the period from the moment he is placed under restraint up to the time he is brought
before an authority competent to order his continued custody or to release him” and
defines detention as the act of confining a person to a certain place, whether or not
in continuation of arrest and under restraint which prevent him from living with his
family or carrying out his normal occupational or social activities.
The 3rd Applicant alleges to have been detained for 6 days, the 4 th Applicant was
also detained for about a month while the 5th Applicant was detained for 63 days
before being charged to Court. The Defendant failed to give a justification for the
continued detention.
The Defendant did not lead any evidence to rebut the allegation, rather, contends
that the arrest, and detention was upon reasonable suspicion and in conformity with
the Laws of the Gambia.
Section 19 (3) (b) of the Constitution of the Gambia above provides that persons
detained upon reasonable suspicion should be brought to court within 72 hours.
Similarly, the ACHPR, ICCPR and the UDHR provides that for an arrest to be
justified, it must be done in accordance with the law.
In Tandja V Republic of Niger (2010 CCJELR) pg 130, the Court held that
detention under whatever guise must comply with the respect enlisted in the human
rights instruments and must be done within the frame work of judicial procedure.
49