PUBLIC STATEMENT 26th August 2025
The Edward Francis Small Centre for Rights and Justice strongly condemns the denial of bail to political prisoners and the violent use of tear gas against peaceful protesters at the Kanifing Magistrates Court on Monday 25 August 2025. These acts constitute a grave assault on the fundamental rights to liberty, freedom of assembly, and freedom of expression as guaranteed under the Constitution of The Gambia and international human rights law.
The denial of bail for individuals detained solely for exercising their political and civic rights amounts to arbitrary detention and signals a dangerous trend of criminalising dissent. Bail is a fundamental legal right enshrined in our Constitution and laws, and its arbitrary denial constitutes a clear violation of due process and a disregard for the rule of law.
By refusing bail without just cause, the magistrate has not only infringed upon the rights of the accused but also undermined the independence and integrity of the Judiciary. Such actions erode public confidence in the justice system and give credence to fears that the courts are being used as instruments of political repression rather than guardians of justice.
EFSCRJ stresses that respect for bail rights is an essential safeguard against arbitrary detention. It ensures that justice is administered fairly and that the courts are seen as impartial arbiters of the law. Any departure from this principle represents a dangerous step towards democratic backsliding in The Gambia. We urge the Judiciary to uphold its duty to protect rights, ensure fairness, and preserve the rule of law.
The use of excessive force by security forces against citizens peacefully demanding accountability further illustrates the shrinking democratic space in our country. Tear gas, a chemical agent banned in international warfare, should never be weaponized against unarmed civilians in a democratic society. EFSCRJ therefore condemns in the strongest terms the indiscriminate use of tear gas by police officers against peaceful protesters at a public place. Such conduct reflects not only police brutality but also a blatant disregard for the law and the rights of citizens. Its indiscriminate use is a manifestation of State violence against citizens and signals the normalization of repressive tactics that have no place in a democratic society.
This excessive force undermines public trust in the security services and raises legitimate questions as to the commitment to and the effectiveness of the ongoing security sector reforms (SSR). EFSCRJ demands that those responsible for authorizing and carrying out this brutality be held accountable and calls on the State to immediately cease the use of violent and unlawful measures against peaceful citizens.
EFSCRJ also strongly condemns the arrest of leaders of Gambians Against Looted Assets (GALA) alongside more peaceful protesters. These arrests represent yet another attempt to silence citizens who are legitimately exercising their constitutional rights to freedom of expression and peaceful assembly.
The detention of GALA leaders and protesters is unjust, unlawful, and an assault on democracy. It reflects a dangerous and continuous pattern of repression, police brutality, and the use of State power to suppress dissenting voices. Instead of engaging citizens and addressing their concerns over corruption and accountability, the State has chosen the path of intimidation and unlawful detention.
EFSCRJ demands the immediate and unconditional release of all those arrested and calls on the Government of The Gambia to respect the rule of law, protect civic freedoms, and end the persecution of citizens who stand for justice and accountability. The democratic gains of the Gambian people cannot be traded for repression and impunity.
EFSCRJ is deeply alarmed by these developments, which point to a broader pattern of democratic backsliding in The Gambia. The increasing intolerance for dissent, coupled with the instrumentalization of law enforcement and the Judiciary to suppress dissent and protest, undermines the rule of law and the principles of accountability. At the same time, pervasive corruption within State institutions continues unchecked and rewarded thereby eroding public trust. Our democratic transition is being reversed in favour of authoritarian practices.
We therefore call on the Government of The Gambia to:
1. Immediately and unconditionally release all political prisoners and grant bail in line with the law.
2. End the excessive use of force by security agencies against peaceful protesters and hold accountable those responsible for abuses.
3. Uphold constitutional guarantees for freedom of expression, assembly, and due process.
4. Take concrete steps to fight corruption and strengthen democratic institutions to safeguard the rule of law.
Similarly, we call on:
1. The International Community which has invested immense resources and efforts in support of democratisation in the Gambia to stand firm to remind the Government of its utmost duty to uphold its international obligations in full.
2. The political parties and the civil society to realize the dangerous trajectory of the country and assume their rightful duties to prevent any form of democratic backsliding but ensure that the Government upholds the laws of the land and submit itself unconditionally to public scrutiny by peaceful means.
The hard-won democratic gains of 2016 must not be betrayed. The people of The Gambia deserve a government that respects their rights, ensures justice, and serves with integrity. EFSCRJ remains committed to defending the principles of democracy, human rights, and justice for all.
2025 – The Year of Transparency and Accountability
