Republic of the Gambia (Gambia).

Africa (Western Africa).

English.

1,780,000 (2009).

Retentionist.

Gambia carried out executions in 2012.

2012.

Hanging.

Under the Gambia Criminal Code, the method of execution used is chosen by the Minister of Justice, who “may issue instructions as to the manner in which sentence of death shall be carried out,” provided that the Minister ensures that “the executions are carried out expeditiously.” The Minister can also create rules to “[guard] against any abuse in the execution as also of giving greater solemnity thereto, and …[make] known outside the prison walls that the execution is taking or has taken place.”

Historically, the Criminal Code provided that executions were to be carried out by hanging. Amnesty International’s 1989 publication When the State Kills identifies hanging as the sole method of execution.However, executions were carried out in 2012 by firing squad.

Shooting.

(firing squad).Under the Gambia Criminal Code, the method of execution used is chosen by the Minister of Justice, who “may issue instructions as to the manner in which sentence of death shall be carried out,” provided that the Minister ensures that “the executions are carried out expeditiously.” The Minister can also create rules to “[guard] against any abuse in the execution as also of giving greater solemnity thereto, and …[make] known outside the prison walls that the execution is taking or has taken place.” Executions were carried out in 2002 by firing squad.

0.

As of May 2019, there was no one on death row in Gambia. On May 7, 2019, President Adama Barrow commuted the death sentences of all 22 prisoners on death row to life imprisonment as part of moving toward abolition of the death penalty.

(This question was last updated on June 3, 2019.).

Yes. On February 18, 2018, President Adama Barrow announced a moratorium on the death penalty. He made this announcement, what he called a “first step towards abolition”, in a speech on the 53rd anniversary of the country’s independence from Great Britain.

The Constitution of Gambia of 1997 provides that no person can be deprived of life intentionally except in execution of a sentence authorized by law and imposed by a court after a lawful conviction. It further provides that no sentence of death can be imposed for any offense unless it involves violence or the administration of a toxic substance and results in death. Finally, the Constitution calls for a review of the death penalty and consideration of its total abolition.

Murder.

A person who “of malice aforethought causes the death of another person by an unlawful act or omission commits murder.” Murder is punished by death.

The Criminal Code provides an exception for infanticide (a mother killing her child if the child is less than a year old and if her mind is disturbed), which is not characterized as murder.

Other Offenses Resulting in Death.

Using violence in the commission or attempt of a felony is deemed to constitute “malice aforethought” and if it results in death is therefore considered murder and is punished by death. Causing death while intending to facilitate the flight or escape of a person who has committed or attempted to commit a felony is also deemed to meet the intentional requirement of murder and is punished by death.

Terrorism-Related Offenses Resulting in Death.

Terrorism is broadly defined as an act of serious violence to person or property or other act damaging social, national or international resources, which is intended to intimidate the population or destabilize or destroy political, constitutional, economic or social structures or influence the government or an international organization. The penalty for committing terrorism is death. A member of the armed forced charged with an act of terrorism is tried by a Court Martial and if found guilty, is liable to be sentenced to death. The scope of the death penalty seems broader for military personnel than for civilians, in that the law could be interpreted to apply the death penalty for conspiracies by military personnel. Under the Constitution, the death penalty is limited to cases where death is a result of the crime.

Terrorism-Related Offenses Not Resulting in Death.

Terrorism is broadly defined as an act of serious violence to person or property or other act damaging social, national or international resources which is intended to intimidate the population or destabilize or destroy political, constitutional, economic or social structures or influence the government or an international organization. The penalty for committing terrorism is death. A member of the armed forced charged with an act of terrorism is tried by a Court Martial and if found guilty, is liable to be sentenced to death. The scope of the death penalty seems broader for military personnel than for civilians, in that the law could be interpreted to apply the death penalty for conspiracies by military personnel. Under the Constitution, the death penalty is limited to cases where death is a result of the crime, but the text of the Anti-Terrorism Act sweeps more broadly, authorizing the imposition of the death penalty for any act of terrorism that is committed, whether or not it results in death.

Media articles, moreover, report that treason convictions do in practice result in death sentences even where the offender did not cause the death of any victim. Eight individuals were sentenced to death for treason in 2010, and their death sentences seem to have been pronounced despite reports that their actions were merely preparatory and did not result in death. Application of the death penalty for treason not resulting in death is an explicit textual violation of Gambia’s Constitution.

