86/93 M. S. Ceesay vs. The Gambia

The Facts

1.         The complainant was a Corporal in the Gambia National Army and was on 14 June 1991 according to the complainant randomly selected as one of seven men to see the Com­mander in order to discuss problems of the Contin­gent. When the seven men had gathered they were immediately surrounded by armed person­nel who attempted to arrest them. They managed to flee to the State House but were arrested, subsequently suspended and discharged allegedly because of state mutiny but without charge or trial.

2.         According to the Attorney General Mr. Ceesay and others were marching in the streets protesting because of lack of payment. The protesters were disrupting the peace and were charged with mutiny. A Commission of Enquiry was set up to decide on the cases and the mutineers were eventually dismissed, the most inferior sanction available against mutiny.

Complaint

3.         The complainant asks the Commission to order rein­statement or to compel the Gambian authorities to issue the complainant with a certificate of discharge.

Decision

4.         The Government notified the Commission that the complainant had not had recourse to the local remedies. At its 16^th session the Commission declared the communication inadmissible.