The Gambia Ombudsman has made great strides as far as its mandate to visit prisons, police cells and detention centres and the execution of assets declaration are concerned.
Section 3(1) (b) of the Ombudsman Act empowers the Ombudsman to conduct investigations concerning the functioning of the prisons service in so far as the complaints relate to the failure to achieve a balance structuring of the service or equal access by all to that recruitment of the service or fair administration in relation to the service.
The Act also empowers the Ombudsman to investigate complaints of injustice, corruption, abuse of power, unfair treatment against any person.
Section 11(2) of the Act also states that “where a prisoner or any person held in custody in any institution makes an allegation or complaint to the Ombudsman, such allegation or complaints shall not be made through or subject to the scrutiny of any other person”
The Ombudsman was unable to execute the above functions since its inception in 1999 due to the lack of political will. However, with the coming of the new government the Ombudsman has been granted unrestricted access to prisons and police cells and all detention centres. In this vein the Office has been visiting police cells and a number of 23 police cells and 3 immigration detention centres have been visited. In the same vein, the Ombudsman and team visited the main prison at Mile Two and visited all cells, including the kitchen and clinic, food stores, and interviewed prisoners. Administration records were also investigated. The same procedures were done at police cells .Visits to the Jeshwang Prison has started.
The Ombudsman also met with the director general of prisons and some staff and discussed with them key issues concerning the Ombudsman’s visit to the prisons. The report when completed will be circulated to all relevant stakeholders.
The Office is also planning to hold a workshop to sensitize the key stakeholders including the media on recent activities of the Office particularly on assets declaration and human rights issues.
The process of visiting detention centres, police cells and prisons will continue throughout 2018 in a bid to visit all police cells and prisons in the country to ensure that the conditions are up to international standards and that human rights protocols are observed.
Section 223 of the 1997 Constitution of the Gambia directs all public officers to submit to the Ombudsman a written declaration of all property and assets owned by them and of liabilities owed by them whether directly or indirectly every two years and on ceasing to hold office.
All ministers have declared their assets to the Ombudsman as directed by His Excellency the President and all senior officers in the positions of permanent secretaries, deputy permanents secretaries, managing directors and director generals have been written to, to declare their assets as stated in chapter XXI section 223 of the 1997 Constitution of Republic of the Gambia.
Preceding the visits to prisons and police cells/detention centres all security organs were invited to a workshop in which they were sensitized to the role and functions of the Ombudsman. The various security Acts were also presented and discussed with participants.