The Gambia Government says it will amend domestic legislation to allow for persons to be charged with torture.

The government statement was made after accepting recommendations from the Truth, Reconciliation and Reparations Commission (TRRC) to incorporate into the statute books the crime of torture. 

“The Government accepts the recommendation of the Commission. Although there is currently no statutory provision to charge any individual for the crime of torture, international law can be used as a basis to bring charges for torture.

“Following the decision of the Supreme Court in the Yankuba Touray case on immunity protection for acts performed as part of the AFPRC junta the Government intends to amend domestic legislation to allow for persons to be charged with torture,” the government said.

“Additionally, the Prevention of Torture Bill is before the National Assembly for adoption and when enacted will provide a legal framework that specifically punish acts of torture. Persons subjected to detention have rights that must be respected.

“Any place designated as a detention facility should meet standards required by relevant laws and international instruments to which The Gambia is a party. The government should put in place procedures for designating a place as a detention centre,” the government added.

“The Government accepts the recommendation of the Commission. The reform of places of detention forms part of the legislative and institutional reforms that the government is undertaking to ensure detention does not equate to a violation of human rights.

“Following a review of the Prisons Act 1953, the government intends to amend this law relating to the custody of prisoners and regulating prisons to bring the law in line with international standards. 

“Furthermore, following the Rapid Assessment on the Prisons, a strategy will be developed for a comprehensive reform of the prison system to ensure conditions in such places are in line with minimum international standards,” it continued.

Reporting by Adama Makasuba