2024-05-17 09:14:24
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Confronted with arbitrariness, injustice and widespread impoverishment in Guineaought to we proceed to stay silent?
The CNRD army regime Who seized energy in September 2021swore with hand on coronary heart to doof justice “the compass that can information each Guinean”. Greater than two years outdated train of energy, the junta has reneged on its commitments. Arbitrary arrests and imprisonments have multiplied, judicial proceedings shortened, freedoms of expression and communication are sacrificed, and many others.
The scenario of the CRIEF, its disastrous file, its operation caporalized by the megalomaniac delusions of a prosecutor, its belligerent relationship to the legal guidelines of our nation and the worldwide conventions subscribed to by Guinea, should problem the conscience of the residents that we’re.
Along with the betrayal of the unique promise, the CNRD, via its justice, is right now betraying the values of respect and humanity which characterize Guinean society. Confronted with fathers who’re dying slowly however absolutely in unlawful detention, the human face of justice and our society is sacrificed. The cardinal precept of the rule of regulation, specifically the presumption of innocence, is being trampled to the bottom below the altar of judicial populism. Worse, now there’s solely a presumption of guilt within the authorized information in regards to the former leaders of the outdated regime. Even the necessities of article 236 of the code of prison process concerning pre-trial detention are irrelevant on the subject of Kassory and his companions in misfortune.
Confronted with this alarming human rights scenario, it’s time to invoke the precept of Habeas Corpus for these prisoners earlier than the best court docket of our nation, the Supreme Court docket. Certainly, this rule of regulation ensures an arrested individual a speedy presentation earlier than a choose in order that he can rule on the explanations for his arrest, failing such a step, the pure and easy abandonment of the proceedings. This rule of Habeas corpus relies on the truth that, even when detained, an individual will not be with out rights. In software of this rule, which is already enshrined in Guinean constructive regulation via the preliminary article paragraph 5 of the code of prison process “any individual suspected or prosecuted is presumed harmless till his guilt has been established. Violations of the presumption of innocence are prevented, repaired and punished below the circumstances supplied for by regulation. ».
The time has come for the attorneys of those political detainees to withdraw from any proceedings after submitting a request to this impact to the Supreme Court docket if it doesn’t apply the regulation.
Additionally it is the take a look at of reality for the brand new Minister of Justice who promised to revive all its the Aristocracy to Guinean justice. Historical past will choose everybody for what they did or didn’t do after they have been in cost.
Alexandre Naïny BERETE, lawyer