EVIDENCE BILL (electronic evidence) Consultative and Validation Workshop

From the 20th – 22nd May 2024, the Ministry of Communications and Digital Economy in close collaboration with the Ministry of Justice (MOJ) supported by the Council of Europe embarked on a consultative review and validation workshop pertaining to the Evidence Bill. The aim of the workshop was to incorporate electronic evidence provisions in the Evidence Bill. Considering the gaps in the current Evidence Act and modern-day realities, the exercise was essential to ensure efforts to combat cybercrime are effective.

Leading to the Evidence Bill review, Mr. Sanusi Drammeh , Director of Cybersecurity and the Ministry’s Focal point on Cybercrime presided over the workshop, and gave background to the continued collaboration between Council of Europe and the Ministry.

Mr.Lamin Camara, the Permanent Secretary of the Ministry of Communications and Digital Economy, who delivered the opening statement, expressed gratitude to the Council of Europe for almost a decade’s long support to the Ministry in formulating policies and legal instruments around cybercrime and personal data protection. In his deliberations, Mr. Camara stated that the world has transitioned from manual and analog processes to digitalization noting that unscrupulous actors misuse such opportunities to compromise data and systems of businesses and individuals. He therefore emphasized the need to strengthen legislation to combat Cybercrime, which the electronic evidence provions will help achieve.

Ms. Anastasia Gadja, Senior Program Officer, on Cybercrime, and representative of the Council of Europe 🇪🇺 (COE); in her speech emphasized the importance of electronic evidence as being critical to the outcome of investigations. She indicated that it provides visibility and integrity of evidence thereby enabling courts to make sound judgments while delivering justice.

Mr. Binga, Director of Civil Litigation represented the Ministry of Justice. He highlighted the importance of ensuring legislations are effective, by taking into consideration the perspectives of stakeholders to help serve the purpose.He implored on stakeholders to work together.

During the closing session, on the 22nd May 2024, Prof. Abdou Karim Jallow, Director General of The Gambia Information and Communications Technology Agency (GICTA) also expressed gratitude to the Council of Europe and stakeholders informing the audience about the historical journey of the initiative he witnessed, including the optimism showcased by the consultant from the onset.

The next step is to incorporate all comments in the final draft for subsequent Cabinet approval and tabling at the National Assembly for endorsement and approval, respectively.

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