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"The ECOWAS Court is perfectly competent if it considers it necessary to order the prosecution of a case immediately. warned, "he added, during a press briefing on the decision of the ECOWAS Court of Justice in the case of Khalifa Sall and his co-detainees.
The mayor of the city of Dakar and his fellow prisoners were sentenced to 5 years imprisonment and a fine of 5 million for forgery and use of forgery and swindle on public funds.
Mr. Ousmane Sèye reveals that the decision of immediate release formulated by the lawyers of the mayor of Dakar was rejected by the Court. He concludes that "there is no need to order the immediate prosecution of the defendants".
'' There have been cases of human rights violations by Khalifa Sall et al. But, at the same time, the court indicated the voice by which the injuries suffered by the detainees must be repaired by awarding them the sum of 35 million FCFA, "he implied.
Me Sèye held that there was no interference between the decisions of the ECOWAS Court of Justice and the national courts, the States being sovereign in criminal matters.
Samba Bitèye He, also a member of the group, believes that if an applicant is detained on an irregular basis and his conditions of detention violate his rights, the ECOWAS Court of Justice may order a state to be released immediately.
But for him, when the court demands immediate release, it does not say it by parable, but rather "expressly". "It means that the consequences of such a decision are not those of an interpretation, but rather of a reading," he explained.
The ECOWAS Court of Justice, a European court ruling on human rights issues, issued a ruling on 29 June in the case of Senegal's Khalifa Ababacar Sall. and co.
This decision follows the seizin of this regional court by the detainees Khalifa Sall and Co. for cases of human rights violations of which they would have been victims in the context of the legal proceedings against them relating to the management of the city of Dakar
The Court of Justice was created by a protocol signed in 1991 and its implementation formalized in Article 15 of the Revised Treaty of the Community in 1993.
Its major role consists of to ensure respect for the law and the principles of equity in the interpretation and application of the provisions of the Revised Treaty and other subsidiary legal instruments adopted by the Community
The Court officially began its activities in 1991 although its protocol did not enter into force until 5 November 1996.
"The Court of Justice knows of the disputes which it is seized by the States in the interpretat of the provisions of the Revised Treaty, and may issue an advisory opinion on legal issues when it is referred to it by the ECOWAS Council of Ministers. It is also competent to rule on violations of the fundamental principles of human rights. "
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