Applicant for unlawful deprivation of life, and associated loss to the
relatives and family members.
15.
AN ORDER directing the Respondent to release the body of
Ebrima Solo Sandeng (deceased) to his family and to the 32nd
Applicant for proper burial in accordance with highly respected
African values and culture.
16.
AN ORDER restraining the Respondent from harassing,
arresting, detaining charging trying or otherwise intimidating any
member of the 32nd Applicant in respect of this matter or any other
matter, and to allow the members of the 32nd Applicant exercise
their rights to participate, vote and elect their representatives and
express political opinion as enshrined in Article 2 and 13 the African
Charter on Human and People’s Rights.
17.
Any other order the Honorable Court considers necessary and
which the justice of this case, including any order to ensure that the
implementation of the judgement and orders made in this case are
monitored.
The Respondent’s defense
The Respondent denies paragraph 1 of the Applicants’ claim and states
that they were arrested pursuant to law after undertaking an unlawful public
procession. That the 1st to 31st Applicants were not tortured but that the
arrest and prosecution followed due process. That the procession was in
defiance of an order of police and posed real and imminent danger to
public peace.
The Respondent denies further, paragraph 2 of the Applicants’ claim and
submits that the deceased, Ebrima Solo Sandeng, died from shock and
respiratory failure.
The Respondent contends that the Public Order Act is not contrary to
Article 11 of the African Charter on Human and People’s Rights. That the
Applicants were arrested and detained because they violated the Public
Order Act Cap 22 vol. 4 of the Gambia 2009.
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