Barthélemy Dias risks being stripped of his mandate as a parliamentarian if finally convicted by the Supreme Court. He was sentenced last week by the Dakar Court of Appeal in the case of the death of the young man Ndiaga Diouf during the demonstrations against the controversial third candidacy of Mr Abdoulaye Wade: 2 years including 6 months firm, a confirmation of the verdict of the Criminal Court. The sentencing of Barthélemy Dias to 2 years imprisonment of which 6months is to be served, was confirmed by the Court of Appeal of Dakar yesterday, in the case of the murder of NdiagaDiouf.The Civil Party’s claims of a sum of 150 million CFA francs as damageswere dismissed.In the event of a final conviction by the Supreme Court, the parliamentarian risks losing his mandate in the National Assembly.The removal of a parliamentarian in the event of a criminal conviction is provided for in Article 61 paragraph 7 of the Senegalese Constitution and Article 51 paragraph 6 of the Rules of Procedure of the National Assembly, recalls Pr Ndiack Fall.The criminal lawyer explains, in fact, that the member who is the subject of a final criminal conviction is removed from the list of parliamentarians of the National Assembly at the request of the Attorney General, Minister of Justice.« A criminal conviction is final when remedies have been exhausted.In the present case, even though the Court of Appeal ruled, it is possible that the mayor of Dakar can appeal.Until the Supreme Court has finally ruled to uphold the Decision of the Court of Appeal, we can consider that the conviction is not yet final, » Prof. Ndiack Fall told Emedia.According to the lawyer, the Supreme Court appeal is suspensive in criminal matters.Lawyers of Barthélemy Dias like Khoureychi Ba, who announced an appeal, specified that his client, also mayor of Dakar, can no longer be the subject of revocation.In 2017, Barthélemy Dias was sentenced to two years in prison, including six months in prison, for assault and battery and illegal possession of a weapon.A sentence he had served during his pre-trial detention in 2012.The facts date back to 2011 during the demonstrations against a third term for President Abdoulaye Wade, outgoing Head of State, at the time of the facts.Barthélemy Dias, who was active in the Socialist Party (Ps), did not hesitate to draw his 9 mm pistol on bodyguards of the Senegalese Democratic Party (Pds, in power at the time of the facts), who had surrounded his town hall of SacréCœur-Mermoz.Thus, it was in these circumstances that one of the attackers, NdiagaDiouf in this case, had died after being shot.By Aliou DIALLO

  • Translation by Ndey T. SOSSEH / Serigne S. DIAGNE