HOW TO FIGHT IMPUNITY WHERE COURTS ARE INDEPENDENT

Section 37 of the Constitution states that whenever a fundamental
right is believed to be violated, a person, who is aggrieved, or if in
prison, a concerned next of kin could take the matter before the high
court for redress.There have been many reports of detention without trial and Foroyaa
has been consistently reporting on those matters.
Some people have questioned what could be gained in such exposures of
detention without trial in the media. Many family members however are
inspired by the fact that exposures and public solidarity are what
aggrieved persons always need to console them.
However, it is not enough just to expose injustice. Institutions must
exist under a republican constitution to contain and redress abuse of
rights.
Many people had hesitated in the past to take up matters of this
nature at the high court with the belief that the courts are under the
tutelage of the executive.
Justice Basiru Mahoney’s recent decision in ordering the release from
detention of Imam Sawaneh of Kanifing South, just like the decision of
former Justice Mam Yassin Sey’s in the case of Dumo Saho, will begin
to give new hope to the aggrieved that they could resort to the court
for protection.
Section 17 urges all arms of the state especially the executive and
its agents to assist the courts to deliver and implement unalloyed
justice.