Chapter 5 : Institutional Malpractices - User Friendly Summary Gov. White paper with ICTJ and Partners

Unlock the harrowing truths behind the National Intelligence Agency's brutal operations in The Gambia from 1996 to 2016. Through torture, unlawful arrests, and enforced disappearances, the NIA operated with total impunity to ensure former President Yahya Jammeh’s iron grip on power. We dive deep into the shocking conditions at Mile 2 prison, the erosion of judicial independence, and the manipulation of court rulings by mercenary judges. This is an episode that not only recounts the atrocities but also emphasizes the urgent need for justice and reform.

Discover the TRRC's comprehensive recommendations for transforming The Gambia’s future, from prosecuting NIA officials to overhauling the judicial and prison systems. We outline the government’s commitment to these reforms from 2023 to 2027, including the renaming of the NIA and significant security sector changes. Learn about the collaborative efforts of various institutions to restore human rights and accountability. This episode is a powerful testament to the resilience of a nation striving to rectify past injustices and build a fairer society.

Transcript

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Chapter 5 Institutional Malpractices TRRC Findings. What Happened? The National Intelligence Agency, allegedly called NIA, was known for its brutality and disregard for human rights. The nation's only intelligence agency was used as a tool to target perceived threats to Jammeh's government and operates with total impunity. The NIA used various methods, such as torture, sexual violence, unlawful arrest and enforced disappearances, to instill fear and maintain Jamme's hold on power.

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Mile 2, the main prison facility built in 1920, fell short of UN standards for prisoners treatment. The prison faced serious issues like insalubrious atmosphere, leaky roofs, mosquitoes, infection, overcrowding and many other inhumane conditions, making it unsafe and unhealthy for human occupation. The laws designed to protect prisoners' rights were not only followed, and some prisoners were brought to prisons without a legal reason or a warrant for their arrest and detention. On the other hand, the independent functioning of public institutions such as the judiciary, ministry of Justice, gambia Police Force and the Gambia National Intelligence Agency were undermined. The judiciary's independence was eroded through the appointment of unqualified judges and the unlawful termination of judges. Judges were intimidated, fired, arrested and detained while executing their functions, and those that resisted intimidation faced punitive measures Mezos. Similarly, mercenary judges were appointed by the former president to deliver rulings agents litigants in cases of interest to him.

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When did it happen? From 1996 to 2016. Who are the perpetrators? The former president, yaya Jamet, through his government, and the state security forces. Trrc recommendation and government position. What is recommended? Forces, trrc documentation and government position. What is recommended? The TRRC documents and the government accepts the following 1.

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Prosecution of some national intelligence agency officials. 2. Dismissing and banning of certain individuals from holding public offices. 3. Security sector reform Rename the National Intelligence Agency to State Intelligence Agency and limit its excessive powers. Four, reforming the prison service and facilities to modern standards. Five, reforming laws related to prisons and prisoners. Six reforming of the judicial sector to ensure competency, impartiality, transparency and prisoners. Six, reforming of the judicial sector to ensure competency, impartiality, transparency and accountability. Finally, constitutional reforms related to the judicial sector.

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When is the implementation period?

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From 2023 to 2027. Which institutions are responsible for the implementation of these recommendations? Ministry of Justice. Special Prosecutor Office. Ministry of Finance, economic Affairs, office of the Inspector General of Police, national Intelligence Agency. Gambia Armed Forces. National Human Rights Commission. The Judiciary Ministry of Interior. Ministry of Health, personal Management Office. General Legal Council of the Gambia Law Reforms Commission. National Assembly. Ministry of Lands, regional Government and Religious Affairs, judicial Service Commission. National Legal Aid Agency. Ministry of Foreign Affairs. Gambia Prison Services, social Welfare, food Safety and Quality Assurance Authority. The Cabinet and the Gambia Bar Association.

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What is the status of the implementation? What is the government doing? Prosecution For all prosecution-related crimes the government is creating the Special Prosecution Office for the Prosecution of Perpetrators. Reparations the government, through the National Assembly, on November 1st 2023, passed the Victim Reparation Bill 2023. Banning and Dismissing the government, through the National Assembly, on November 1st 2023, passed the Ban from public office. Drrc bill 2023. Security reform the government is currently implementing its security sector reform mechanism.

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Thank you.