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Arbitrary Arrests, Torture, and Killings | HRW

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To date, Gambia has complied with none of these court rulings. The Gambian government should urgently institute reforms to meet its obligations under international human rights treaties that it has ratified, including the International Covenant on Civil and Political Rights which protects various rights and freedoms, including freedom of expression, opinion, religion, association, and peaceful assembly.

The authorities should cease the arbitrary arrest and detention of journalists, students, LGBT people, and others. Comprehensive steps should be taken to end torture and ill-treatment in custody, as well as incommunicado detention. All those arrested should be promptly brought before a judge and released if not charged with a recognizable offense.

Oppressive laws restricting the rights to freedom of expression and discriminating against LGBT people should promptly be abolished.

Presidency of Dwight D. Eisenhower

To prevent such abuses from recurring, the government should thoroughly and impartially investigate abuses by members of the security forces and appropriately prosecute those responsible, regardless of rank.

The government should disarm and disband semi-official paramilitary groups, notably the Jungulers. They should support human rights and other civil society organizations working to promote human rights and the rule of law.

They should press the government to implement the recommendations made by the Human Rights Council during the 20th Universal Periodic Review and the recommendations contained in the reports of the UN Special Rapporteurs on torture and on extrajudicial executions.

Recommendations To the Government of Gambia Ensuring Respect for Fundamental Rights and Accountability for Abuses Investigate and prosecute in a prompt, thorough, and impartial manner government officials and members of the security services and paramilitary groups implicated in unlawful killings, enforced disappearances, torture, and other abuses in accordance with international fair trial standards.

Issue and enforce clear instructions to all military personnel that those responsible for unlawful killings, enforced disappearances, torture, arbitrary arrests and other abuses, will be punished to the full extent of the law. Ensure that coerced confessions are not admitted as evidence in trial; empower prosecutors to investigate and prosecute alleged torture and other ill-treatment by law enforcement, the military, and domestic intelligence services, free from obstruction or interference.

Establish an independent and impartial inquiry into alleged human rights violations committed by Gambian security and intelligence services; ensure sufficient protection for victims and witnesses who come forward. Increase the capabilities of the National Agency for Legal Aid, and ensure its independence from the executive. Invite the UN Special Rapporteurs on freedom of speech and opinion, and on the situation of human rights defenders, to conduct unrestricted site visits to Gambia.

Ending Mistreatment in Detention Ensure that persons taken into custody are promptly brought before a judge, and held only in official places of detention; that all detainees are provided with immediate and regular access to family members and legal counsel; and, that criminal proceedings are in accordance with international fair trial standards.

Publicly share information about the whereabouts of people that have been arbitrarily or illegally detained or forcibly disappeared, and immediately release them if they have not been appropriately charged with a recognizable offense. Ensure that interrogations are conducted only at official detention centers and in the presence of defense counsel.

Prohibit all interrogations by members of paramilitary groups such as the Jungulers. Ensure that civilians are only detained in official civilian law enforcement facilities, and not held in facilities controlled by the military or paramilitary groups. Allow visits to all places of detention by: Respecting Basic Liberties and the Rule of Law Publicly affirm the rights to freedom of expression, opinion, religion, association, and peaceful assembly. Disarm and disband the Jungulers and other illegal paramilitary groups.

Repeal sectionsand of the penal code that criminalize all actual or attempted consensual same-sex intimacy between consenting adults. Publicly condemn all acts of violence and discrimination against individuals on the grounds of their real or perceived sexual orientation or gender identity and hold those responsible to account. Appropriately prosecute government officials and others who engage in anti-LGBT hate speech that amounts to incitement.

Consistently and publicly condemn government officials who engage in anti-LGBT speech and hold them to account. Press officials to ensure accountability for abuses by state security forces. Call for the immediate and unconditional release of all persons held for the peaceful expression of their political views. Consistently and publicly condemn anti-gay speech by President Yahya Jammeh and other officials, and press for prosecutions against those responsible for incitement against the LGBT community.

Consider the enactment of travel bans or other targeted sanctions on officials responsible for serious human rights abuses, and ban them from participating in foreign-funded programs. Support Gambian government efforts to establish a legal aid system to ensure that defendants have access to a lawyer from the time of arrest. Support human rights and civil society organizations working to provide legal aid to victims, to monitor and expose abuses, and to promote government respect for the rule of law.

Ask the Special Rapporteurs on the promotion and protection of the right to freedom of opinion and expression and on the situation of human rights defenders to consider requesting visits to Gambia. Adopt a resolution to establish regular monitoring, reporting, and interactive dialogue on the human rights situation in Gambia, unless the government takes substantial steps to improve respect for human rights and to fairly prosecute those responsible for past abuses. Request that Gambia submit its long-overdue report on the general human rights situation in the country.

