Magistrate Yaya Amadou Dia Has Not Violated Article 11 Of Law No. 2017-10 (By Seybani SOUGOU)

The summoning of the magistrate before the General Inspectorate of Legal Affairs, for an article published on March 16, 2018, in which the former assessor of the Court of Repression of the Illicit Enrichment brings a legal and technical light on the candidacy of Karim Wade, is an absolute scandal. This umpteenth derives from the deviant power of Macky Sall is a misinterpretation of the status of judges, an extremely serious breach of democratic debate, and an intolerable attack on the "scientific" contribution of judges. One can be for or against the magistrate Amadou Yaya Dia, and at this level, every citizen is free to form his opinion. However, in this case, the only question we must answer is whether the magistrate has violated the texts, and violated article 11 of the 2017-10 law of 17/01/2017, on the status of magistrates, for this is what it is about.

To answer this question, one must start from the facts:

1. The text signed by the magistrate is marked " Magistrate in the position of Availability. "

This mention is fundamental because it allows to know the status of the magistrate at the time when it displays a public position. On this first point, it is necessary to make a brief reminder. In 2016, the Jurisdiction Committee of the Court of Accounts found a novel rape of the Organic Law 99-73 of February 17, 1999, by 2 magistrates, Amadou Lamine Dieng and Sheikh Issa Sall members of the APR, promoted Directors of agencies, and whose political commitment to Macky Sall, is well known, brandished and clearly In violation of the provisions of the law which "prohibited them any activity, demonstration or taking of political or union position". At the time, the scathing answer of the magistrate Sheikh Issa Sall to the Jurisdiction Committee of the Court of Auditors is the following " I am Magistrate in availability for 5 years, I can go fishing, go abroad, sell thiaf. Availability means temporarily going out of a body. The agitation of the Court of Accounts will lead to nothing . The facts prove him right since the magistrate Sheikh Issa Sall, General Manager of the Agency for the Municipal Development quietly goes to its activities, boasts to make the policy, defies the justice and is not worried by any summons. Before focusing on the case of Amadou Yaya Dia, IGAP would do better to "summon the magistrate Sheikh Issa Sall" who taunts the Senegalese, publicly displaying its proximity to the regime. There can be 2 weights, 2 measures and discrimination between magistrates (impunity for relatives of the regime). As far as I know, Yaya Amadou DIA is not a member of the Senegalese Democratic Party. His approach is civic and disinterested, unlike the magistrates of the APR. The magistrate speaks of Justice (his core business) and defends the INTERET GENERAL . This is his OATH and his most absolute right.

1. Article 11 gives Magistrates the right to make scientific productions

Article 11 of Organic Law No. 2017 -10 of 17 January 2017 on the Statute of Magistrates is worded as follows: " Magistrates may, without prior authorization, engage in scientific literary, artistic works or [19659016] of arbitration ". In his analysis, the former assessor of CREI tried hard to approach Karim Wade's candidacy from a scientific point of view (observers noted that the article of the magistrate is searched and documented, supported by numerous jurisprudence ). It is a text whose scope is scientific. Pointing out that " The competition for the election of the President of the Republic is an important moment in the life of a nation and recalling that the electoral process is framed by the Law The magistrate Yaya Amadou Dia has strictly defined the scope of his intervention, not to derogate from the limits imposed by article 11 " which prohibits magistrates from dealing in the media with subjects other than those of a professional nature" or technical ". Better, on a major subject that concerns the majority of Senegalese, as a judge, with a proven expertise in the field, he has become an "arbitrator", in full compliance with Article 11 which allows the magistrate "to perform this role". In conclusion, the screaming and the demonization of Judge Yaya Amadou DIA, in order to deliver him to a pack "bloodthirsty" are shocking, unworthy, and totally unfounded. The magistrates of the APR strut and flood the citizens of political speeches without anyone getting upset. All Senegalese and the Union of Senegalese Magistrates must strongly support the magistrate "DIA". Beyond the magistrate, there is a will shown by the deviant regime, to domesticate, even to bring Senegalese magistrates into line.

Seybani SOUGOU – E-mail: [email protected]