TNAG-0652-FCO40-801-Planning-Staff-papers-on-human-rights-and-foreign-policy-cou-1977 — Page 78

CONFIDENTIAL

TI GAMBIA

Report by British High Commission, Banjul

General Observations

1. Chapter III of the Constitution, the Protection of Fundamental Rights and Freedoms, covering Sections 13 to 30, is entrenched under Section 72 of the Constitution and can be altered only by a referendum. Under Section 28 of the Constitution any person who alleges that his fundamental rights have been contravened may apply direct to the Supreme Court, where a Briton is Chief Justice, for redress. Appeals from the Supreme Court lie first with the Court of Appeal and then with the Judicial Committee of the Privy Council.

Right No.

(i) There is no imprisonment without trial.

It is forbidden by Section 15 of the Constitution Protection of Right to Personal Liberty.

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(ii) Torture is not used. It is forbidden

by Section 17 of the Constitution, sub- section 1 of which states "No person shall be subjected to torture or inhuman or degrading punishment or other treatment"

(iii) Slavery does not exist. It is forbidden

by Section 16 of the Constitution, sub- section 1 of which states "No person shall be held in slavery or servitude".

(iv)

The press

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Freedom of speech is guaranteed under Section 22 of the Constitution. is free, although under Section 47 of the Criminal Code the Government have the power to prohibit the importation of any publica- tion. The official Government newspaper, The Gambia News Bulletin, and the Government- owned Radio Gambia do not publish the views of the Opposition parties, but they are free to publish their own newspapers. There is no

television.

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CONFIDENTIAL

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