Human Rights our
Collective Responsibility
cited by the Second Complainant
Therefore, the negative publicity campaign
conducted against her by the Government officials including the Prime Minister's
public statements declaring her and others guilty prior to the end of the trial and the
documentary
'Akeldama'
shown
on national
television
accusing
the Second
Complainant as terrorist aimed at prejudicing the outcome of her trial offends the
principle of presumption-of innocence and is a violation of Article 7(1) (b).
<:"'_'
148.
::iwaM;~:' rged with violating
The Second Complainant also alleges that s
Articles 32(1) (a)60,38(1)61and 684 (1) and (2)62qjj(;:',,;;: .!hiopi· .)Criminal Code and
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Articles 4,7 and 9 of the 2009 Anti-TerrorismJ~r.oclamaHQir\:'bt.lf'n9n~:pfJheevidence
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''':';~-_::.:~;;?'':if/
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showed that she was involved in an of£~rio'e.Insfeap:/~'.~he
wa,,~!i~equired
'f ,'rove her
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innocence and also in the process w(J~'derii~<;l
'the rig1fi(tobring eXpert"yvitnesses.The
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Commission reiterates that th~_/fR'i~umptioh~''Pftiimocence also: 'means that the
prosecution has a legal obli,gati~n ~~::. i,:t::v,~ the 'itiif"~f the accused person beyond
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reasonable doubt and ndf:;f@,i';,~he
accu,~~'ff:i:I::p;~~pon
to prove his/her innocence. The
Commission notes tl1if·.the jJ;~f~~li),t~·(~;·
th~q;~~~~~gr:.
,J1i~h Court found the Second
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Complainant guilty of aiding pers6R,~~f9,r
the purpose of a terrorist act, supplying of
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information helpful to the terrorism aCf"i#:::~o:yert
operations and sentenced her to 14
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years imprisonment, The Commission al~c{notes that the basis of the conviction and
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sent~:n~ewas not adequately substa~tiated in the reasoning of the Court. The evidence
reli~~L¥~on~inthe judgn,.~~t~ete!.fh'~ statements of witness's No.6 and 7 who testified
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"·¥"·'.l- ;~':~:
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being opserver~:::~Wb~p.
files in the email account of the Second Complainant were
. <".'~.::;"'" ·~';·:r'<.:: :'- -', ... ,<.~,,'~
'~,:;',
opened andprinted
'.
bY';fhe investigator, and the Second Complainant borrowing a
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digital carri~I:~from her at different times respectively. It made a finding that the
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Second Compl!'!frtant had established a working relationship with the 1st defendant
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60" Any person
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as! tchif: (a) he~
shall be regarded as having committed a crime as a principal criminal and Ii' nishe
(Jl
actually commits the crime either directly or indirectly, in particular by means of an animal11bita nabral ful'C:eot- ) g
61 "Where two or more persons enter into an agreement ~ocommit a crime the provisions ret!tding\p.articip}ition,an'a
§
aggravation of punishment due to the above-mentioned circumstances are applicable (Art. 8~t11d)Y~__",/~~~~
.
62 money laundering and aiding under the provision of Article 684 of the Criminal Code
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The African Commission on HUmal):ano'Peoples'
431 P age
I
.,
i
;
Rights
31 Bijilo Annex Layout, Kornbo North District,
West Coast Region Gambia
Phone: (220) 230 4361 Fax: (220) 441 0504
Email: au-banjul@africa-union,org
https:lachpr,au,intlO 0 III