2023-04-16 13:36:05
« There is no automaticity between a criminal conviction and a deprivation of civic and political rightss,” says Dr. Mamadou Salif Sané. According to law professor at Gaston Berger University (UGB), Ousmane Sonko cannot be deprived of his civil and political rights during the trial once morest Mame Mbaye Niang.
Misreading of Article 29?
With the apparent reading of the provisions of article 29 and article 30 of the Electoral Code, one can have this idea there, that there is a correlation between the criminal condemnation and the deprivation of rights. But, says the law professor at UGB, it is not up to the criminal judge to deprive Ousmane Sonko.
Indictment of the prosecution
Indeed, for there to be deprivation of civic and political rights, Mr. Sané believes that the public prosecutor will have to request this deprivation from the judge who is called upon to render his verdict. And it is at this moment that Ousmane Sonko or a simple citizen can be deprived of his civic and political rights.
Individualization of sentences
« There is a principle in constitutional law and in electoral law, which is that of the necessity of penalties. For example, a student can be given a 6 month suspended sentence and the judge decides not to smear his criminal record. So, here we are in the principle of individualization of sentences, which is provided for by the declaration of the rights of man and citizens“, he explained this Sunday in Objection on SudFm.
The French example
And today elsewhere in France, he continues, article 7, the counterpart of article 29, has been repealed by the constitutional judge through the priority question of constitutionality, “because the constitutional judge considered that this provision is contrary to the constitution and does not respect the principle of the individualization of sentences”.
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