Treason.

Gambia’s national report to the Human Rights Council in relation to its Universal Periodic Review indicates that treason is punishable by death when it results in death. However, the Criminal Code provides that death may be ordered for treason offenses not resulting in death, such as preparing in order to overthrow the government, alter laws or government policy, or usurp executive power; assisting the invasion of Gambia; assisting the enemy in time of war; attempting to cause the death of a member of government; or conspiring to do any of the above.

Comments.

The death penalty was abolished in Gambia in 1993 and re-introduced in 1995. In February 2010, Gambia’s presentation to the Human Rights Council in relation to its Universal Periodic Review stated that the death penalty “is applicable but is limited to murder and treasonable offences resulting in death.” This statement is belied by legislation that allows capital punishment to be applied for offenses of treason and terrorism that do not result in death. Furthermore, the Criminal Code classifies as “murder” offenses which do not meet the usual requirement that the offender have an actual (as opposed to a deemed) intent to kill (see discussion above.)

In October 2010, the National Assembly passed a short-lived law expanding the number of offenses to which the death penalty could be applied. The amendment to the Drug Control Act of 1993 (passed a few days after the end of the African Union Conference of Ministers for Drug Control and Crime Prevention) imposed a mandatory death sentence on offenders found with more than 250 grams of heroin or cocaine (characterized as “possession for the purpose of drug trafficking”). Before the amendment, the sentence for this offense had been a minimum of10 years’ imprisonment. Capital drug trafficking offenses contravene Article 18 of the Gambia Constitution, which prohibits the death penalty for offenses not resulting in death, and or this reason the Drugs Control Act was again amended in April 2011 in order to replace the death penalty with life imprisonment.

The October 2010 amendment to the Trafficking in Persons Act increased the mandatory minimum sentence for trafficking to 50 years (from 5 years), and made “grave” forms of trafficking (resulting in the rape or the death of the victim or where the victim is a child) a capital offense. It seems that capital trafficking offenses were abolished in April 2011, but we were unable to ascertain whether trafficking resulting in death, the only constitutionally permissible capital offense of the original amendment, remains a capital offense after the 2011 amendment. However, we think it unlikely.

We do not know whether the President signed and enacted the October 2010 bill as it related to the proposed creation of capital forms of rape and armed robbery. At the time capital punishment was abolished for drug offenses and trafficking, the Criminal Code was also amended, but the nature of those amendments is unclear. We think it unlikely in light of the other amendments that armed robbery or rape are death eligible. Application of the death penalty for crimes not resulting in death is an explicit textual violation of Gambia’s Constitution.

The language of the Criminal Code distinguishes between offenses that “shall” be punished by death, and those that are “liable” to be punished by death. This interpretation is confirmed by a lecture delivered by Chief Justice Akomaye Agim on the topic of sentencing, during which he evokes offenses that are punished by a mandatory death sentence and the court has no discretion in imposing a sentence. Moreover in a July 2010 murder case, the High Court ruled that the lower court had no sentencing discretion and that the death penalty was mandatory. We therefore conclude that Gambia has a mandatory death penalty, even though Hood & Hoyle do not list Gambia as applying the mandatory death penalty.

Murder.

The language of the Criminal Code indicates that murder is punished by a mandatory death penalty. This is confirmed by the case law that we found. In a July 2010 murder case, the High Court ruled that the lower court had no sentencing discretion and that the death penalty was mandatory. The Supreme Court similarly stated that the death penalty is a mandatory sentence for murder.

Treason.

The language of the Criminal Code indicates that the mandatory death penalty applies to treason if it involved killing or attempting to kill a member of government or any citizen with a view to overthrowing the government or coercing any citizen to withdraw his or her support from the government. Moreover, prior to 1993, the death penalty was considered mandatory for treason, and the Death Penalty (Restoration) Act of 1995 restored the death penalty provisions as they existed before the death penalty’s temporary abolition in 1993. We therefore disagree with commentators who believe murder is the only offense for which capital punishment is mandatory.

Where there was no killing or attempt to kill, the sentence for treason may be either death or life imprisonment. The imposition of the death penalty for treason involving an attempt to kill but not resulting in death is a violation of Article 18 of the Gambian Constitution, which prohibits capital punishment for offenses not resulting in death.

Comments.

