Purohit and Anor v Gambia (Communication 241 of 2001)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Commission found The Gambia in violation of Articles 2, 3, 5, 7(1)(a), 7(1)(c), 13(1), 16, and 18(4) of the African Charter. The Lunatics Detention Act, enacted in 1917 and last amended in 1964, was held to be outdated and incompatible with the African Charter. The Act's provisions for automatic and indefinite detention of persons with mental illness without review or appeal procedures, its use of dehumanising terminology, denial of voting rights, and inadequate health care provisions all violated fundamental human rights. The Commission strongly urged The Gambia to repeal the Act and replace it with legislation compatible with international standards.

Outcome

Communication upheld; respondent state found in violation of multiple Charter provisions and directed to repeal discriminatory legislation and implement protective measures for persons with mental illness

Facts

The complainants, mental health advocates, submitted a communication on behalf of patients detained at Campama Psychiatric Unit in The Gambia under the Lunatics Detention Act. The Act, enacted in 1917 and last amended in 1964, provided for automatic and indefinite detention of persons deemed to be 'lunatics' based on certificates from two general medical practitioners. The Act contained no definition of 'lunatic', no safeguards during diagnosis and detention, no review or appeal procedures, and no provision for legal aid. Persons detained under the Act were denied voting rights. The complainants alleged overcrowding, lack of consent requirements for treatment, and no independent examination of conditions at the facility. The Gambia conceded that the Act lacked review procedures but argued that common law remedies were available, though it admitted no legal aid was provided except for capital offences.

Issues

1. Whether the Lunatics Detention Act of The Gambia violates Articles 2 and 3 of the African Charter by discriminating against persons with mental illness through automatic and indefinite institutionalisation without due process.
2. Whether the absence of review or appeal procedures against detention under the Lunatics Detention Act violates Articles 7(1)(a) and 7(1)(c) of the African Charter.
3. Whether the use of dehumanising terminology and conditions of detention under the Lunatics Detention Act violate Article 5 of the African Charter.
4. Whether the denial of voting rights to persons detained under the Lunatics Detention Act violates Article 13(1) of the African Charter.
5. Whether the scheme and operation of the Lunatics Detention Act violate the right to health under Articles 16 and 18(4) of the African Charter.
6. Whether domestic remedies were available and must be exhausted before the communication could be considered admissible under Article 56(5) of the African Charter.

Orders

• Communication declared admissible.
• The Republic of The Gambia found in violation of Articles 2, 3, 5, 7(1)(a) and 7(1)(c), 13(1), 16 and 18(4) of the African Charter.
• The Government of The Gambia strongly urged to repeal the Lunatics Detention Act and replace it with new legislative regime for mental health compatible with the African Charter and international standards as soon as possible.
• Pending repeal, The Gambia urged to create an expert body to review cases of all persons detained under the Lunatics Detention Act and make appropriate recommendations for their treatment or release.
• The Gambia urged to provide adequate medical and material care for persons suffering from mental health problems in its territory.
• The Government of The Gambia requested to report back to the African Commission on measures taken to comply with these recommendations when it submits its next periodic report under Article 62 of the African Charter.

Rules and key headnotes

Legislation cited (22)

• Lunatics Detention Act (The Gambia)
• Constitution of The Gambia s.7(d)
• Poor Persons Defence (Capital Charge) Act (The Gambia)
• African Charter on Human and Peoples' Rights Article 2
• African Charter on Human and Peoples' Rights Article 3
• African Charter on Human and Peoples' Rights Article 5
• African Charter on Human and Peoples' Rights Article 6
• African Charter on Human and Peoples' Rights Article 7(1)(a)
• African Charter on Human and Peoples' Rights Article 7(1)(c)
• African Charter on Human and Peoples' Rights Article 13(1)
• African Charter on Human and Peoples' Rights Article 14
• African Charter on Human and Peoples' Rights Article 16
• African Charter on Human and Peoples' Rights Article 18(4)
• African Charter on Human and Peoples' Rights Article 55
• African Charter on Human and Peoples' Rights Article 56
• African Charter on Human and Peoples' Rights Article 56(5)
• African Charter on Human and Peoples' Rights Article 60
• African Charter on Human and Peoples' Rights Article 61
• African Charter on Human and Peoples' Rights Article 62
• Vienna Convention on the Law of Treaties 1980 Article 14
• International Covenant on Civil and Political Rights Article 25
• Universal Declaration of Human Rights Article 1

Cases cited (7)

• Legal Resources Foundation v Zambia (Communication 211 of 1998)
• Attorney General v Unity Dow (1994) 6 BCLR 1
• Media Rights Agenda v Nigeria (Communication 224 of 1998)
• John K. Modise v Botswana (Communication 97 of 1993)
• Sir Dawda K. Jawara v The Gambia (Communications 147 and 149 of 1995)
• Rencontre Africaine pour la defense des droits de l'homme v Zambia (Communication 71 of 1992)
• UIDH et al. v Angola (Communication 159 of 1996)

The original judgment as reported. Read the original PDF before relying on any passage.