Mimi case, amnesty, 3rd term: lessons from IMF – Lequotidien

The Minister of Justice, Professor Ismaïla Madior Fall, is for the forfeiture of the mandate of deputy of Aminata Touré, who posed a set of “objective elements, which are assimilated to a resignation on his part from the Coalition Benno bokk yaakaar “. He also raised the question relating to the amnesty bill from which Karim Wade and Khalifa Sall should benefit.

By Aliou DIALLO – Aminata Touré must be stripped of her mandate as a deputy, declares the Minister of Justice, Ismaïla Madior Fall. According to him, there is a set of objective elements that amount to a resignation on his part from the Benno bokk yaakaar Coalition. “If Mrs. Aminata Touré considers herself as not registered, if she decides by her behavior, by her attitude, by her speech and by her vote, to stand up once morest the majority, she is no longer part of the majority. In other words, if she combines behavior by speech, by attitude, by positioning, by voting, like someone who is not part of the majority, she must be removed from her mandate as a deputy, ”a supported the Keeper of the Seals. Yesterday’s guest of the Iradio Sunday Jury believes that the Constitution is clear. “Any deputy who resigns from his party automatically is stripped of his mandate. Now the resignation is not only the formal act of resignation, but one can from his behavior, his attitude, his speech, his remarks, show that one has resigned”, quotes the constitutionalist.

On the debate relating to a possible amnesty announced by the Head of State, which would concern Karim Wade and Khalifa Sall, Professor Ismaïla Madior Fall thinks that the paths which are essential and which seem possible to envisage, it is the modification of the Electoral Code. Which, according to him, will allow these people to regain their right to be voters and to be eligible. The concerned contest and claim that they are not plaintiffs. “There are acts which are provided with non-contestability, because said by a judge. So it is this path of law that allows people to regain their rights, but without being reproached for absolving us of the offense of embezzlement of public funds or illicit enrichment, and then there is the path of amnesty also which is possible”, retorts Professor Ismaïla Madior Fall. The latter is of the opinion that apart from the modification of the Electoral Code, there is also the path of amnesty which is possible. He says: “The characteristic of amnesty is also that it allows social appeasement. She also has a goal of reconciliation, of turning the page. In amnesty, we also forget, we erase convictions, we even erase offenses.

On the same platform, Professor Ismaïla Madior Fall declared that in the history of Senegal, there has never been an amnesty applicant, to his knowledge. Amnesty is a general and impersonal law, according to the Minister of Justice. A response to Khalifa Ababacar Sall who clarifies that he is not a plaintiff.

“No objective elements to consider a review of the trial” of Karim
In the same vein, he responds to Karim Wade and his supporters of the Senegalese Democratic Party (Pds), who are demanding a review of his trial following his conviction by the Crei (Court of repression of illicit enrichment) for illicit enrichment at 6 years old. imprisonment and a fine of FCfa 138 billion. “Objectively, I do not have at my disposal elements which allow to consider a revision. The offense of illicit enrichment has been confirmed by all jurisdictions. These are decisions bearing the authority of res judicata that no body, even international, might remove. That is obvious and as we speak, there are no objective elements that allow us to consider a review of the trial, ”suggests Professor Ismaïla Madior Fall. He specifies that the sentence can be much more severe in the event of a review of the trial. Moreover, the man who signs his return to the Ministry of Justice reassures that there is no hidden agenda, he is not on a mission for a third term of the Head of State. Many Senegalese believe he is back in this ministerial post to defend President Macky Sall’s third candidacy for the 2024 presidential election.

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