The 27 magistrates who make up the Financial Judicial Pool were installed yesterday. This jurisdiction, which replaces the CREI, which was criticized at the time because of its procedures, is a new judicial instrument to combat economic and financial crimes.

It’s done: the magistrates of the Financial Judicial Pool were installed yesterday. To combat acts of prevarication with a view to establishing governance based on ethics, the State of Senegal has strengthened its judicial power by setting up this judicial instrument. « This specialized jurisdiction inherits the relevant provisions of the law relating to the Crei, takes into account the criticisms made against it and integrates our country’s international commitments in the fight against the worst forms of transnational organized crime, » explained the Minister of Justice.

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The Financial Judicial Pool “combines the need for effectiveness in repression and efficiency in human resources management,” continued Ousmane Diagne. “It is not limited to replacing the Crei, but aims to be more innovative and in line with current requirements. The establishment of the Financial Judicial Pool is a response to the many challenges posed by the citizen’s demand for accountability, the globalization of the economy, rapid capital flows, the development of information and communication technologies, as well as the multiple criminal networks that know no borders and can therefore only be dismantled by appropriate judicial mechanisms,” noted the Minister of Justice.

Composed of 27 magistrates, the Financial Judicial Pool has a broader area of ​​competence than the Crei. « The Pool takes into account other offences related to corruption and similar practices, embezzlement, fraud and theft of public funds, counterfeiting, tax and customs, drug trafficking, information and communication technologies, public procurement regulations, maritime piracy, terrorist financing, migrant trafficking and banking regulations », explained the former public prosecutor. He specified that « for some of these offences, it shares jurisdiction with the ordinary courts, and for others, it has exclusive exercise ».

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According to Minister Ousmane Diagne, « mechanisms are set up to prevent or resolve potential conflicts of jurisdiction. » Believing that this new judicial training will help to fight « effectively against the misappropriation of public funds, » the Minister of Justice asked the 27 magistrates who form the Financial Pool to do their best to achieve these objectives. « I urge you to give your best to achieve the objectives assigned to this jurisdiction. The State, for its part, will spare no effort to put you in the optimal conditions for professional performance and development. Appropriate means will be deployed, if necessary, in conjunction with development partners, whom I would like to thank in passing, » continued Mr. Diagne.

In response, Abdoulaye Ba, who also finds that the Financial Pool is a powerful player, in turn called on magistrates to respect the law. « They know what they must do, because they have never stopped doing it. I ask them to apply the law, nothing but the law, » demands the First President of the Dakar Court of Appeal. According to him, « the Executive has already played its part by voting the law for the establishment of this Financial Judicial Pool. »

For Lawyer Aly Fall, President elect of the Senegalese Bar Association, the installation of this pool is a step forward. “It’s a good thing, because as you have seen in these offences, it is the State that is the civil party. These offences can really hurt an economy because they can undermine the foundations of development. And even security issues arise because these jurisdictions also pursue financing related to terrorism.  Even national security issues arise. It is a good thing that these magistrates are exclusively dedicated to the prosecution of these offences. It is a good thing, even if the Bar, as an actor, will ensure that this law is applied effectively by the specialist judges, » he promised. « The Bar will ensure its monitoring role for the accused. A fair trial is something important so that the decision that is rendered is fair, » he continued.

In any case, the Minister of Justice remains very optimistic about the success of this jurisdiction. « I know that the hope placed in this new jurisdiction is immense and the expectations multiple, but I remain convinced that with the involvement of all, in the quest for impeccable economic and financial governance, as well as permanent collaboration of the different institutions fighting against new forms of crime, the results will be there, » explains Ousmane Diagne. In the end, he asked the magistrates « to use the principles of independence and integrity to which they are deeply attached as viaticum in the accomplishment of their mission. »

By Justin GOMIS / justin@lequotidien.sn 

  • Translation by Ndey T. SOSSEH