.png "English version of PASTEF press statement")
Press Conference of the Political Burea of PASTEF Party Senegal - (English language version) on 18th March 2023 - Dakar, Senegal
Saturday, March 18, 2023
"Le Temoin" Editorial on the Ousmane Sonko / Mame Mbaye Niang Libel Trial – by Mamadou Oumar Ndiaye
THE HYPER-EXPENSIVE HONOUR OF OUR FRIEND, PRINCE MBAYE NIANG
Editorial by MAMADOU OUMAR NDIAYE, veteran journalist and
Director of “Le Temoin” newspaper 17 March 2023
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Never before has a libel trial required the deployment of battle tanks and the laying of siege to a defendant's home. Never has a plaintiff had so many privileges as our Minister of Tourism in the face of a defendant, a man blessed by the gods, a golden offspring, a "Coumba Am Ndey" (Refers to a Wolof saying; Coumba am ndey, Coumba amoul ndey – meaning; one rule for one, one rule for the other), a pampered plaintiff. A Senegalese whose "honour", well, we suppose he has some, - is so priceless that one should not even venture to evaluate it. His value exceeds all understanding, all that one can reasonably imagine. This is why, when he intends to wash it away in court, the scales of justice go haywire, tipping outrageously to one side, his own of course, and Themis the goddess of justice goes into a panic. Are citizens equal before the law?
This is rubbish when the citizen in question is called Mame Mbaye Niang, when he is a deputy minister of the Republic and the darling of the First Lady! And when his 'honour' - since he tells us he has some! - is at stake.
In this country, we have seen the Minister of State Abdoulaye Wade (in the role at the time, under President Abdou Diouf) bring a libel complaint against a the "Le Témoin" newspaper and it’s Director Mamadou Oumar Ndiaye. Before that, as a simple opponent, Abdoulaye Wade had brought the late director of the national daily "Le Soleil", Bara Diouf, before the courts and then, in a gesture of grandeur withdraw his complaint at the bar of the court. We saw the wealthy Jean-Claude Mimran take the then all-powerful Sud Communication group to court. We saw the brothers Pierre-Babacar and Mansour, then at the height of their influence, sue a newspaper. Or, the then much feared French publisher Joël Decupper, owner of the magazine Africa, sue Béchir Ben Yahmad, whose newspaper 'Jeune Afrique' was - and still is a leading influencer on the continent.
All these defamation cases were judged by the Senegalese justice system. The law was ruled on, some defendants were convicted, others were acquitted. The fact remains that these trials were held in accordance with the rules of the game, with more or less large crowds, depending on the notoriety of the parties. But never, never, were the defendants and their accompanying lawyers in these defamation cases gassed, manhandled by the police and taken in an almost unconscious state to the courtroom! Never were any of them taken before the judges hand and foot, no matter how powerful the plaintiffs were. Never have their vehicles been carjacked by the police, never have their car doors been broken into, never have they been forcibly removed and transported in Police vans.
Above all, never during all these trials has the economy been paralysed, schools closed, shop shutters lowered, and the city placed in a state of emergency. Never has there been ransacking amounting to billions of francs - Dakar Dem Dikk bus company) alone has estimated its damage at 400 million with three burnt buses and three others stoned -, never has there been a climate of civil war, or at least of insurrection, marked by clashes between young people and the forces of order. None of these legal cases has ever brought our country to the brink of chaos. Never has a libel trial required the mobilisation of hundreds of police and gendarmes, the deployment of armoured cars, the laying of siege to a defendant's home. In short, never before has a plaintiff had so many privileges over a defendant.
The 2024 presidential election, the real stake in an extraordinary trial
In reality, everyone has understood that by choosing to file a complaint against the leader of the opposition and hyper-favourite candidate for the 2024 presidential election, Mame Mbaye Niang does not give a damn about his own honour because what interests him is to have an opponent convicted and his candidacy invalidated. We know such a conviction is not difficult when aware of, let's say, the “benevolence” of our justice system towards the Executive, and the resulting difficulty of escaping defamation suits!
