Gambia: Judge Says One-Year Detention of Rape Suspect Without Trial Unconstitutional

What the report says

Justice Isatou Janneh of the Bundung High Court in The Gambia has ruled that Moses Manneh’s detention for more than a year without trial was unconstitutional, saying it breached his rights to personal liberty and to a fair hearing within a reasonable time. The decision was reported by Foroyaa through AllAfrica and concerns a rape case that began when Manneh was arraigned before the Brusubi Magistrates’ Court on 5 February 2025.

According to the court account, Manneh pleaded not guilty and was remanded to Mile II Central Prison, but the case did not move forward after that. He later asked the High Court to declare his detention unlawful and to order his release. The prosecution opposed the request orally, while no affidavit in opposition was filed. Justice Janneh accepted that there had been no meaningful progress in the prosecution and raised concern that the remand warrant did not state a clear period of custody.

The judge did not order unconditional release. Instead, she granted bail on conditions, including a D500,000 recognisance, a Gambian surety of the same amount, regular police reporting, and a requirement to attend court and remain in the country unless permitted otherwise. The Attorney General’s office was also directed to take immediate steps to regularise the case, with a warning that Manneh should be released if no information is filed within 30 days unless a valid court order authorises further detention. The ruling addresses the legality of detention, not the underlying rape charge.