Justice Jaiteh of the High Court of Banjul has ruled in favor of Kumba Sinyan, declaring her detention in the convict wing of Mile 2 Central Prisons unlawful and a violation of her constitutional rights.
Kumba Sinyan, represented by her legal counsel, Sagarr C.T. Twum, filed a motion on December 5, 2024, seeking a declaration that her imprisonment in the convict section of the Female Wing of Mile 2 Central Prisons was unconstitutional. She also requested any other orders the Court deemed appropriate.
The motion argued that her transfer violated Section 36(2)(a) of the Prisons Act, which mandates the separation of remand prisoners from convicted criminals. The motion was supported by an affidavit comprising five paragraphs and a series of exhibits marked “ACJ 1 to 7.” The State opposed the motion, submitting an opposing affidavit containing 21 paragraphs on December 6, 2024, followed by an additional document marked “R1” on January 19, 2025.
Kumba Sinyan’s counsel filed a reply affidavit with 19 paragraphs, while the State submitted a further opposing affidavit with eight paragraphs and three documents marked K1, K2, and K3.
During oral arguments, Counsel Sagarr challenged her client’s imprisonment in the convict section, asserting that remand prisoners must be housed separately from convicted individuals. She argued that prison authorities lacked the legal authority to change the status of a remand prisoner without a court order.
State Counsel M. Sanyang countered that the transfer was necessary to alleviate overcrowding in the remand section and followed appropriate legal procedures. She cited provisions in the Prisons Act and the Constitution, adding that Kumba Sinyan had engaged in altercations and violated prison rules.
Counsel Sagarr further argued that Kumba was not granted a fair hearing before the transfer, contending that the prison system’s internal disciplinary process was flawed. She also questioned the authenticity of prison records, specifically Exhibit R1, which documented the charges and transfer decision. She pointed out inconsistencies, missing signatures, and alterations that suggested an attempt to justify the unlawful transfer.
Justice Jaiteh, in his ruling, examined the legal framework governing the Criminal Procedure Code and the Prisons Act, both of which mandate the clear separation of remand and convicted prisoners. He emphasized the need to determine whether Kumba’s constitutional rights were violated due to the transfer and whether the prison authorities acted within their legal powers.
The court found that Kumba Sinyan had been charged with murder, a non-bailable offence, and was initially held in the remand section. However, she was later transferred to the convict section, allegedly as a punitive measure or due to overcrowding. Justice Jaiteh noted that this action violated Section 36(2)(a) of the Prisons Act and her constitutional rights under Sections 19 and 24(3) of the 1997 Constitution, which guarantee the right to liberty and a fair hearing. International legal instruments also reinforce these rights.
Upon reviewing Exhibit R1, Justice Jaiteh identified discrepancies that raised serious concerns about the prison system’s record-keeping and the potential abuse of authority. He criticized the prison authorities for their blatant disregard for due process and fundamental human rights. He further highlighted that Kumba was not afforded a fair hearing before disciplinary action was taken against her, violating her right to procedural fairness.
Justice Jaiteh ruled that imprisoning Kumba Sinyan in the convict section as a remand prisoner was unlawful. He emphasized that the action contradicted the constitutional principle of the presumption of innocence and the mandatory separation of remand and convicted prisoners. He condemned the systemic failures of the prison authorities and underscored the need for reform.
As part of his ruling, Justice Jaiteh recommended that the Gambia Prison Service align its disciplinary procedures with international best practices, specifically the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). He also called for human rights training for prison officials and the establishment of independent oversight bodies to monitor prison administration and investigate allegations of abuse.
Justice Jaiteh ordered that the ruling be served to the Attorney General, the Minister of Justice, the Minister of Interior, the Inspector General of Police, and the Director General of Prisons to ensure compliance and prevent future violations.