In these conditions, this unusual case with the real issue at stake being whether or not a serious presidential contender can take part in the 2024 presidential election, it is not surprising that the supporters of this candidate are putting up a fight. They are ready to do anything to ensure that their champion is not the sacrificial lamb of the judicial process. Especially when this same Justice has already “slit the throats” of the two candidates (by disqualifying them through convictions) likely to constitute obstacles to the re-election of Mame Mbaye Niang’s boss in the 2019 presidential election!
In any case, the supposed honour of Mame Mbaye Niang is worth more than the combined honours of all the illustrious civil parties mentioned above and is more important than the social stability of this country. Senegal can burn, civil war can take hold, human lives can be lost, infrastructures destroyed, the economy collapsed, properties ransacked... none of this matters as long as the honour of Mame Mbaye Niang is cleared! In Saudi Arabia, we know the super-powerful Mohamed Ben Salman alias MBS, the real holder of the throne, but in Senegal we have Prince MMBN!
Friday, March 17, 2023
Ousmane Sonko evacuated to hospital after Police blockades refused ambulance access
After having been sprayed with an unidentified noxious substance whilst being extracted from his vehicle by Police, Ousmane Sonko, opposition leader has finally been evacuated to hospital affter sufferring serious medical difficulties. His lawyer Cledor Ly who was also sprayed is also in hospital in a critical condition.
This move by the security forces can be seen as a deliberate attempt to compromise Ousmane Sonko's health, well-being and safety, and is being described as an "assassination attempt".
It should be noted that there increasing concern over the indescriminate use of new much more powerful tear gases and sprays. There is no transparancy on what is being used, its country of origin, strengths. In an article in "Science Alert", use of tear gas, which is banned for use in war under the Geneva Convention and classified as a chemical weapon, is mentioned:
"Under international law, any use of force by law-enforcement authorities must abide by the principles of necessity and proportionality, but tear gas is hardly ever used in accordance with such principles."
The sale and trade of tear gas worldwide is largely unregulated, and as a
result, it's often not clear what chemicals exist in each canister, how
toxic these chemicals are, or even whether they've been safety tested
beforehand. The indiscriminate and improper use of tear gas and sprays by the Senegalese security forces is a potential crime under international law and should be investigated, and those giving the guidelines of use held to account.
Thursday, March 16, 2023
Senegal descends into chaos as injustice and opression becomes the status quo
Today will go down as one of the darkest days in Senegal’s history. A country that was once recognised as a role model of democracy has entered a spiral of open dictatorship and open repression.
On the 14 of March, on a visit to Senegal, US Under Secretary for Civilian Security, Democracy, and Human Rights Uzra Zeya, gushingly tweeted that she was “Thrilled to meet Pres. @Macky_Sall in Dakar to discuss shared priorities on democracy, human rights, security… Senegal’s vibrant democratic tradition and efforts to promote peace and prosperity form the bedrock of the flourishing U.S.-Senegalese partnership”. She further tweeted her “Thanks Senegal for continued partnership to promote & institutionalize citizen security, rule of law & respect for human rights principles in law enforcement.”
The irony and misjudgement of Under Secretary Zeya’s statements, could not have been greater in the context of events that unfurled as soon as the door of her plane closed behind her…
On March 14, the day of her statement, something else was also happening in Senegal. The “Giga meeting” of the opposition coalition Yeewi Askanwi brought hundreds of thousands of Senegalese together in an unprecedented protest against President Sall’s suspected intention to breech “Senegal’s vibrant democratic tradition” by going against the constitution and all his past statement, to, to seek a third mandate in the coming presidential elections. They were also protesting against the regimes constant attacks on the main opposition leader and leading presidential candidate Ousmane Sonko and his PASTEF party.
Under Secretary Zeya, as a highly informed member of the US government , would be aware of the accusations made that there are ongoing judicial attempts to exclude Sonko from standing as a candidate (accusation of rape and another of libel). She would also have been briefed by US intelligence services, on the many national and international concerns about the credibility of these charges. Indeed, the Under Secretary had the opportunity to listen the speeches made at the meeting, by ex-prime minister Ms Aminata Toure, ex-Maire of Dakar and presidential candidate Khalifa Sall among others, she would have heard the point that “Macky Sall should not be allowed make Ousmane Sonko into the third credible presidential candidate eliminated through legal means by a judiciary whose political independence has been questioned”
From arrival on the evening of the 14th, Ousmane Sonko was put in an undeclared house arrest with no legal basis or court order. He was denied the ability to leave and no could anyone enter the barricaded zone around his house. In the morning of the 15th He was denied the right to take his son to school and was turned back. Later on that day, when a delegation of National Assembly members, wearing full ceremonial sashes, made an attempt to visit they were shot at with tear gas shells without warning. One National Assembly member, Guy Marius Sagna was injured when a teargas cannister was shot directly at his leg. Members of the press corps (including at least one member of the international press) were repeatedly driven away from the scene with volleys of tear gas. Members of Ousmane Sonko’s legal team and other well wishers were also denied entry attacked with tear gas and in some cases arrested.
