Rédaction Africa Links 24 with La rédaction
Published on 2024-04-09 12:02:39
The amnesty law passed under the regime of Macky Sall has led to the release of many individuals arrested during political demonstrations that occurred between 2021 and 2024 in Senegal. However, the situation of some political detainees remains concerning, prompting calls to action from the new administration of Bassirou Diomaye Faye. Attorney Abdoulaye Tall, who represents the detainees still in custody, shared his analysis on Walftv, shedding light on the reasons behind the delay in their release.
Tall explained that the detainees not yet released can be divided into two categories, each facing a different legal situation. He stated, “On the day of President Diomaye Faye’s swearing-in ceremony in Diamniadio, once the ceremony was over, I immediately went to see those concerned. I immediately resumed my work, devoting myself exclusively to their case. For some, their case is in the chamber of accusation. In fact, the judge issued what is called a rejection order of a request for provisional release. Dissatisfied, the opposing party then filed an appeal, thus removing the case from the judge’s hands and sending it directly to the chamber of accusation.”
Regarding the application of the amnesty law, he specified, “It was after this that the amnesty law was enacted. It is important to note that for a person to benefit from a release under this law, it is up to the judge to make that decision. However, since the judge no longer has the case files, if the release cannot be ordered by him, the chamber of accusation will take care of it. This is why I can affirm that the majority of them will be released by April 18, the scheduled date for their hearing before the chamber of accusation.”
Talking about the release timeline, Tall added, “It should be noted that there are deadlines to be respected. We have even requested that these deadlines be shortened so that they can be released as soon as possible.”
He then addressed the situation of the second category of detainees, stating, “This other category remains incarcerated mainly because they received what is called a dismissal order before the adoption of the amnesty law. This simply means that the prosecutor asked the judge to judge them. It is not up to the prosecutor to decide on their release. The decision lies with the investigating judge, the chamber of instruction, or finally with the court of judgment. Thus, these files must necessarily be examined by the competent jurisdiction for judgment, all of this happening in the context of the recent presidential elections.”
Abdoulaye Tall responded to the controversies raised, particularly by the activist and rapper Abdou Karim Gueye, also known as Karim Xrum Xax. The latter had expressed his intention to demonstrate his anger by calling for a gathering outside the Rebeuss prison. He ultimately decided against the demonstration, stating that some individuals, such as lawyers, had advised him to wait until the case is resolved in a more appropriate manner.
Read the original article(French) on Senegal Direct
