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CRIMINAL JUSTICE

Since 22^nd July 1994, when His Excellency Dr. A.J.J. Jammeh ascended to the rulership of the Republic of The Gambia, Criminal Justice delivery has witnessed many improvements. The drive of the in-coming government for change in governance also impacted on the justice sector. There was need for a more effective and open system of justice, which is within the reach of the ordinary person. There was also the need to meet the desire of foreign investors for an environment that guarantees the security of their person, investment, sanctity of contract and effective remedies. These changes were pursued according to values that are fundamental to good governance, transparency and accountability in public life, and established a good foundation for a return to constitutional and democratic governance in 1997. In entrenching democratic and libertarian norms, the government moved away from the standard law and order approach towards a human rights approach and further affirmed the equal worth of all people irrespective of gender, economic status, race, learning or any other personal attribute. The justice sector has now become more accessible and efficient in responding to the needs of the people with the result that justice and democracy have been made real for both individuals and groups. The public have become confident in the legal system as existing to protect their interests, uphold their rights and enforce their obligations. Government has ensured that this confidence is not eroded by considerations of cost or complexity of the legal system.

The improvements in the justice sector have ensured that law and justice appropriately respond to government’s policy on generating growth and reducing poverty in The Gambia. Budget realignment, the allocation of resources, prioritisation as well as prudential use of existing resources form part of the processes by which these improvements were secured.

These past ten years have witnessed a consistent improvement in the capacity of the criminal justice system to respond quickly to the needs of the society, to check the rising waves of crime and refocus the objective of criminal justice to ensure satisfaction for all subject of criminal justice. The emphasis of government has been to eliminate unacceptable delays in the trial of criminal cases through a wide range of administrative and legislative measures including the periodic amendments of the Criminal Code Act and Criminal Procedure Act. The making of the 1997 Constitution was midwifed by this government. The elaborate provisions in the 1997 Constitution of The Republic of The Gambia to ensure the fair trial of an accused testify to her respect for human rights. The government has instituted many initiatives for capacity building of the criminal justice agencies. Government has embarked on legislative measures towards a genuine balancing between the rights of the accused and that of the victim of crime.

Gambia has within the past 10 years acquired a high profile in the international community as a regional champion of human rights. Nationally, the level of observance and enforcement of human rights at pre-trial, trial and post conviction stages of criminal proceedings have continued to soar.

The commitment of the government to democracy, the rule of law and human rights is further demonstrated by her ratification of the Rome Statue of the International Criminal Court. Gambia played a leading role in the establishment and development of the ICC thereby taking a principled stand against impunity and affirming her belief in the attainment of global peace, order and stability by the due process of law. Under this government, the Gambia ratified the anti-terrorism convention and nationally implemented, same by enacting the Anti-Terrorism Act 2002. The past 10 years have witnessed vigorous national enforcement of uniform and model international criminal laws. The Gambia has become very active in international and regional initiatives on crime prevention, detection and prosecution.

The government attaches great importance to international criminal law and the fulfilment of her international obligations. She has ensured that Gambia is not a safe heaven for cross-border criminals and violators of international humanitarian and criminal laws.

The National Action plan against drugs is a strategic initiative that has gone a very long way to reduce drastically the incidence of drug offences, through vigorous prevention, detention, investigation and prosecution measures.

The transparency of the government in the administration of criminal justice can be seen in the prosecution and conviction of high profile ruling party members and parliamentarians for drugs offences and economic crimes.

The government abolished the death penalty under the 1997 Constitution. It is now limited to violent murders or murder resulting from the administration of toxic substances. This shows government’s readiness to give criminal justice a human face and comply with the global trend of abolishing death penalty. It is instructive that no death sentence has been carried out under this government.

The government has persisted in her efforts to maintain a high service standard of the criminal justice agencies. Back