The 16 March was the date of a hearing in the libel case against Sonko. The basis of the case is that Mame Mbaye Niang an ex-minister, had been accused by Ousmane Sonko of being mentioned as implicated in a huge corruption scheme by a Government financial control agency report, which Niang denied although he resigned his post at the time.
As Ousmane Sonko, his leading lawyer and security team were preparing to leave to attend the court they were attacked by the security forces who surrounded his house. In shocking and totally illegal and unjustified scenes widely available through live streams, Ousmane Sonko, whilst giving no resistance, was brutally manhandled from first one car and then another, both having their windows smashed. His clothes were torn and both him and his lawyer Cledor Ly were sprayed with an unknown toxic substance. He was then detained in a Police armoured car which drove him to the court. Again journalists were attached with direct shots of tear gas and one of Ousmane Sonko’s security guards was shot in the leg with live ammunition.
At the court, the hearing had to be first suspended and then postponed as both Sonko and his lawyer had to receive medical attention. There are concerns about what substance was used and what long term health effects there may be. Note that as Ousmane Sonko’s passport is confiscated he is denied from being able to travel for specialist help.
Even in the court itself, there are reports of Sonko and members of his legal team suffering obstruction and assault from security services.
It is difficult to see where the Under Secretary’s priorities of peace and the promotion of citizen security, rule of law & respect for human rights principles in law enforcement was left as the whole country has exploded in spontaneous demonstrations as the population express their utter outrage about the days events.
In March 2021, there had also been another attempt to arrest of opposition leader Ousmane Sonko, which led to several days of protests that spiralled into widespread riots and looting, causing 13 deaths, more than 600 injuries, and millions of dollars in property damage.
Today, as the outraged young people take to the streets, they were met, not with attempts by the forces of “law and order” to calm the situation, but with harsh “disorderly” Police enforcement (random, indiscriminate attack using volleys of teargas shells, including into vehicles and houses) accompanied by the same armed militias who caused havoc in 2021 with impunity.
There have been at least two deaths (one in the south of the country where demonstrators were shot at with live ammunition) and multiple injuries so far today (15 march). This figure is likely to rise.
Others might beg to differ with Under Secretary for Civilian Security, Democracy, and Human Rights Uzra Zeya's view or premature pronouncements based on the perception touted by the state. Did she not take for background reading on the flight from Washington as copy of The US State Department’s “2021 Country Reports on Human Rights Practices: Senegal” which said that there are:
“Significant human rights issues included credible reports of: unlawful or arbitrary killings including extrajudicial killings by or on behalf of the government; torture or cruel, inhuman, or degrading treatment or punishment by or on behalf of the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; serious restrictions on free expression and media, including violence or threats of violence against journalists, censorship, and criminal libel and slander laws; serious government corruption.”
As the nation descends into chaos, if it is not too late, the least the Under Secretary can do is to approach her President to mobilise international pressure on Macky Sall to release all political prisoners, drop all restrictions on opposition candidates to stand in the coming presidential elections, and to recognise (as he did in the book he wrote), that he is constitutionally unable to stand for a third candidacy. When the Senegalese people are certain that they will be free to vote for the candidate of their choice in fair and impartial elections, then peace will return.
Wednesday, March 15, 2023
URGENT: Police attack Senegalese National Assembly members and the press corps trying to visit Ousmane Sonko
After Ousmane Sonko, opposition leader was been held in illegal house arrest from this morning, the national assembly member Guy Marius Sagna and several other of his fellow assembly members from the opposition Yewwi Askan Wi parliamentary group came to Cité Keur Gorgui intending to to go to the home of opponent Ousmane Sonko.
