[ad_1]
"With the invalidation of the minutes of IDC No. 146 / DIG / BAC of 02 March 2017, the proceedings against the Deputy Mayor of Dakar collapse; like a house of cards "
A crime is never perfect. Including state crimes. They were awaiting the judgment of the ECOWAS Court of Justice of June 29, 2018. They are now served. The publication of the entire judgment, on July 12, 2018, overwhelmed the authorities, wiped out the legal arguments for the continuation of the proceedings against the Deputy Mayor of Dakar and validated the thesis of the political cabal. The scathing indictment of judges of the ECOWAS CDJ reveals a state banditry without name, exposes infamous police practices, points the drifts of the Prosecutor of the Republic, Bassirou Gueye and the magistrate instructor, and discredits the Senegalese justice, part of which is under the orders of the executive power. After a careful reading of the 54 pages of the judgment of the ECOWAS Court of Justice, every Senegalese citizen who is in love with justice and freedom is reached in his flesh. It is Macky Sall's diet that is pilloried. It is the image of Senegal that is tainted in Africa and in the world. It must be made clear: some points in this judgment are degrading for our country and two of its institutions (Police and Justice). We will not get back to it, because everything was said or almost in this judgment, relayed amply by international media. On the other hand, the emphasis will be on two points:
- Point 1: The invalidation of the minutes of the DIC N ° 146 / DIG / BAC invalidates the procedure
In his judgment (cf IV-23), the ECOWAS CDJ notes that the minutes of the DIC N ° 146 / DIG / BAC of 02 March 2 017 established following the preliminary investigation carried out by the Criminal Investigation Division of the Judicial Police does not make any mention of the fact that the arrested persons were assisted during the investigation of their councils or were informed of their right to constitute them. In these circumstances, the Court must find a violation of the Right to Counsel by the Applicants at the moment of their interpellation. The Court recalls the provisions contained in Article 5 of UEMOA Regulation No. 05 / CM / which stipulate that lawyers assist their clients as soon as they are arrested during the preliminary investigation at the premises of the police, the gendarmerie or in front of the prosecution. This decisive point in the judgment is sufficient on its own to render the entire procedure null and void. The Attorney General Near the Dakar Court of Appeal, Lansana DIABY, who fully understood the scope of the judgment of the ECOWAS Court of Justice, did not deceive himself, stating: " Our courts have not complied with UEMOA regulation 5 which requires the presence of a lawyer with his client as soon as he is arrested. This Community decision must be respected. And this provision is binding on the state. The whole problem revolves around a point of annulment of the procedure demanded by the lawyers of Khalifa Sall ". On June 18, 2018, 1 er President of the Dakar Court of Appeals, Demba Kandji will have to answer a single point: Mayor Khalifa Sall has benefited from the right to assistance of a Council at the time of its inquiry? The response of the ECOWAS Court of Justice and the Prosecutor to the Dakar Court of Appeal is clear, clear and precise: No. The conclusion: The Deputy Mayor of Dakar must leave the court free, July 18, 2018. The 1st President of the Court of Appeal of Dakar has little choice, since it is clear from the judgment No. 168 of 16 May 2017 of the Indictment Division of the Court of Appeal of Dakar, that Article 55, new paragraph 10 of the Code of Criminal Procedure provides that " the police officer Judiciary informs the person arrested of his right to consult among the lawyers registered on the board or admitted to an internship. Mention of this formality is made obligatorily on the minutes of hearing, on pain of nullity ". This paragraph is written in black and white in the judgment of the ECOWAS CDJ (IV-21). The arguments raised by members of the regime that the ECOWAS CDJ did not order the release of Khalifa Sall do not stand up to scrutiny. Where it is written that the right to counsel of the applicant at the time of the interpellation is a substantial formality of the proceedings, on pain of nullity, should a drawing be made? Is it not clear that rock water?
In conclusion, the ECOWAS CDJ (cf IV-53) pointed out an aggravating circumstance in these terms "by preventing the applicants' appeals before the end of the investigation, the examining magistrate has removed the proceedings from being fair. His actions constituted serious violations of the rights of the defense, affecting the fairness of the trial ". In diplomatic language, the ECOWAS CDJ says that the examining magistrate (Samba Sall), made BIG ANYTHING.
- Point 2: The Court rejects the request to declare itself "Incompetent"
The coup de grace was brought by the Court of Justice of ECOWAS, following the request of the lawyers of the State of Senegal, asking him to proclaim his incompetence (a fact passed unnoticed). The lawyers of the State have certainly been misled by the habits of the Senegalese Constitutional Council, prompt to declare themselves Incompetent. But now, the Court of Justice of ECOWAS is not the Constitutional Council of Senegal. The ECOWAS CDJ is an impartial and independent court, which faces its responsibilities.
Here is what the ECOWAS CDJ says in essence about its competence:
The State of Senegal (
19659010] IV-I ) in his defense, requested that the Court say that it has no jurisdiction to assess the decisions rendered by its national courts.
The ECOWAS CDJ ( IV-5) categorically rejects the request of Senegal in the following terms: the Additional Protocol A / SP.1 / 01/05 of 19 January 2005 amending Protocol PA / P.1 / 7/91 relating to the Court of Justice of the Community explicitly gives it jurisdiction to hear cases of human rights violations in any Member State. Clearly, the decisions made by national courts do not prevent the ECOWAS CDJ from declaring itself competent when it is seized on the violation of human rights. A snub for those who spend their time invoking the sovereignty of Senegalese courts. The time when states could violate the rights of their own citizens in silence is over. Definitively
In fine, the decision of the ECOWAS CDJ of June 29, 2018, has the merit of unveiling, the collusion between a part of the Senegalese Justice and the executive power. It reveals illegal and immoral practices that undermine the foundations of the rule of law. Senegalese Justice is splashed by the Khalifa Sall affair. High magistrates are in the dock. The Judicial Institution must wash its honor and restore its seriously damaged credibility. Make no mistake: the decision of the Dakar Court of Appeal in this case will be scrutinized by the international community and partners in Senegal.
Senegal is on the verge of the rupture: political, social, and food . July 18, 2018, for the history, for the Defense of the Right, for the image of Senegal, for the honor and the dignity of the judges, for the stability of the country, and for the restoration of the credibility of the Senegalese Justice , 1 and President of the Dakar Court of Appeals, Demba KANDJI shall order the release of Deputy Mayor Khalifa SALL. Otherwise, it will be accountable for the "disorder" created by the weakening of the rule of law in Senegal, which will not spare justice. Let us be clear: Macky Sall and his obsession with a second term are not worth such risks.
Seybani SOUGOU – E-mail: [email protected]
Source link
