The men are citizens of The Gambia and Senegal.
According to the report, the incident happened on 9 December 2022 at the Foni-Cassamance border.
“This fatal shooting, purportedly carried out by drones belonging to the Senegalese Army, killed the 3 civilians and seriously injured another. The Government is yet to publish its investigation report and no individual has so far been held accountable for their role in the fatal shooting,” the report revealed.
The report further noted that the Government of The Gambia has an obligation under the 1997 Constitution, the African Charter as well as the International Covenant on Civil and Political Rights to prevent the arbitrary deprivation of life in The Gambia.
The situation report reveals that The Gambia continues to maintain a moratorium on the death penalty, adding that the State has also shown initiative towards its abolition through the ratification of the Second Protocol to the ICCPR.
“In the 2021 State of Human Rights Report, the NHRC recommended the repeal of the death penalty from the Criminal Code in line with the Second Optional Protocol to ICCPR. The State is, however, yet to comply with this recommendation. In this regard, a sentence of death can be passed by the High Court for crimes punishable by death as long as the law continues to exist.”
NHRC indicated that this was evidenced in July 2022, when Yankuba Badgie and four other former NIA officers were sentenced to death following their conviction for the murder of Ebrima Solo Sandeng in 2016.
This form of punishment, the Commission says has been criticised for being a violation of the right to life. The Commission further stated that as such, the NHRC continues to encourage the Government to take necessary steps towards the abolition of the death penalty in line with its international obligations.