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BEFORE: |
CHAIRMAN: Prof. Isaac Nguema
VICE CHAIRMAN: Dr. Mohamed H. Ben Salem
COMMISSIONERS: Prof. Emmanuel V.O. Dankwa, Mr. Sourahata B. Semega
Janneh, Mr. Robert H. Kisanga, Dr. Vera V.B.S. Duarte-Martins, Dr.
Ibrahim A. Badawi Ei-Sheikh, Prof. U. Oji Umozurike |
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PermaLink: |
http://www.worldcourts.com/achpr/eng/decisions/1994.11.03_Ceesay_v_Gambia.htm |
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Citation: |
Ceesay v. Gambia, Decision, Comm.
86/93 (ACmHPR, Nov. 03, 1994) |
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Publications: |
IHRDA, Compilation of Decisions on
Communications of the African Commission On Human and Peoples’
Rights Extracted from the Commission’s Activity Reports 1994-2001,
at 102 (2002); Documents of the African Commission on Human and
Peoples’ Rights, at 390 (Malcolm D. Evans & Rachel Murray eds.,
2001); (2000) AHRLR 101 (ACHPR 1995) |
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FACTS
[1] The complainant was a Corporal in The Gambia National Army and was on 14
June 1991 - according to the complainant -randomly selected as one of seven
men to see the Commander in order to discuss the problems of the Contingent
sent to Liberia under ECOMOG. When the seven men had gathered they were
immediately surrounded by armed personnel who attempted to arrest them. They
managed to flee to the State House but were arrested, subsequently suspended
and discharged allegedly because of state mutiny but without charge or
trial.
[2] According to the Attorney General, Mr. Ceesay and others were marching
in the streets protesting because of lack of payment. The protesters were
disrupting the peace and were charged with mutiny. A commission of Enquiry
was set up to decide on the cases and the mutineers were eventually
dismissed, the most inferior sanction available against mutiny.
COMPLAINT
[3] The complainant asks the Commission to order re-instatement or to compel
the Gambian authorities to issue the complainant with a certificate of
discharge.
DECISION
[4] The Government notified the Commission that the complainant had not had
recourse to the local remedies. At its 16th Session the Commission declared
the communication inadmissible. |
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