For a brief period from October 2010 to April 2011, drug trafficking was punished with the mandatory death penalty for heroin and cocaine amounts over 250 grams. The death penalty for drug offenses was abolished in April 2011 due to concerns over its constitutionality. There were no convictions during the period when certain drug offenses were punished by death.

Individuals Below Age 18 at Time of Crime.

A person who was below the age of 18 at the time of the commission of the crime is not sentenced to death. In lieu of a death sentence, the President orders a term of imprisonment of a duration that he chooses.

Moreover, section 204 of the Childrens’ Act provides that a child shall not be subjected to the criminal justice process or to criminal sanctions for adults, but will instead be subjected only to the rules of the child justice system. The same Act prohibits both death sentences and prison sentences on children, but notes that a discretionary period of detention may be ordered on a child defendant convicted of murder, manslaughter, treason, robbery, or assault with intent to cause grievous harm.

This is in accordance with Gambia’s international obligations as a state party to the ICCPR, the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, which prohibit the execution of individuals for crimes committed prior to attaining the age of 18. Moreover, Gambia’s Constitution requires that national legislation comply with Gambia’s international obligations, so that any juvenile execution would contravene domestic law as well.

Pregnant Women.

Under Gambia’s Criminal Code, a pregnant woman convicted of a death-eligible offense is sentenced to imprisonment for life. Upon a death-sentenced woman’s allegation of pregnancy or upon the court’s own initiative, the trial judge will examine evidence with regard to pregnancy before sentencing. The woman alleging pregnancy has the burden of proof.

This is in accordance with Gambia’s international obligations as a party to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, which prohibits the execution of pregnant women under Article 4(g).

Women With Small Children.

While we did not find any legislative provisions excluding women with small children from the death penalty, Gambia’s Constitution may limit its legislation in accordance with Gambia’s international obligations, and Gambia has acceded to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, which prohibits the execution of nursing women under Article 4(g)."

Mentally Ill.

A person found guilty of murder and found to be “suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind, or any inherent causes or induced by disease or injury) as substantially impaired his or her mental responsibility for his or her acts and omissions in doing or being a party to the murder” is not sentenced to death but detained “during the President’s pleasure.” The burden of proving “abnormality of mind” lies with the defendant. A defendant convicted of murder with diminished responsibility is treated like a person under the age of 18, and the president determines his or her sentence based on the trial record and recommendations by the presiding judge.

Generally, a person is not criminally responsible for an offense if at the time it was committed, he was “through any disease affecting his or her mind incapable of understanding what he or she is doing, or of knowing that he or she ought not to do the act of make the omission.”

However, there are reports that in August 2012, Gambia executed a man with a decade-long history of serious mental illness.

Intellectually Disabled.

A person found guilty of murder and found to be “suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind, or any inherent causes or induced by disease or injury) as substantially impaired his or her mental responsibility for his or her acts and omissions in doing or being a party to the murder” is not sentenced to death but detained “during the President’s pleasure.” The burden of proving “abnormality of mind” lies with the defendant. A defendant convicted of murder with diminished responsibility is treated like a person under the age of 18, and the president determines his or her sentence based on the trial record and recommendations by the presiding judge.

Generally, a person is not criminally responsible for an offense if at the time it was committed, he was “through any disease affecting his or her mind incapable of understanding what he or she is doing, or of knowing that he or she ought not to do the act of make the omission.”

Murder.

Six of the nine people executed in August 2012 were sentenced for murder. Tabara Samba, a Senegalese woman, was convicted in September 2007 for murdering her reportedly abusive husband. Her appeal was rejected. Buba Yabo, who suffered from serious mental illness, was sentenced in November 2010 for killing his mother. Dawda Bojang was convicted of murdering a British national in July 2010, and was sentenced to death after appealing his life sentence. Malang Sonko was convicted of murder in January 2012. He filed no appeal. Lamin Darboe was convicted in 1986 of murdering a Mauritanian national. One appeal was rejected in 1988, and there are reports that another appeal was still pending at the time of his execution. Gibril Bah, a Senegalese national, was convicted of murder in January 2004. His appeal was dismissed.

Treason.

Three of the 9 people executed in August 2012 were sentenced for treason. Ex-Lieutenant Lamin Jarjou, Ex- Sergeant alias Ex Lt. Alieu Bah and Ex-Sergeant Lamin F Jammeh were convicted of treason and murder in 1998 for their attack on the Kartong military barracks in 1997. Their appeal was rejected.

