The Respondent avers that the Applicants were duly arraigned in court but
that the High Court ordered for their remand in custody pending trial. That
they were allowed access to family, Counsel and medical care. That they
were allowed Counsel of their choice until Counsel withdrew his
representation and the Applicants continued their defense.
The Respondents aver that the Applicants were not subjected to torture or
inhumane and degrading treatment but that the investigation was pursuant
to the unlawful processions of 14th and 16th April 2016 and its attendant
disorder.
The Respondent maintains that the treatment of the Applicants did not
amount to torture and ill treatment, that 18th detainee and Ebrima Solo
Sandeng were never subjected to torture particularly subjected to torture.
The Respondent states that the Applicants were not beaten or brutalized
but that reasonable force was used to disperse the crowd.
The Respondent admits paragraph 16 of the Applicants claim and affirms
the sentence of three years in prison but states that the Applicants were
accorded fair hearing during the trial. The Respondent states that the
Applicants have filed an Appeal in the Court of Appeal against their
conviction.
The Respondent contends that the application of the Applicants lacks merit
and is therefore not eligible for the reliefs sought. That the Court should
dismiss the application for lack of merit.
The Applicants’ Response to the Respondents’ Statement of Defense
The Applicants’ maintained the facts averred in the initiating application.
The Applicants specifically contend that they were denied Counsel, family
and medical care and refer to the proceedings of THE STATE V.
OUSAINOU DARBOE & ORS (2016) CRIMINAL CASE NO:
HC/179/16/CR/059/AO.
The Applicants aver that the Counsel representing them (in the domestic
case) was compelled to withdraw representation cited many instances
leading to this including the fact that there was an atmosphere of
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