THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS &
INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
Democracy and Electoral Assistance (IDEA), and the Institute for Human Rights and Development in Africa
(IHRDA) among others. This training will be a continuing exercise.
ARTICLE 26: DUTY TO GUARANTEE INDEPENDENCE OF COURTS
State Parties to the present Charter shall have the duty to guarantee the independence of the
Courts and shall allow the establishment and improvement of appropriate national institution
entrusted with the promotion and protection of the rights and freedoms guaranteed by the present
Charter.
The Constitution of The Gambia provides that Judges and other judicial officers, in the exercise of their
judicial functions shall be independent and only subject to the Constitution and the laws of The Gambia.
This is in recognition of the fact that the right to a fair trial, is only possible with an impartial and
independent judiciary.
In the past, the existing legal framework clearly provided for the independence of the Judiciary but in
practice there was much interference from the executive branch of Government. This was due to the
autocratic regime The Gambia had. There was no job security for Judicial Officers as they could be fired
without adherence to due process, if their judgments were deemed to be against the interest of the
executive. Furthermore, Judges were strongly persuaded to interpret the laws in accordance with the
wishes of the executive.
However, since 2017, the Judiciary of The Gambia has undergone several structural and administrative
reforms to enhance the dispensation of justice. This began with the appointment of a Jurist of international
repute in the person of Justice Hassan Jallow, the former Chief Prosecutor of the International Criminal
Tribunal for Rwanda. From January 2017 to date, the capacity of the Judiciary has been greatly enhanced
with the appointment of 12 new Judges of the High Court, Court of Appeal and Supreme Court.
Fundamentally, the appointment of 5 Justices in the Supreme Court has made the court functional after a
three-year hiatus due to a lack of quorum.
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