Dakar Criminal Court: Boy Djiné requests provisional release to undergo surgery

Before the judges, the notorious escape artist, Baye Modou Fall, alias "Boy Djiné," requested provisional release to undergo surgery. The prosecution opposed this, citing the risk of flight. In court, Boy Djiné stated that he was suffering from a brain tumor and needed surgery, but not while incarcerated.

“I suffered violence in prison. I need to undergo an operation because I have a tumor in my head. I do not wish to have the operation in prison. That is why I am requesting provisional release,” explained Boy Djiné.

Attorney El Hadj Badara Ndiaye attempted to persuade the judges on humanitarian grounds. He cited the violence his client suffered in detention and an illness that, according to him, developed during his incarceration. "He was assaulted in prison. Baye Modou Fall contracted this illness in prison. His rights were violated. While we have not provided his medical records for humanitarian reasons, we are requesting his provisional release to allow him to undergo surgery," argued Mr. Ndiaye.

The prosecution was not convinced by the medical argument. In his observations, the public prosecutor brought up Boy Djiné's criminal record, particularly his various escapes.

The prosecution pointed out that the defendant had already managed to escape while in the hands of law enforcement during an operation.

“If you release him on bail, you’ll never see him again,” the prosecutor declared. The prosecution argued that the medical issue must be decided by healthcare professionals. It is up to the doctor to determine whether Boy Djiné’s health condition is truly incompatible with his continued detention. The prosecutor therefore requested that the request be denied.

The court ultimately followed the prosecution's recommendation and rejected the request for provisional release due to a lack of guarantees of appearance in court. Boy Djiné therefore remains behind bars, awaiting his trial.

But Mr. El Hadj Badara Ndiaye did not give up. After the decision, the lawyer returned to his client's medical file. He requested its release, asserting that the document had never been provided by the doctor at the prison camp.

Boy Djiné appeared in court alongside Ahmadou Ndiaye, Mamadou Lamine Diallo, Bamba Ben Ousmane, Afana Ndiaye, Khadim Lo, and Modou Ndiaye. The group is being prosecuted for criminal conspiracy, armed robbery committed at night, breaking and entering, scaling walls, use of vehicles and weapons, attempted robbery under the same circumstances, attempted murder, and illegal possession of weapons.

Arrested in 2023 in connection with a burglary case, the accused will have to wait until January 26, 2027 to be tried.