Thursday , June 30 2022

Karim Wade: between the hammer of the law and the urns anvil



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The Democratic Party of Senegal (PDS), the last political party in power, as its candidate for the presidential election of 24 & # 39; February 2019 Mr Karim Wade. Its activists are on the ground to collect the maximum & # 39; sponsorships to meet the new constitutional and legal requirements of Senegal. However, sand is legal policy engine because this candidate stand is welcome b & # 39; & # 39 criminal sentence; 6 six years imprisonment and a fine of & # 39; 138 billion CFA F of the Court & # 39; illicit enrichment repression (Crei). Graced by & # 39; presidential decree, the payment of the sum due is still paid to the Treasury. However, a few days ago, the supporters of Mr. Karim Wade, following a report issued by the Committee of the UN Human Rights on 22 & # 39, October 2018 and notified the State of Senegal, asking the annulment of the judgment of & # 39; Crei and the reopening of the process on the basis of the recommendations of the UN body.
"When everything merged and amalgamated, we reach the boundaries of & # 39; the abyss", they say. Since the beginning of & # 39; this istalking of & # 39; property acquired bad, many missed the mark by confusing semantics of illicit enrichment, blocking & # 39; public funds and theft. It also led to the description of & # 39; & # 39 Crei be; character other than its own, and finally misusing the UN Committee.
Firstly, the misappropriation of public funds and theft are issues & # 39; law. Their legal regime requires that the burden of proof no doubt depend on the accused, the victim and not the alleged perpetrator. The illicit enrichment, instead of fact & # 39; law, it is legal situation. It is the law of the Institute a Crei to taffermaha. Unlike the UN experts claim that the Crei created to try Mr. Karim Wade in 2012, was the 81-54 law of 10 & # 39; July 1981, under the regime a & # 39; Abdou Diouf, who gave birth to him. . But it is the law 81-53 of 10 & # 39; July 1981 on Crei, in article 3, which refers to Article 163a of the Penal Code, which defines what is illicit enrichment. For it & # 39; the last, "the offense of & # 39; illicit enrichment is constituted when, after simple notice, of the above mentioned persons – holder & # 39; office elected or & # 39; governmental function, … – can not do it. to justify the legal origin of the resources that allow it to be in possession of & # 39; heritage or perform way & # 39; unrelated to his legal income life ". Thus, a legal situation (impossible to prove the legal origin of the property and / or lifestyle), illicit enrichment can & # 39; caused by acts & # 39; money laundering, bribery or theft, all features of economic crimes. These facts may be reasons for illicit enrichment but not components. That is why the alleged perpetrator is in & # 39; his innocence hands and not guilty, not the accused.
U & # 39; far from special jurisdiction, foregoing shows that Crei is specialized jurisdiction to judge only one type of & # 39; and no offense category & # 39; alleged perpetrators, as were the special courts, and juvenile courts or courts-martial.
These terminological all gray areas, not knowledgeable in the UN Committee before made their report, abused by supporters & # 39; Karim Wade. Moreover, the only remedy possible after the verdict & # 39; Crei is the appeal in cassation provided for in Article 17 of Law 81-54 which says: "The judgments are subject for cassation beyond that, affected by the authority & # 39; res and remain definitive. Thus, no longer subject to national or international action.
Therefore, to invoke the review, or even the continuation of & # 39; case has already been judged by & # 39; definitively and legally upheld by the power authority judged not work with & # 39; special way since UN -korp m & # 39; has power to influence national law and m & # 39; there is no jurisdiction, let alone supranational judge.
In turn, its decisions m & # 39; have legal value and binding force. Finally, in law, the Committee of Human Rights UN m & # 39; has power & # 39; aside and did not change with the Crei ruling condemning Mr Karim Wade in 23 & # 39; March 2015. The committee simply did not commit a manifest error of & # 39; evaluation, which is a process & # 39; review in administrative law, but an obvious error & # 39; judicial organization appreciation of Senegal and criminal law.
The pardon Mr Karim Wade by the President of the Republic comes & # 39; under the constitutional prerogatives of & # 39; it & # 39; last. However, she was cautious and limited the term of & # 39; imprisonment. Like all Senegalese, is free to use and abuse its constitutional right to travel to participate in & # 39; election. However, the fine & # 39; 138 billion FCFA to pay to the Treasury is still due. The result will be reserved for him after his return is the exclusive jurisdiction of justice – whether by force or not and Parliament for a possible amnesty. Any other authority want to go too simply expressing a desire. The amnesty is determined only by & # 39; law passed by the National Assembly, which certainly can & # 39; have a home with government & # 39; parliamentary term or b & # 39; draft & # 39; law. For coercion, the freedom judge can only & # 39; jinkweta or let anyone especially when one is in a state of & # 39; law and must remain & # 39; Senegal.
"Predicting the future is misleading or misled" had already warned our Bantu ancestors.

Mouhamadou Sy Mounirou
Master of Public Administration Law
University & # 39; Thies

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