deceased had died in the process of arrest and detention and the primary
cause of death was shock and the secondary cause was respiratory failure.
The Applicants submitted Annexure B2 and B3 which is a Death Certificate
that puts the time of death at 15th April, 2016 at 4:20 a.m. but that his
remains were not handed to his family neither were they informed.
The Applicants further aver that they were all in bad physical conditions
during detention and several of them had injuries on various parts of their
bodies and some were limping or had difficulty moving. That they were
sentenced to three (3) years in prison on the 20th July, 2016 in a trial that
was devoid of fair hearing. That the 1st Applicant was denied his right to
make a statement on his sentencing before he was sentenced.
The Applicants specifically contend that the Public Order Act (of the
Respondent), by its Section 5, is an unjustifiable as its provisions restrict
Rights under Article 7 of the ACHPR.
RELIEFS SOUGHT BY THE APPLICANTS
1. A DECLARATION that Section 5 of the Public Order Act of the
Republic of the Gambia Chapter 22-01 is in violation of Article 11 of
the African Charter on Human and People’s Rights.
2. A DECLARATION that the arrest, detention, charge, purported trial
and imprisonment of the Applicants for offences under the Public
Order Act were in violation of Articles 4-7 and 11 of the ACHPR.
3. A DECLARATION that the arrests and detention of the Applicants
on the 14th April, 2016 and 16th April, 2016 were arbitrary, unlawful
and in violation of Article 11 of the ACHPR.
4. A DECLARATION that the torture and/or cruel, inhuman and
degrading treatment of the Applicants by the Respondent and its
agents violated Articles 4 and 5 of the ACHPR.
5. A DECLARATION that the purported trial of the Applicants without
giving them the opportunity to be defended by Counsel of their
choice violated Articles 6 and 7 of the ACHPR.
6. A DECLARATION that torture and/or cruel, inhuman and degrading
treatment and abuse of the 27th and 28th Applicants, violated Articles
4