David Charles Colley, former Director General of the Gambia Prisons Service (GPS), appeared before the TRRC to explain his side of the story following allegations made against him by prisoners and prison officers that testified before him.
Born 28 August 1958 in Kanilai Village, Colley said he started his primary school in Kanilai and later proceeded to Bwiam Secondary School from 1970- 1972. He said joined Prisons with the help of former President Sir Dawda Kairaba Jawara after there was a push and pull between him and a British for him to join the Field Force.He confirmed that he was attached to the bar at State Central Prisons, Mile2.
Testifying on the poor and unhygienic conditions of Prisons, and to react to Amadou Scattred Janneh’s allegation that Gambia’s prison is the worst in the world, the witness said he found the structures there; as they were built by the British colonialists.
According to him, while serving as Director General, he recommended to the Minister of Interior for Mile 2 Prisons to be refurbished and that there was an agreement and tenders invited but unfortunately the project could not be completed at Jeshwang Prisons. He admitted that overcrowding is a problem in the Prisons.
When put to him that he let prisoners sleep in toilets, Colley answered, “but I can't help". On what he did when the project failed to ensure that prisoners didn't sleep in toilets, he said when Masanneh Ceesay was removed, he took over, he invited the Minister together with NaNA, Director General of GPPA, doctors amongst others to a meeting, in which they prepared recommendation and took it to the higher authorities.
Apart from engaging the authorities to make sure that prisoners don't sleep in toilets, he said they removed planks, bought mattresses, and made concrete slaps in the cells. Mr. Colley said his services were terminated in January 2017 and could not continue with the project.
He admitted that throughout Yahya Jammeh's time prisoners were sleeping in toilets. At this point, lead counsel Faal told him under Section 4 of the Prisons Act, he has the powers to identify temporal prisons, and that as Director, he was mandated by the Act to identify shelter for prisoners; especially if there is an outbreak of disease, overcrowding etc. Colley agreed that he was the head of prisons but disagreed with counsel that he neglected his responsibility to make sure that the place is clean saying they had prisoners who were in charge of cleaning the place. He added that he did not believe that during his time Mile 2 was filthy.
On the issue of bad food in the prisons, the witness said it was good, arguing that in the entire world, no prisoner is well fed. However, Faal intimated to him that nobody that testified said the food was good except him.
The witness testified that it is correct that he was incarcerated at Mile2 and the food he ate was palatable. He said he never received primary cause of disease which killed a prisoner.
On whether prisoners died of beri beri, he responded in the affirmative, noting that he was not an expert. Lead Counsel put it to him that he was hiding behind the claim that he was not an expert in order to get himself free from the allegations, but the witness said he has nothing to hide.
Reading from his statement, the witness said beri beri was caused by infectious diseases and not the food as alleged.
At this juncture, the testimonies of Fanta Sanneh and Baba Galleh Jallow were played for the witness to hear what they said regarding beri beri. “Your statement is false and was intended to mislead the Commission,” counsel charged, and the witness said he made a mistake.
According to him, the team of doctors that visited Mile 2, and sent their recommendations to the Interior Minister but that he did not see the recommendations.
On his illegal detention at Mile 2, Colley said he suffered because his rights were violated; such as not being allowed to see a lawyer, not being informed of what he did amongst others. When asked whether he was aware that was the Standard Operating Procedure (SPO'), he responded in the positive. Counsel then told him that he was given a taste of his own medicine, and he agreed.
When put to him that he took up a job which was violating the rights of Gambians on daily basis, the Prisons Director said he could’nt help neither resign because of the situation at the time. “Did the army ever give you orders in the prisons?” Counsel asked. Colley replied, “they operated on their own”.
“Is it correct that apart from guarding the perimeter, the soldiers had nothing do with them?” Colley responded that when it comes to military detainees, he had no say.
On the issue of violating the rights of convicts, he said they applied the law of prisons properly; adding that he will not accept that they had a Kanilai cabal at Mile 2 and that Jammeh used him and his Kanilai surrogates to violate people's rights. However, he said he was appointed as the Director General of Prisons by Yahya Jammeh.
“Do you agree that Yahya Jammeh was using the Kanilai group to violate the rights of prisoners?” Colley was asked again but he denied. At this stage, the video of current Director Ansumana Manneh, where he accused David Colley of tribalism and nepotism because all those in his kingdom were his relatives.
The witness denied being a dictator at Mile 2, and stealing prisoners’ food as well. He also denied the allegations of collecting bribes from Baba Jobe's wife, and other family members as well; denied bringing a dead bull in the prison; a crime he had been tried and convicted of.
Modou Sanno, Baba Galleh Mballow, Njaga Sillah, Alagie Mbaye all died in January 2006 as a result of the dead bull, they ate. Newspaper articles of The Point Newspaper and All African News Agency were all tendered in evidence.
On the torture of detainees at Mile2, lead counsel Faal told him that on the night of 5th September, 1994, Junta members went to Mile 2 and tortured them seriously and therefore he being the Director General has to bear the responsibility of the tortures meted on the prisoners.
According to Mr. Colley, he was informed by the NIA that there was a mobile phone in Mile 2 and ordered him to conduct an emergency random search which he did and when they discovered the mobile, it was taken to the NIA headquarters.
Mr. Colley remained adamant that inmates were not tortured behind his office despite the fact that more than 5 witnesses implicated him in torture.
By Awa DK Conteh