Request an invitation from Gambia to allow ACHPR Special Rapporteurs on prisons and conditions of detention; death penalty and extra-judicial, summary or arbitrary killings in Africa; freedom of expression and access to information; and human rights defenders, to conduct site visits and share their findings publicly.

Methodology This report is based on research conducted by Human Rights Watch researchers from October to Augustincluding field research conducted over three weeks in January and April in Senegal, and over five days in April in Gambia. Human Rights Watch conducted interviews with 38 victims of and witnesses to human rights violations, including journalists, rights activists, LGBT people, opposition party members, civil servants, and former military, security, and intelligence personnel.

Human Rights Watch also conducted interviews with representatives of domestic and international nongovernmental organizations, diplomats, and United Nations officials.

Interviews were conducted in-person and over the phone in English with the informed consent of the interviewee. Witness and victim interviews were conducted individually in secure locations, determined by the interviewee. No one was compensated for being interviewed. The report also incorporates background research conducted by Human Rights Watch in andincluding interviews with 21 victims, witnesses, and perpetrators of abuses that occurred between and Names and other identifying information of many victims and witnesses have been withheld to ensure their safety and that of their families.

Details in some testimonies have been withheld to protect the identity of the interviewee. The vast majority of victims and witnesses were fearful that their cooperation with Human Rights Watch, in respect of this research, would put them or their family members at risk of reprisal by Gambian security services. Gambians in exile who speak out also feared state retaliation against relatives in the country.

On August 25, Human Rights Watch met with the embassy and again presented our findings. We agreed that any responses received by September 4 would be reflected in our report.

As of September 4, Human Rights Watch had received no response from the government. Background The Republic of The Gambia is the smallest country on continental Africa, with a population of roughly 1. Gambia gained independence from the United Kingdom inand became a republic in under the leadership of its then prime minister and later first president, Dawda Jawara.

State of Fear

However, its political history has been regularly punctuated by real or alleged coup attempts. InJammeh was elected president in widely criticized elections, characterized by intimidation and violence, in which the main opposition parties were banned from participating.

The election was denounced by a regional body, the Economic Community of West African States ECOWASas neither free nor fair due to intimidation of voters by the ruling party, and it did not send election observers.

Despite nurturing the pretense of democratic governance, Jammeh has, over the last two decades, consolidated power in the executive branch, creating one of the most repressive and authoritarian administrations on the continent.

Presidency of Dwight D. Eisenhower - Wikipedia

The dominance of the executive over other branches of government has largely erased any separation of power between the executive, the legislature, and the judiciary.

Jammeh is also currently the minister of defense and minister of petroleum. Inshortly after taking power, Jammeh banned all political parties. He lifted the ban in Augustexcept for the three that existed before he came to power, including the People's Progressive Party PPPwhich was banned from participating in politics until The PPP was the ruling party at the time of the coup.

Currently, there are several opposition parties in Gambia, but opposition leaders and party members are frequently arbitrarily arrested and jailed. Their activities often result in intimidation by state security forces, or are blocked by cumbersome administrative hurdles, such as requiring opposition parties to obtain a permit to use loudspeakers.

Gambian human rights and pro-democracy groups have very limited space to promote good governance and respect for human rights. Due to highly restrictive legal and administrative frameworks, very few NGOs operate freely in Gambia.

The few that do raise human rights issues risk harassment and persecution from the authorities. International organizations working on human rights and democracy have also faced challenges working in Gambia. In Octobertwo Amnesty International researchers were detained with a Gambian journalist for six days without charge by authorities while on a research mission to visit detention centers.

It has yet to set up the commission. Inthe government committed to providing free universal primary education and gross school enrollment rates were above average for the region at 97 percent. People shop at a market in Serekunda, west of Banjul.

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Inthe number of Gambians seeking asylum in European Union member states almost quadrupled since They not only threaten you, they beat you. They pour water over you. They will do anything to force you to confess. They get you to sign that paper and that is their evidence. I have seen it with my own eyes. It is a common occurrence. To the knowledge of Human Rights Watch, not a single member of any of these agencies has ever been convicted for the abuses in which they have been allegedly and credibly implicated.

As discussed below, many cases of torture within the NIA headquarters were perpetrated by a paramilitary group who appeared to work in coordination with the NIA. The NIA was created by decree in Juneduring the rule of the Armed Forces Provisional Ruling Council military junta, which declared its decrees exempt from legal challenge.

The NIA was mandated to protect state security, and reports directly to the executive. PattonSereno E. Brettand other senior tank leaders. Their leading-edge ideas of speed-oriented offensive tank warfare were strongly discouraged by superiors, who considered the new approach too radical and preferred to continue using tanks in a strictly supportive role for the infantry. Eisenhower was even threatened with court-martial for continued publication of these proposed methods of tank deployment, and he relented.

