously assume their critical roles as the number one defender and protector of
the rights and freedoms of the people.
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It is important to highlight that the right to freedom of expression and speech is sacrosanct and can
only be limited in accordance with procedures established by law and in particular to achieve
public order and security. The enjoyment of all other human rights cannot be possible when the
right to freedom of expression and speech is stifled, censored or unduly restricted or when the
people feel a sense of intimidation and fear for expressing their views and opinions on matters of
national or public interest.
While commending the IGP for the willingness to engage in the discussions and in his commitment
to drop all the charges against Mr. Jobarteh, he was reminded of the importance of timely
communication with the public, especially on matters of public interest and concern. Suspicions
and speculations are minimized when the public is regularly informed and aware of cases under
investigations by the Police. Both TANGO and the GBA encouraged the State and its security
apparatus to engage with civil society, communicate in a timely and accurate manner and to build
strong partnerships to foster a smooth transition following two decades of arbitrary rule by the
former president.
The National Human Rights Commission wishes to remind the Government of its obligations to
respect and protect the right of the people to free speech, in accordance with Section 25 of the
Constitution of The Gambia, 1997, which guarantees every person living in The Gambia the right
to freedom of expression, conscience, assembly, association and movement, as expected in a
democratic nation anchored on the rule of law, good governance and dues process.
Signed…..
Emmanuel Daniel Joof
Chairperson NHRC