Case law note: United Democratic Party (UDP) et al. V. The Republic of Gambia (judgement no: ecw/ccj/jud/01/20)

Case law note on the judgment JUDGEMENT NO: ECW/CCJ/JUD/01/20 of the ECOWAS Court of Justice. This judgement was filed by 32 Applicants against the State of Gambia, including the United Democratic Party (UDP) on the behalf of Ebrima Solo Sandeng, National Organising Secretary of the party, who died in prison on 16th April 2016. All Applicants are members of the UDP and were arrested during peaceful protests on 14th April 2016, detained and severely tortured by the State. Ebrima Solo Sandeng died while in custody under unknown circumstances, presumably by injuries inflicted by torture. The Applicants claim that even during the peaceful protest the police used more force than necessary and some of the persons arrested were brought in the maximum security prison without remand warrant, while others were taken to the National Intelligence Agency Headquarters in Banjul. the Applicants demanded to the ECOWAS Court of Justice to declare, inter alia, the incompatibility of Section 5 of the Gambian Public Order Act with Article 11 of the African Charter on Human and People’s Rights (ACHPR); the violation of Articles 4, 7 and 11 of the ACHPR in relation to the arrest, detention, charge, purported trial and imprisonment of the Applicants for offences under the Public Order Act; a violation of Articles 4 and 5 of the ACHPR for torture and/or cruel, inhuman and degrading treatment of the Applicants perpetrated by the Respondent and torture to death; and that the extra judicial killing of Ebrima Solo Sandeng in circumstances admitted by the Respondent amounted to violation of Article 4 of African Charter on Human and People’s Right.