Decision
For the above reasons, the African Commission,
Finds the Republic of The Gambia in violation of Articles 2, 3, 5, 7(1)(a) and 7(1)(c), 13(1), 16 and 18(4) of the African Charter.
Strongly urges the Government of The Gambia to:
1. Repeal the [LDA] and replace it with a new legislative regime for mental health in The Gambia compatible with the African Charter and international standards and norms for the protection of mentally ill or disabled persons as soon as possible;
2. Pending (a), create an expert body to review the cases of all persons detained under the [LDA] and make appropriate recommendations for their treatment or release;
3. Provide adequate medical and material care for persons suffering from mental health problems in the territory of The Gambia.
Requests the Government of The Gambia to report back to the African Commission when it submits its next periodic report in terms of Article 62 of the African Charter on measures taken to comply with the recommendations and directions of the African Commission in this decision.
Taken at the 33rd Ordinary Session of the African Commission held in Niamey, Niger, May 2003.