He first became executive officer to General Conner in the Panama Canal Zonewhere, joined by Mamie, he served until Under Conner's tutelage, he studied military history and theory including Carl von Clausewitz 's On Warand later cited Conner's enormous influence on his military thinking, saying in that "Fox Conner was the ablest man I ever knew. During the late s and early s, Eisenhower's career in the post-war army stalled somewhat, as military priorities diminished; many of his friends resigned for high-paying business jobs.

He was assigned to the American Battle Monuments Commission directed by General Pershing, and with the help of his brother Milton Eisenhowerthen a journalist at the Agriculture Department, he produced a guide to American battlefields in Europe. Mosely, Assistant Secretary of War, from to February Eisenhower graduated from the Army Industrial College Washington, DC in and later served on the faculty it was later expanded to become the Industrial College of the Armed Services and is now known as the Dwight D.

Inhe participated in the clearing of the Bonus March encampment in Washington, D. Although he was against the actions taken against the veterans and strongly advised MacArthur against taking a public role in it, he later wrote the Army's official incident report, endorsing MacArthur's conduct. Eisenhower had strong philosophical disagreements with MacArthur regarding the role of the Philippine Army and the leadership qualities that an American army officer should exhibit and develop in his subordinates.

The resulting antipathy between Eisenhower and MacArthur lasted the rest of their lives. Eisenhower later emphasized that too much had been made of the disagreements with MacArthur, and that a positive relationship endured. Eisenhower was promoted to the rank of permanent lieutenant colonel in He also learned to fly, making a solo flight over the Philippines inand obtained his private pilot's license in at Fort Lewis.

Quezon on recommendations by MacArthur, to become the chief of police of a new capital being planned, now named Quezon Citybut he declined the offer.

After successfully participating in the Louisiana Maneuvershe was promoted to brigadier general on October 3, Marshall, who spotted talent and promoted accordingly. Arnoldcommanding general of the Army Air Forcesto London to assess the effectiveness of the theater commander in England, Maj.

The word "expeditionary" was dropped soon after his appointment for security reasons. Eisenhower was the first non-British person to command Gibraltar in years. The Allied leaders were "thunderstruck" by this from a political standpoint, though none of them had offered Eisenhower guidance with the problem in the course of planning the operation. Eisenhower was severely criticized for the move. Eisenhower did not take action to prevent the arrest and extrajudicial execution of Bonnier de La Chapelle by associates of Darlan acting without authority from either Vichy or the Allies, considering it a criminal rather than a military matter.

He also was initially indecisive in his removal of Lloyd Fredendallcommanding U. He became more adroit in such matters in later campaigns. The Eighth Army had advanced across the Western Desert from the east and was ready for the start of the Tunisia Campaign. Once Mussolinithe Italian leader, had fallen in Italy, the Allies switched their attention to the mainland with Operation Avalanche.

But while Eisenhower argued with President Roosevelt and British Prime Minister Churchillwho both insisted on unconditional terms of surrender in exchange for helping the Italians, the Germans pursued an aggressive buildup of forces in the country. Upon taking office as president, he now set himself to designing the basic American strategy for fighting the Cold War against world communism. Eisenhower planned for the full mobilization of American society, and especially the technological superiority to promote military preparedness, intelligence services, and covert action by the CIA.

According to biographer William I. Elaborate security measures to combat domestic spying Longer tours of duty for draftees, inclusion of women into the armed services As both the United States and the Soviet Union possessed nuclear weapons, any conflict presented the risk of escalation into nuclear warfare. Malenkov proposed a "peaceful coexistence" with the West, and British Prime Minister Winston Churchill proposed a summit of the world leaders. Fearing that the summit would delay the rearmament of West Germanyand skeptical of Malenkov's intentions and ability to stay in power, the Eisenhower administration nixed the summit idea.

In April, Eisenhower delivered his " Chance for Peace speech ," in which he called for an armistice in Korea, free elections to re-unify Germany, the "full independence" of Eastern European nations, and United Nations control of atomic energy. Though well received in the West as the marking the beginning of dialogue between the Western bloc and the Eastern blocthe Soviet leadership viewed Eisenhower's speech as little more than propaganda.

Ina more confrontational leader took charge in the Soviet Union, Nikita Khrushchev. Eisenhower became increasingly skeptical of the possibility of cooperation with the Soviet Union after it refused to support his Atoms for Peace proposal, which called for the creation of the International Atomic Energy Agency and the creation of nuclear power plants. The product of a series of meetings with senior cabinet-level officials, consultations with National Security Council personnel Project Solariumand a comprehensive defense review by the Joint Chiefs of Staffit reflected Eisenhower's desire for a sustainable long-term U.

Historian Saki Dockrill argues that his long-term strategy was to promote the collective security of NATO and other American allies, strengthen the Third World against Soviet pressures, avoid another Korea, and produce a climate that would slowly and steadily weaken Soviet power and influence. Dockrill points to Eisenhower's use of multiple assets against the Soviet Union: