Pape Abdoulaye Touré case: Coud employees placed under judicial supervision, their lawyer denounces a "lack of material evidence"

Amadou Tidiane Cissé, head of security at the University Social Services Center of Dakar (COUD), has avoided being remanded in custody. Charged in connection with the investigation into violence that occurred between 2021 and 2024, he was placed under judicial supervision by the investigating judge. This decision was welcomed by his lawyer, El Hadji Badara Ndiaye, who strongly contests the charges against his client.

Speaking to Seneweb after the indictment, the lawyer recounted the procedure that led to his client's charges. According to him, the case, initially handled by the Colobane Research Section, was opened specifically for acts classified as crimes against humanity and torture, based on Articles 431, paragraphs 2 and 6, of the Penal Code and the United Nations Convention against Torture. "The file was then returned to the prosecutor, who deemed it necessary to open a judicial investigation and assign the case to the judges of the first and second chambers of the Dakar High Court," explained Mr. Ndiaye. The lawyer believes that the charge of crimes against humanity used in the proceedings was intended to circumvent the amnesty law. "It was simply to circumvent the amnesty law," he maintained, adding that the Supreme Court had already excluded crimes against humanity from the scope of this law.

The lawyer disputes the charge of complicity by instigation.

Regarding Amadou Tidiane Cissé specifically, Mr. Elhadji Badara Ndiaye indicates that the prosecution initially requested four charges. Ultimately, the investigating judge charged his client with complicity by instigation. According to the lawyer, this charge rests in particular on a phone call between his client and security agents. "There is no material evidence to prove or confirm that he ordered his agents to kill him," he asserts. Mr. Ndiaye insists that his client was not present at the scene of the crime. He also mentions the statements of gendarmes Sow and Cissé, who reportedly confirmed the existence of a phone conversation with Amadou Tidiane Cissé. "They called him to inquire about the situation." He said that Pape Abdoulaye Touré was a student, that he had been expelled by the disciplinary board, and that this was why they had decided to ban him from the university,” the lawyer reported. However, the defense argues that this exchange does not establish any incitement to commit violence or to kill Pape Abdoulaye Touré.

"Criminal law is a substantive law..."

Mr. Elhadji Badara Ndiaye believes that the elements constituting the offense are not present at this stage of the proceedings. "Criminal law is substantive law. The material element occupies a predominant place and, in this case, no material element has been established against him," he insists.

The defense had requested the application of Article 138 of the Code of Criminal Procedure, which, according to the lawyer, would allow for judicial supervision or, failing that, placement under house arrest with an electronic tag. The prosecution, for its part, had requested a warrant for detention based on Article 139 of the Code of Criminal Procedure.

The judge ultimately opted for judicial supervision of Amadou Tidiane Cissé. His lawyer described the decision as beneficial. "He fully deserves judicial supervision. He should even be released on bail. We are satisfied with judicial supervision," stated Mr. Ndiaye, who commended the investigating judge for his decision.

The defense, however, intends to continue the legal battle. "Our objective was to have him completely acquitted. The prosecution has no arguments to establish an offense," the lawyer maintains.

Mr. Ndiaye also praised the support provided to his client by the COUD management, particularly Director Néné Mbodji, the Deputy Director General, the Head of the Legal and Litigation Department, Cheikh Ahmed Tidiane Ciss, Coordinator of the Security Unit, and the Coordinator of the Legal Unit. He also highlighted the presence of students who came to support Amadou Tidiane Ciss.

For the defense, judicial supervision is therefore only one step. "The fight continues," concludes Mr. Elhadji Badara Ndiaye.