Senegal – Khalifa Sall case: the court rejects the request for referral of the defense



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"It is clear that the judge intends to follow the schedule of the prosecutor and state lawyers," plague master Ciré Clédor Ly, one of the mayor of Dakar's lawyers, judged on appeal on Monday in particular for "forgery and forgery" and "public money scam". Less than two weeks ago, however, hope seemed to be reborn in the camp of the edile and its supporters, after the verdict of the ECOWAS Court of Justice, ruling that some rights of Khalifa Sall had been violated in the first instance. Without questioning his conviction on 30 March 2018 to five years in prison and a fine of 7,620 euros or requesting his release, the regional institution had ruled that Khalifa Sall had, among other things, been denied the right to a fair trial. [19659002] The ECOWAS judgment seemed to set the pace for the debates at the courthouse in Dakar on Monday. Seeking to obtain a new reference, the defense has spearheaded its argument. Arguing his rights to dispose of the said decision before starting the proceedings, she requested a referral hearing of a few days, the time to get this text "essential to the preparation of the defense," according to master Ciré Clédor Ly . "One can not proceed without violating the rights of the defense," added his colleague Master Bathily.

"Unmotivated Requests"

In the face of defenders of Khalifa Sall, the state's attorneys, formed part have strongly rejected any idea of ​​postponement. "These are unjustified demands, annoys master Baboucar Cisse. The ECOWAS judgment came out on June 29, if it were essential to the defense, Mr. Sall's lawyers should have been diligent or appear before the Court earlier. "

Court that sided behind this opinion, refusing all the demands of the defense and deciding to continue the debates as of this Tuesday. To justify his rejection, Judge Demba Kandji found that he was not able to hear a decision that did not appear anywhere in the case file. The French lawyer Alain Jakubowicz, who joined the defense of the mayor of Dakar, protests: "This was a request impossible to refuse, the referral, pending the decision of the ECOWAS, should have to be pronounced. It is a magistrate with orders and it is terrifying in a State of right like Senegal. "

Arbitrary Detention

This refusal aroused the fervor of Khalifa Sall's followers, who came in large numbers and many of whom remained at the threshold of the hall. After a long day of debate, they left the scene, chanting vigorously pro-Khalifa slogans and anti-magistrates. In Camp Khalifa, there is no doubt that all this is being conducted by another Sall: President of the Republic Macky Sall, who seeks to eliminate one of his only political opponents for the 2019 presidential election. 19659002] Master Ousseynou Fall, defender of Khalifa Sall, warns the Court: "It must be remembered that arbitrary detention is a crime, and that all persons who participated in arbitrary detention must respond to it. Here, a stronger authority than yours has established that Khalifa Sall did not have a fair trial. If the court rushes, it will be suspicious. During this appeal, all eyes will be on the form, the respect of the procedures and the rights of the defense. It does not exclude new remedies if it considers the rights of its client violated again.

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