The Gambia: Information on trials; whether they are fair, whether the presence of a lawyer is allowed and what kind of appeal procedures are available
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 February 1993 |
| Citation / Document Symbol | GMB13193 |
| Cite as | Canada: Immigration and Refugee Board of Canada, The Gambia: Information on trials; whether they are fair, whether the presence of a lawyer is allowed and what kind of appeal procedures are available, 1 February 1993, GMB13193, available at: https://www.refworld.org/docid/3ae6ac5f28.html [accessed 29 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to the Encyclopaedia of the Third World, trial procedures in Gambia are carefully regulated to insure protection of the rights of the accused (1992, 667). Under the law a detained person must be tried within a week, but the waiting period can be extended up to 21 days (Ibid.). According to Country Reports 1991, in practice, the detention period can be even longer due to the overcrowded court schedules (1992, 142). If the accused is released on bail he or she need not come to trial until the investigation is completed and there is no time limit for investigations (Encyclopedia of the Third World 1992, 667). The Constitution of Gambia provides the accused the right to be presumed innocent, the right to be informed promptly of the charges and the right to a public trial (Country Reports 1991, 1992, 142). Information on whether the accused has the right to retain counsel and the right to be informed of this right could not be found among the sources currently available to the DIRB in Ottawa. There is appeal to the Court of Appeal which is the highest court in the country (Ibid.).
According to Country Reports 1991, there were no political detainees held in the Gambia at the end of 1991 (1992 142). The president granted amnesty to the last 35 people imprisoned for criminal convictions in connection with the 1981 coup attempt (Ibid.).
Additional or corroborating information is currently unavailable to the DIRB in Ottawa.
References
Country Reports on Human Rights Practices for 1991. 1992. U.S. Department of State. Washington: U.S. Government Printing Office.
Encyclopaedia of the Third World. 1992. 4th ed. Vol. 1. New York: Facts on File.
Attachments
Country Reports on Human Rights Practices for 1991. 1992. U.S. Department of State. Washington: U.S. Government Printing Office, p. 141.
Encyclopaedia of the Third World. 1992. 4th ed. Vol. 1. New York: Facts on File, pp. 667-668.
