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Does not this trial of the cash advance, of Khalifa Sall and his co-defendants, give reason to those who convey the idea that Senegalese justice is at double speed?
Some day of the trial, we heard the President of the Republic Macky Sall, in his output "say he will not give in" . Does he really need to give in? What does he do in this trial for "to say that he will not give in" . In saying these words, does he not put pressure on the judge on appeal, Demba Kandji.
And even before that, there was the famous reversal of Judge Lansana Diaby, who had requested that the Court follow the judgment of the ECOWAS Court of Justice. And subsequently for his indictment, asked that we keep the mayor of Dakar in prison.
And yet, many specialists in criminal law, as the professor, Ousseynou Samba and Ndiack Fall, were pronounced on the judgment of ECOWAS indicating that the judge of appeal could only follow the justice community. And in doing so, he was going to follow up the violation of the procedure. This will result in the release of Khalifa Sall.
We can also add the episode of the magistrate Ibrahima Dème, who after his resignation, tells us that: "I resigned from a magistrate who resigned " to criticize the functioning of Senegalese justice.
Finally, in light of all this, what we can remember is that the esteem, the image that society had of justice (19659003) Hence the importance of asking whether one is in the present, of a state of law, or of a state of law?
The last is easier because it assumes that there is an abundance of legislation, ratified Conventions etc. And what is Senegal doing well? But the second, namely the rule of law, is the ideal, because it presupposes that these texts are applied, be said and rigorously, impartially.
Is this the case for the State of Senegal? It is in you to judge it.
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