2024-06-04 08:30:50
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After the pleadings and requisitions of the attorneys of the civil celebration and the Public Prosecutor within the trial of the occasions of September 28, 2009, the protection attorneys constituted on this case in flip started the pleadings this Monday, Could 27, 2024 earlier than the Court docket prison from Dixinn relocated to the Court docket of Attraction of Conakry.
In a protracted pleading, the lawyer for the previous Minister of Well being and Public Hygiene, Colonel Abdoulaye Chérif Diaby, knowledgeable the court docket that his shopper right here current is being prosecuted, amongst different issues, for complicity in kidnapping, sequestration, torture of demonstrators, the provisions of article 333 et seq. of the Code of Felony Process aren’t additionally constituted, he mentioned.
Persevering with, he instructed the court docket this: “When you find yourself in your secret deliberation, suppose, Mr. President, take into consideration these questions: The primary, is that inside the which means of Article 3, paragraph 4 on this which issues the offenses of failure to help an individual at risk and willful assault and battery, is there no cause to retain the statute of limitations? The reply is sure.
Second query, the details of non-assistance to an individual at risk with regard to the regulation, in view of the demonstration which was made by the protection and on the idea of the referral order, the actions taken by Colonel Chérif Diaby , is he responsible? The reply isn’t any.
The acts of willful assault and battery alleged towards him in view of the shortage of proof, the fabric and even ethical impossibility of committing this offense in view of the shortage of constitutive component, can we settle for it? for acts of willful assault and battery, the reply isn’t any.
The next offenses, complicity in participation within the kidnapping, kidnapping, torture of demonstrators, are these provisions of article 303 of the penal code constituted? The reply isn’t any,” he clarified earlier than this court docket.
Lastly, Me Bombi Mara recommends: “So, if you notice that the details alleged towards Colonel Abdoulaye Chérif Diaby don’t represent offenses as cited, you’ll profit him from the provisions of article 544 of the code of prison process. Mr. President, if the court docket considers that the act prosecuted doesn’t represent any offense beneath prison regulation or that the actual fact will not be established or that it’s not attributable to the accused, it sends the latter for the needs of the prosecution for unconstituted offence,” he knowledgeable the court docket.
Mamadou Yaya Barry