Procès d’Ismaïla Madior Fall : « Bougez ! Vous êtes des juges, pas des figurines », lance Me Ciré Clédor Ly aux députés de la Haute Cour
The referral of the trial of former Justice Minister Ismaïla Madior Fall to the High Court of Justice not only allowed the defense time to prepare, but also prompted a sharp attack by lawyer Ciré Clédor Ly against the functioning of the court.
Reacting to Seneweb after the hearing, one of the former Minister of Justice's lawyers first justified the challenge to the electronic bracelet. According to him, "the law is clear": its use cannot exceed one year. Considered equivalent to pretrial detention, its continuation beyond the legal limit would, in his view, constitute "a doubly arbitrary detention."
The lawyer then denounced the way the procedural incident was handled. According to him, the proceedings had not yet begun and the request should have been examined at the outset, before any discussion of the merits. He believes the decision could not be made by the presiding judge alone.
Faced with what he considers a breach of procedural rules, Mr. Ciré Clédor Ly says he called out to the members of parliament sitting on the High Court: "Move! We cannot decide for you. You are judges, not figurines. You must vote," he declared.
According to him, this intervention led the Court to put the matter to a vote. The members of parliament ultimately granted the adjournment requested by the defense, allowing Ismaïla Madior Fall eight days to prepare for his trial.
"You cannot tell someone, 'You are being judged today,' without giving them time to consult with their lawyers," insisted Mr. Ly, recalling that the rights of the defense are protected by law, the Code of Criminal Procedure and international conventions.
The lawyer believes that refusing to refer the case would have violated the rights of the defense and damaged Senegal's international image. He further urged the members of the High Court of Justice to fully exercise their role as magistrates, ruling "according to their conscience," free from any political considerations.
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