In two 1993 cases, Cham v. The State and Williams v. The State, the Court of Appeal overturned the convictions and death sentences of the appellants on the grounds that the trial judges failed to properly consider the defendants’ unchallenged evidence that they acted out of self-defense.

In Momodou Jove v. Alhaji Dandi Njie, the Supreme Court of The Gambia ruled that courts must provide reasons when exercising discretion. In a recently delivered judicial training lecture, Chief Justice Akomaye Agim reiterated the importance of this principle in the sentencing context: “The exercise of any discretion must be founded on some reasons. It is only on the basis of such expressed reasons that the exercise of discretion can be assessed. An exercise of discretion not based on any reason cannot be judicious and therefore cannot be proper.” The ruling should be understood in a context where sentencing procedure is left relatively unregulated by the Criminal Procedure Code and court practice tends towards summary proceedings.

Article 216 suggests that the National Assembly must legislate in accordance with Gambia’s international human rights obligations. The constitution states that in pursuing “policies to protect the rights and freedoms of the disabled, the aged, children and other vulnerable members of society … to ensure that such persons are provided just and equitable social opportunities,” Gambia “shall be bound by the fundamental rights and freedoms in the Constitution and shall be guided by international human rights instruments to which The Gambia is a signatory and which recognise and apply particular categories of basic human rights to development processes.”

Article 219 provides that Gambia “shall endeavour to ensure that in international relations it…fosters respect for international law, treaty obligations and the settlement of international disputes by peaceful means; and …is guided by the principle and goals of international and regional organisations of which The Gambia is a signatory.”

In 2004, the Human Rights Committee expressed concern that Gambia’s laws did not clearly provide that individuals cannot be executed for crimes committed while under the age of 18. The Committee also expressed concern that the death penalty in Gambia was not clearly restricted to the most serious crimes in accordance with Article 6(2) of the ICCPR. The Committee requested that Gambia provide a detailed description of which crimes are punishable by death, the number of death sentences handed down since 1995, and the number of people on death row. Gambia’s last report to the Human Rights Committee has been due since 1985.

Members of the Human Rights Council recommended in 2010 that Gambia not carry out public executions, institute a moratorium on executions, implement the constitutionally required review of the death penalty, abolish the death penalty, and sign and ratify the Second Optional Protocol to the ICCPR. In response to these recommendations, Gambia stated in June 2010 that there had already been a moratorium on the death penalty since 2005, that all prisoners sentenced to death were serving life sentences and that none had been executed. Gambia added that it did not intend to abolish the death penalty any time soon, and that the death penalty was reserved for “very serious crimes only, with adequate guarantees for the application of due process.”

Article 24(3) of the Constitution provides that every person charged with a criminal offense “shall be given adequate time and facilities for the preparation of his or her defense” and shall be allowed to defend himself with a legal representative of his choice. Moreover, where a person is charged with a death-punishable offense, “that person shall be entitled to legal aid at the expense of the State.”

The U.S. Department of State reports that Gambia extends the right to representation at the state’s expense to all indigents facing murder or manslaughter charges, but Amnesty International reports that the government does not inform some individuals of their legal rights. The International Bar Association reports that the legal aid system functions for offenses carrying capital or life sentences.

Although there is constitutionally-guaranteed funding of representation for indigent prisoners facing capital charges, we do not know whether this extends to the appeals process.

In 2006, the Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy, expressed concerns that individuals facing treason charges would not be adequately represented. They had been denied meetings with attorneys, a majority of defense lawyers had withdrawn from representation, and it was expected that obtaining adequate representation would be difficult due to the high profile, politically sensitive nature of the 2006 treason case. In 2006, Amnesty documented a case where 15 people (including members of the military and civilians) were charged with treason, a capital offense, and were detained in solitary confinement at Mile 2 Prison without being granted access to lawyers.

Even when the court orders that the defendant have unfettered access to counsel, the right to legal representation is not guaranteed. We have found reports of at least one case where the executive did not comply with the court’s order to allow a defendant to communicate to her attorney for seven days because it would have impeded continuing investigations against her.

The availability of legal aid is jeopardized by a shortage of lawyers. There are only around 130 admitted lawyers in Gambia, and all save 40-50 practice in Banjul, the capital.

