From: Open Gambia 4th March 2023
Another journalist detained, another assault on press freedom, another crack in Senegal’s reputation as a democracy.
Respected legal columnist, the Walf TV journalist Pape Ndiaye was detained in police custody on Friday 3rd March in Dakar. The reason given for his arrest was given as being for "spreading false news" and "contempt of court". The arrest follows a broadcast by Pape Ndiaye on Walf TV’s breakfast show!
During this broadcast Ndiaye revealed shocking new news in relation to the Ousmane Sonko “sweet beauty” case. What he revealed was that the Prosecutor’s decision to refer the case for prosecution to the criminal chamber was made despite the fact that on two occasions the 19 deputy prosecutors reporting to him had requested that the charges against opposition leader Ousmane Sonko be dropped through lack of evidence.
It should be remembered that in this case the official medical report from a leading gynaecologist dismissed the act of rape or indeed any sexual relations at the time, there are no witnesses for the prosecution, the alleged victim having made a wide range of contradictory statements (including leaked audios denying the alleged rape) and overwhelming evidence supporting the allegation of a plot against the opposition leader. Ndiaye reported that despite the concerns of the 19 deputy prosecutors the prosecutor twice insisted in over-riding their concerns and referring the case to the criminal court due to the express “desire of Macky Sall”.
In the programme Pape Ndiaye also discussed the lack of independence of the Senegalese judiciary from political interference due to the control of career progression and postings within the judiciary being dependent on decisions of the Executive. He outlined a number of concrete examples of how some judges renowned for their independence, especially in relation to the Sonko case, had constantly been side-lined and subjected to “punishment postings” (postings in geographically distant courts or to courts outside their specialisms), whereas those favourable to the outcomes desired by the regime are promoted beyond their competence. He gave evidence that the issues of punishment postings and executive interference in the justice system had been raised in a report from judges themselves.
These are very legitimate issues for an investigative legal journalist to address, especially in the context of the acres of print and hours of discussion on this case, and the implications of the potential elimination of the front runner in the 2024 presidential election. The concept of “contempt of court” in this case is blatantly ridiculous given the saturation coverage of every single detail and allegation of the case
According to reports (Liberation newspaper), during the police interrogation Pape Ndiaye was asked by the investigators to reveal his sources, something that he refused to do. It should be noted that the IFJ Global Charter of Ethics for Journalists, reinforced by international and many national laws, states that; “The journalist shall observe professional secrecy regarding the source of information obtained in confidence”.
It is worrying that increasingly the freedom of the press is under attack in Senegal. It is equally worrying that there is the use of detention before trial as a means of silencing journalists who express uncomfortable views and expose inconvenient truths. Attacks on press freedoms are like a virus, borders are no barriers. Once established in one country it is only a matter of time before its neighbours start to follow the same paths to eliminate the journalistic thorns in their flesh. This is why we say “FREE PAPE NDIAYE” and “Solidarity with Senegalese journalists under attack”
From our Dakar Correspondant
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