The police have on Tuesday charged a Gambian human rights activist with “false publication” after he accused the government of failing to investigate and take actions on three deaths, two of which involved the police.
Madi Jobarteh, who is the Country Representative of the Westminster Foundation, told journalists at a Black Lives Matter protest in Pipeline on Saturday that the government failed to probe and take necessary actions on the deaths of Ousman Darboe, Kebba Secka, and Haruna Jatta.
He is charged under the country’s “false information and broadcasting” law which carries a minimum jail term of one year and a maximum fine of D250, 000.
His brother, Sulayman Junkung Jobarteh, a former magistrate, confirmed the charge. He said that Madi didn’t commit a crime and that “opinions are not facts and can’t be criminalized.”
Madi was released on bail after three hours of detention and has been asked to report to the Kairaba Police station Wednesday at 10am.
Following his bail, Madi Jobarteh wrote that the action of police “is an assault” on his fundamental constitutional right to freedom of expression and to hold the state accountable. He said he won’t be “intimidated”.
The charge against him has been described as “a big blow and setback” to Gambia’s democracy by Fatou Jagne Senghor, director of Article 19 West Africa in a tweet.
Ousman Dabo, a Gambian-Sierra Leonean, died in July last year after he was released following more than a week in police custody. No one has been arrested or charged.
Kebba Secka, a University student, was reportedly stabbed by a police officer leading to his death in July last year. A police officer is currently standing trial on a murder charge for nearly a year now.
Haruna Jatta, a native of Yahya Jammeh’s birthplace, Kanilai, was shot and killed by Senegalese forces who opened fire on peaceful protests against their presence in the area. No one has been arrested or charged.
A former programme manager at The Association of Non-Governmental Organisations, the umbrella body of NGOs in Banjul, Madi is popular for his prolific writings and criticisms of the Adama Barrow government.
He is also known to stand up for the promotion and protection of human rights around the world, and has participated in civil society protests in London during US dictator Trump’s visit to UK and in Nigeria against the abduction of school girls by Boko Haram.
Usually shortened as “false publication” law, the “dissemination of false information and broadcasting” is found under Section 181A of the Criminal Code.
Under this law, anyone who “willfully, negligently or recklessly, or having no reason to believe it is true, …publish or broadcast any information or news which is false…”, commits an offence.
Lack of knowledge that the information was false is not a defence, unless it is proven that adequate measures were taken to verify the accuracy of the information.
Under the dictatorship of Yahya Jammeh, the law was mainly targeted at journalists. Prominent journalists to have been charged with false publication include Abdul Hamid Adiamoh, a proprietor of the now defunct Today newspaper (in 2009), Musa Sheriff, proprietor of The Voice newspaper, and Sainey M.K. Marenah, a freelance journalist (in 2014).
Challenged by the Gambia Press Union as unconstitutional, the Supreme Court in Banjul upheld the “false publication” law, saying it is “necessary in a democracy” for “reasonable restriction” in a May 9, 2018 ruling.
- UPDATED to add final paragraph (July 1, 2020 at 11:57am)