The International Bar Association reported in 2006 that there was “extreme tension between the government and the private bar, in particular the GBA. This appears to stem from the fact that the government perceives lawyers who litigate against the government on behalf of political opponents or in politically sensitive cases, as being politically-motivated themselves. There is a clear inability to disassociate lawyers from the causes of their clients in this respect.” The IBA also reported incidents of harrassment, threat and attacks on lawyers – some of themm near fatal. As a result, many lawyers are reluctant to accept politically sensitive cases, which include capital treason cases.

Subsidiary courts of the first class only (not of the second or third class) may try any death-eligible offense except treason. Treason must be tried by the High Court. After issuing a death sentence, a court must inform the defendant of the period within which he or she must appeal. The High Court has supervisory jurisdiction over all lower courts. Appeals to the High Court may be on matters of law and on matters of fact, and must be filed within 30 days. Appeal lies as of right to the Court of Appeal against any decision of the High Court and by leave of the court against any decision of a Court Martial. Appeals to the Court of Appeal are on matters of law (not including severity of sentence) or matters of mixed law and fact, and must be filed within 10 days. The Court of Appeal may refuse to review a judgment, even if it believes a point of appeal may be settled in favor of the appellant, if it considers that no “substantial miscarriage of justice” occurred. The Supreme Court is the final court of appeal and settles matters of law for all courts. Appeals are as of right to the Supreme Court if the Court of Appeal has dismissed an appeal against the sentence of death.

A Special Criminal Court established by the Constitution apparently has been assigned expanded jurisdiction under Article 136. While the Special Criminal Court was mandated by the constitution to judge “criminal offences relating to theft, misappropriation and other similar offences in which public funds and public property are affected,” it has been known to hear cases of treason, which are death-eligible. This court might be considered inferior to the High Court, but we are not certain which court would hear the immediate appeal of a sentence pronounced by the Special Criminal Court.

A Committee on the Exercise of the Prerogative of Mercy, consisting of the Attorney General and three other persons appointed by the President in consultation with the National Assembly, advises the President on clemency. The President, after consultation, may grant a pardon free or subject to lawful conditions or commute or stay execution of a sentence.

In application of these constitutional provisions, the Criminal Procedure Code provides that following the issuance of a death sentence, the President is to receive the trial record together with the notes, recommendations and observations of the trial judge and the Minister of Justice, and the President is then to “make such orders as may be requisite.” The Minister of Justice then sends the presidential order to the trial judge, who enters it into the record. The orders which the President can issue are a death warrant, a commutation order or a pardon. We assume that if a death warrant is issued, it is subject to the appeals process, but the legislative text does not make this explicit.

Juries are not used.

Gambia’s criminal justice system is neither fair nor transparent when it comes to political opponents or those perceived to be opponents. In 2008, in a report entitled “Gambia Fears,” Amnesty International documented numerous instances of human rights violations (including unlawful detention, torture while in detention, unfair trials, enforced disappearance and extrajudicial executions) being perpetrated against by the National Intelligence Agency (NIA), army and police against real and perceived opponents of the government on a routine basis. In its 2012 annual report, Amnesty stated that unlawful detention, enforced disappearances and torture continue to be practiced. Human rights defenders, including lawyers and journalists, are among those unlawfully detained. The U.S. State Department also reports that government agents carry out unlawful killings. At least 30 political prisoners were held at the end of 2011. Some had been held incommunicado for long periods (up to 3 or 4 years) in the security wing of Mile 2 Prison. Most were former military personnel accused of involvement in plots to overthrow the government.

Due process is not always respected. Individuals may be arrested without a warrant and detained without charge for periods exceeding the 72-hour period mandated by law. Detainees are also reportedly not properly informed of the charges against them.

