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Macky is a friend of France. It's known. And between this country and ours, there is a dynamic judicial cooperation, in all respects.
However, one of the rare areas where the French Justice "refuses" to collaborate with Senegal, it is at the level of illicit enrichment.
The justice of Monaco has, this Tuesday, refused the confiscation of 24 bank accounts of which one, amounting to 2 million Euros belongs to Karim Wade.
This decision follows that of Paris, last March, when Senegal demanded the seizure of the property of Karim Wade and his alleged accomplices like Bibo Bourgi.
The reason invoked is always the same: the enrichment invoked has no equivalent in French law. Clearly, French law does not recognize illicit enrichment and no national of this country can be brought to justice for this offense.
And at the same time, the judicial acts related to this offense can not be executed on French soil thanks to the contribution of the French justice
One can then wonder how can one maintain a crime of this kind which exists only in rare countries like ours? Better still, why has France never had such an offense?
The obvious answer is: The offense of illicit enrichment is an infringement of individual liberty, that of acquiring property in complete freedom and that of
We can not live in a liberal society in the economic sense of the word, promote individual initiative, personal success, entrepreneurship and repress '' having goods or a train of life above its known income, "that is to say, the illicit enrichment.
And even here again, there is a precision to be made: The offense of illicit enrichment is constituted only if after formal notice, the suspected public or private agent finds it impossible to justify the lawful origin of his property.
Roughly speaking, this is the finding made by the prosecution of the increase of property or a certain lifestyle, without that the person can not explain it in a convincing way.
In short, it is a presumption of guilt born from the observation of this lifestyle and the increase of these goods without however that no offense can be charged against the person.
So people are forced to stay "poor" or to pretend to be "poor". No ostentatious expenses or other signs of wealth at risk of being dragged before the Court
It is hardly surprising that in Africa we share such an offense with Mali and Burundi.
Because, in In reality, we hardly pursue anyone. The only citizens brought before the Court have connections with the political community and can interfere. If not, no one is interested in your possessions.
How then do you want the French Justice to collaborate in such a legal and judicial heresy and such a forfeit?
Not only the reversal of the burden of the The proof is obvious, but a presumption of guilt is established on the basis of suppositions and approximations.
In France, Justice is too serious to be used in the service of partisan politics. It is only in our countries that it is still possible.
Consequence, the Court of repression of the illicit enrichment (Crei) is left to turn the fleas for a long time. As in 1981, she will have tried almost two cases. And yet if all those who had seen their property increased as well as their trains of life without being able to explain it were translated before her, the files amounted to hundreds.
There are also many Senegalese who are very rich or live beyond their means because they do nothing. "
The reality in Senegal is to immediately reform the crime of illicit enrichment, and thus the Crei. The grooming promised by the authorities is urgently needed if Senegal does not want to be the country of political settlements through inter-state justice.
Assane Samb
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