Assignation à résidence d'Ismaïla Madior Fall : un juriste pointe un possible dépassement du délai légal
The trial of former Justice Minister under Macky Sall, Ismaïla Madior Fall, before the High Court of Justice, which opened on Tuesday, July 21, 2026, revives the debate on the duration of the house arrest measure with electronic monitoring to which he has been subject for more than a year.
In a legal analysis, El Amath Thiam, a lawyer and president of the NGO Justice Without Borders, recalled the provisions of Article 138-4 of the Code of Criminal Procedure. This text stipulates that "house arrest with electronic monitoring may not exceed one (1) year in correctional matters."
According to the legal expert, Ismaïla Madior Fall was placed under this measure on Tuesday, May 20, 2025, by the Investigating Committee of the High Court of Justice. Based on this, the one-year legal period would have expired on May 20, 2026, unless a decision to lift, modify, or replace it had been issued in the interim. "In principle, this measure would therefore have ended on May 20, 2026, if it had not been lifted, modified, or duly replaced by another court decision. And his trial before the High Court of Justice began this Tuesday, July 21, 2026," he explained.
El Amath Thiam points out that the law prohibits such a measure from being extended beyond the maximum duration set for offenses, unless it is based on a separate legal basis or a new court decision that complies with the law.
"Consequently, if no regular judicial decision has been made to justify maintaining this measure beyond the legal time limit provided for in Article 138-4 of the Code of Criminal Procedure, such an extension would be likely to constitute an infringement of the principle of legality of restrictive measures of liberty and of the rights of the defense of the accused, Ismaila Madior Fall," argued the lawyer.
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