There are also serious concerns about the absence of judicial impartiality. Following a fact-finding mission which took place in June 2006, the International Bar Association concluded that “[the] judicial system in the Gambia suffers from neglect, under-investment, and a severe lack of resources and infrastructure, resulting from a general deprioritisation of its importance.” Of particular concern was the impact of Gambia’s policy of hiring most of its judges from other African common law countries on fixed two-year contracts which the government may or may not choose to renew, a system under which there is no security of tenure. At the time of the report, only 3 judges in the country were Gambian (the Chief Justice, one Supreme Court judge and one of the 6 high court judges). In at least one documented case, a foreign judge who had been pre-approved to have her contract renewed was not invited to stay after she delivered a dissenting judgment in favor of defendants accused of seditious libel. In April 2010, High Court judge Moses Richards was dismissed without explanation amid reports he criticized the domination of the bench by Nigerian judges and magistrates. In December 2010 Richards, who had gone into private legal practice, was arrested, denied bail, and charged with sedition. In September 2011, he was sentenced to two years’ imprisonment with hard labor. Richards was later released after being granted a presidential pardon. The International Bar Association has also expressed concern that the judges allowed to pronounce death sentences do not always have the appropriate qualifications. Finally, the IBA noted that the remuneration of judges was a fraction of what lawyers earn in private practice and thus inadequate to attract suitably qualified persons and make judges less susceptible to corrupt practices.

Moreover, the executive reportedly places pressure on the judiciary, for instance via members of the police or intelligence agency calling judges to discuss pending matters out of court, or veiled threats uttered by the President himself during a judicial appointment ceremony.

The International Bar Association also reported that the executive frequently delays or ignores the less politically popular orders issued by the judiciary, or wait for orders from “above.” The report states that “There is widespread frustration both amongst members of the legal profession and the judiciary with this situation and at the failure to bring contempt proceedings to ensure compliance with court orders.”

In its 2006 report, the International Bar Association also noted a severe lack of infrastructure and resources in the Gambian justice system, both in terms of personnel and materials, including a lack of court reporters, research facilities and continuting proffesional development. The report also deplored the lack of case reporters since 2001, but this problem seems to have been in some measure addressed since case law reporters are currently available until 2008.

Finally, there are some concerns about the courts’ sentencing practices. In a recently delivered lecture, Chief Justice Akomaye Agim deplored the brevity of post-conviction hearings allowing for the consideration of mitigating factors prior to sentencing. He noted: “There is nothing in the Criminal Procedure Code or any other statute or law prescribing any particular procedure to be followed by the Courts during sentencing in a criminal trial. The prevalent practice of the Courts is that upon convicting of an accused, the court will ask the convict or the counsel if he or she has something to say to mitigate the punishment to follow. This is usually called allocutus or plea for mercy. Following the allocutus, the court proceed [sic] to pronounce the sentence. Few courts ask the prosecution for any previous criminal record of the convict before sentence. There is scarcely any post conviction hearing beyond the allocutus. Very little time is spent on this very sensitive stage of the criminal process. More attention is paid to the investigative and trial stage and little or no attention is paid to the sentencing stage.”

The judicial system recognizes traditional and sharia law in matters of family law (including marriage, divorce, and inheritance). Traditional and sharia law do not apply to criminal matters.

Death-sentenced prisoners are held at Mile Two State Central Prison located near the capital city, Banjul.

Conditions for prisoners held under sentence of death are believed to be appalling, and serious failures have occurred at Mile Two prison where death-sentenced inmates are imprisoned. In prisons generally, prison cells are overcrowded, damp, and poorly ventilated. Inmates complain of poor sanitation and food and occasionally sleep on the floor. Detainees are allowed to receive food from outside prior to conviction, but not afterwards. Medical facilities in prisons are poor, and lighting in some cells is poor. During the summer months temperatures are extremely high, and there are no ceiling fans or other measures to reduce heat. Amnesty reports that “[t]he harsh conditions of detention in Mile 2 Central Prison – overcrowding, poor sanitary conditions and inadequate food – constituted cruel, inhuman and degrading treatment.” The U.S. Department of State’s 2009 Human Rights Report states that prisoners died at Mile Two as a result of poor food and inadequate medical care. Information in the Department’s report suggests the deaths were due to incidents involving adulterated meat and an inadequate medical response. In August 2012, a local NGO reported another death at Mile Two as a result of “appalling conditions of detention and poor health care.” In late October 2011, inmates in the security wing of Mile 2 Prison (which might include death row inmates) went on a hunger strike to protest overcrowding, poor hygienic conditions, poor nutrition and medical care, and restriction of access to visitors including lawyers. Pretrial detainees are sometimes held with convicted prisoners.

On August 23, 2012, Gambia executed nine prisoners in one day without giving the inmates, their families or lawyers any advance warning that the executions would take place. President Jammeh announced that he planned to execute the remaining 38 prisoners on death row by mid-September. Security has been increased since executions resumed, and the families of those remaining on death row have been unable to access the prisons or communicate with the inmates, who are at risk of imminent execution. The Maximum Security is on lock-down for 20 hours a day.

