The Minister of Justice has dilated on the cases of Lawyer Juan Branco, charged and placed under judicial supervision, Lawyer Babacar Ndiaye in the same case and the situation of Ousmane Sonko who was admitted to the Principal Hospital after nearly a week of partial hunger strike. Regarding the latter, Ismaïla Madior Fall maintains that he is getting better.

The judicial news marked by the cases of Lawyers Juan Branco and Babacar Ndiaye, Ousman Sonko’s hunger strike in prison provoked the reaction of Justice Minister Ismaïla Madior Fall (IMF), who wanted to play the transparency card in front of the press yesterday.

With regards to Lawyer Branco, finally charged and placed under judicial control, the Minister of Justice specified that his arrest was made « in execution of an international arrest warrant ». And, Mr. Fall explained: “It means that the public prosecutor has nothing to do with it, the Attorney General even less, it is not the criminal chain of the Public Prosecutor’s Office who took care of it. This is why, moreover, when he was arrested for the execution of the arrest warrant, he was not sent to the prosecutor, he was imprisoned in Rebeuss, extracted and presented to the investigating judge, who charged him, granted him bail and he left. The judge is not accountable to the prosecution.”

Sonko Evacuated to Principal: Quite a Hunger Strike!

In other words, « the judge is independent, if the prosecution is not happy, they can appeal » specified the minister. However, in his introductory remarks, Ismaïla Madior Fall had indicated that « the prosecution is not opposed to it because freedom is the rule and detention the exception ». He made the argument that « he (Editor’s note: Juan Branco) is not a Senegalese national, we have very important judicial cooperation agreements that bind us with France, we will cooperate with France when there is a need for the administration of justice”. And added, « there was no need to keep him in the bonds of detention. But the judicial investigation procedure continues, it is possible that his judicial review will be revoked, he can be tried when the investigation is closed. When it comes to judging him, we have cooperative relations with France which mean that he can serve this possible sentence in France.” Administratively the Minister of the Interior issued an order to expel him from Senegalese territory. With the execution of the arrest warrant issued against Mr. Branco, Mr. Fall believes that Senegal has set an example and marked its sovereignty. “The objective of the game is the rule of law. He is charged, he has a procedure pending before the Justice, he can be the subject of a prosecution at any time… It is an exemplary manifestation of sovereignty”, he rejoiced.

“Serious and concordant clues show” that Lawyer Ndiaye “helped Mr. Branco”

The Minister of Justice, during this meeting, also returned to the arrest of Lawyer Babacar Ndiaye, which angered his colleagues. IMF, pointed out that like Branco, Ndiaye was charged and placed under judicial control. According to the him, “this arrest took place according to the rules of the art”. “The Attorney General, before arresting the lawyer, informed the President of the Bar by letter, and this letter suffices as consultation. However, consultation cannot mean the fact or the need for the President of the Bar Association to give his opinion and endorsement. It is necessary to inform him, it is judicial courtesy and the Attorney General has informed the chairman of his decision to prosecute Lawyer Babacar Ndiaye. So, no problem from the point of view of regularity in the procedure”, defended the Keeper of the Seals.

Sonko’s breakfast: the minister confirms 

IMF also commented on the state of health of the leader of the former Pastef party. According to him, Ousmane Sonko « is at the Main Hospital, he has undergone treatment and after administration of this treatment, he is doing better ». The Minister confirmed the information from Le Quotidien newspaper that Mr. Sonko had opted for a partial hunger strike and that he even had breakfast on Saturday morning.

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Denouncing fake news, Mr. Fall appealed to Sonko’s supporters: « When you have a leader, who is in prison, you have to show that he is courageous, you have to show that he is robust, you need a leader with a long life, it is said that he is in good health. So it’s fake news, he is not sick, he is well followed.

In addition, he informs that « in prisons too, most of the detainees who were on a partial hunger strike, interrupted their strike ».

PAN “is a repeat offender …”

Questioned about the situation of journalist Pape Alé Niang, placed under arrest warrant. For Ismaïla Madior Fall, Pape Alé Niang “is a repeat offender”. And to continue: “His attacks aimed at undermining the morale of the troops are recurrent; his calls for insurrection are recurrent to the point that sometimes journalists have said: « we are going to vouch », that he will no longer speak… Freedom must be assumed. From my understanding, what he does is not journalism. And he was not arrested as a journalist. He is arrested as a subversive influencer. When someone behaves like that, the State also has its responsibilities, that everyone assumes their responsibilities.

With regard to this last arrest, the Minister of Justice maintained that « it is a revocation of his judicial control ». “Criticizing power, calling for insurrection should not serve as a certificate of impunity. If you do, we have to prosecute you. It’s not that you do it that you’re a hero, » he said.
On the journalist’s state of health, Mr. Fall informs that Pape Alé Niang, in addition to continuing his diet, « does not accept treatment ». But he reassures, “the hospital ensures the control and regular monitoring of his health status”.

Sonko’s Contumacy intact

“He was arrested, currently detained and prosecuted for causes different from his conviction by the Criminal Chamber. There are no links, you have to disconnect the two. In other words, if he gives himself up as prisoner or is arrested in execution of the judgment of the Criminal Chamber, yes, the contumacy falls, but here it is neither one nor the other.

By Dieynaba KANE / dkane@lequotidien.sn

  • Translation by Ndey T. SOSSEH