Yes.

According to Civil Society Associations Gambia, there are two Nigerians, two Malians, one Guinea-Bissau national, and one Senegalese national currently on death row. Media articles also report that there is one Lebanese man and one Guinean man on deaht row. The Guinean was sentenced to death for murder in 2007. The Lebanese businessman, a resident in Gambia, was sentenced to death in 2010 on treason charges, and his appeal was dismissed in 2012.

As of September 2012, we think that there are no women on death row. One woman Tabara Samba, a Senegalese national, was executed on August 23, 2012.

We did not find reports during our research that Gambia has recently sentenced individuals to death for crimes committed while under the age of 18. In 2004, the Human Rights Committee expressed concern that Gambian law did not exclude juveniles from execution. However, Gambian law currently excludes capital punishment for prisoners who were under the age of 18 at the time the offense was committed, so these concerns might well be outdated.

We did not find reports on the racial or ethnic composition on death row in Gambia.

Gambia is moving toward abolition, despite its current classification as a retentionist country for executions carried out in 2012. On May 7, 2019, the President commuted the sentences of all 22 people on death row to life imprisonment. The Attorney General and Minister of Justice said, in relation to the commutations, that the government of Gambia is committed to removing the death penalty from domestic laws. Previously, on September 20, 2017, Gambia signed the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming for the abolition of the death penalty. It ratified the Second Optional Protocol on September 28, 2018.

Gambia’s previous record of supporting international efforts to denounce the death penalty has been inconsistent. In its voting history on the UN General Assembly Moratorium resolutions, Gambia was not present for the vote or abstained from voting in all years except in 2010 when it voted in favor, which its delegate attributed to mistake. It signed the Note Verbale of dissociation from the resolution only once, in 2008.

In August 2012, Gambia shocked the international community when President Jammeh announced that all death row inmates would be executed by mid-September. This was followed by the execution of nine prisoners on August 23 by firing squad, including two Senegalese nationals, one of whom was a woman. Three were former military officers who had been convicted of treason. The prisoners were executed without prior notification to them, their families, their legal representatives, or to the authorities of Senegal. Though human rights organizations learned of the executions on 24 August, the government only confirmed the executions on 27 August and insisted that the executions had taken place on August 26. The previous execution before this was in 1985, the first since independence in 1965.

In 2012, the government reintroduced a moratorium on the death penalty, but in 2015, President Jammeh stated that it would be abolished. However, in 2018, President Adama Barrow announced that the death penalty moratorium would be reinstated. The country’s ratification of the Second Optional Protocol means that Gambia should harmonize domestic law to fully abolish the death penalty in its laws.

(This question was last updated on May 10, 2019.).

None.

None.

The Gambia Law Reports may be downloaded on the website of the Judiciary of the Gambia. The website currently makes available the law reports from 1960 to 1993 and from 1993 to 2002: http://www.gov.gm/judiciary/index.php?option=com_content&view=article&id=6&Itemid=32. The website also makes available unreported judgments (http://www.gov.gm/judiciary/index.php?option=com_content&view=article&id=20&Itemid=33) and the Gambia Sharia Law Report (http://www.gov.gm/judiciary/index.php?option=com_content&view=article&id=32&Itemid=46).

The laws of Gambia are collected in the Laws of Gambia, which was most recently reviewed in 2009. The Judiciary of the Gambia website also provides access to some national legislation at: http://www.gov.gm/judiciary/index.php?option=com_content&view=article&id=17&Itemid=24.

Hon. Emmanuel Akomaye Agim, Chief Justice, The Principles and Practices of Sentencing in The Gambia, Judicial Lecture presented at the training session organized for the magistrates and CADI’s, Judiciary of The Gambia, http://www.gov.gm/judiciary/images/Publication/the%20principles%20and%20practice%20of%20sentencing%20in%20the%20gambia%20agim.pdf, Apr. 17, 2012.

Amnesty International, Gambia: Fear Rules, AFR 27/003/2008, Nov. 11, 2008.

Intl. Bar Association Human Rights Institute, Under Pressure: a report on the rule of law in the Gambia, http://www.ibanet.org/Human_Rights_Institute/HRI_Publications/Country_reports.aspx#2005, Aug. 2006.

None.