They were prevented from reaching Sonko's house by security forces who immediately opened fire on them with teargas shells. One of the of the teargas shells were fired directly at them, and Guy Marius Sagna, wearing his formal National Assembly member sash, received a direct hit in his leg, causing injury.
When the parliamentaries approached the Police lines, lead by the injured GMS, the Police then turned their attention on the press, journalists and camera crews who were deliberately targeted by volleys of tear gas shells to drive them away from the scene. There was no provocation and no demonstrators in the vicinity when they were attacked. The press corps were forced out of the area, preventing them from carrying out their professional duties.
It should be recalled that less than 24 hours ago the US Under Secretary of State Uzra Zeya, on visit to Senegal, had tweeted thanking the Senegalese Interior Minister Antoine Diome on their "partnership to promote & institutionalize citizen security, rule of law & respect for human rights principles in law enforcement".
It would appear that either elements of the Police, and those that command them, were just waiting for the airplane door to close on her to breech all of those principles , or they had received the green light that the US would look the other way. Which is it?
URGENT: Senegal's opposition leader Ousmane Sonko placed under illegal house arrest
Today Senegal's main opposition leader Ousmane Sonko has been placed under illegal house arrest by heavily armed members of the security forces.
Armoured cars, barricades and heavily armed forces have blocked all access roads to his house at Cite Gorgui in Dakar preventing him from driving his son to school.
This measure has been taken illegally without explanation and without any court order. It follows yesterdays massively successive "giga rally" which brought hundreds of thousands of protesters out to make their voices heard against an unconstitutional third candidature for the sitting president Macky Sall in the 2024 presidential elections.
Visitors have been prevented from accessing Ousmane Sonko's residence and he is not being allowed to leave even to take his son to school in clear breech of the basic legal right to freedom of movement. No statement or explanation has been issued by the security forces.
This move also follows unprovoked and repeated attacks by security forces with tear gas on Sonko's convoy as he returned home after the peaceful "giga rally" yesterday evening.
Sendirect TV reported that the member of parliament Guy Marius Sagna has been denied access to visit Ousmane Sonko. He was quoted as saying;
“I inform you that officially President Ousmane Sonko has been illegally placed under house arrest arbitrarily without the order of a judge. I tried a few minutes ago to gain access to Ousmane Sonko's house by all possible access roads. At each police checkpoint I was told 'you cannot access Ousmane Sonko's house'
Guy went on to say "I strongly denounce the illegal placing of the candidate2024 presidential candidate Ousmane Sonko under illegal and warrantless house arrest by President Macky Sall who is seeking to run for an illegal and illegitimate 3rd term and to also determine which candidates can run against him. This will not pass! “
APR militant issues violent threats with impunity against opposition leader Ousmane Sonko
Amadou NIANG a militant of the APR party of Macky Sall made direct threats of violence against President Ousmane Sonko, opposition leader of the PASTEF party, 11 months before the presidential election.
His threat to "burn Ousmane Sonko's house down" was made at a public meeting whilst standing next to the Minister of Youth Pape Malick Ndour. (link)
This is not the first violent threat made by members of the ruling party against the opposition.
Ameth Suzane Camara an APR cadre went on social media to say that "Ousmane Sonko should be killed" (link)
In December a ruling BBY coalition member of parliment threaten the opposition by saying in relation to the coming presidential election "In 2024 we will march on your corpses" (link)
No legal measures, summonses or arrests have been taken in relation to these and other threats, however over a hundred opposition supporters are detained in prison for "opinion crime" - saying something which displeases the regime and includes a leading court journalist and someone who spent months in prison for sharing a satirical post on facebook with an laughing emoji.
President Sall Is Risking Senegal Stability as Gas Boom Nears, Rival Says
Opposition leader Ousmane Sonko addresses a "Giga rally" on 14/03/202 against the 3rd candidature of Mack Sall
From Bloomberg
ByKatarina Hoije and Momar Niang
14 March 2023
As Senegal readies for an oil and gas boom, President Macky Sall is putting the country’s stability at risk by refusing to rule out running for a third term, according to his main political challenger.
Political tensions have risen since the ruling Benno Bokk Yakaar alliance had its parliamentary majority reduced to one seat in a legislative vote in July. Ousmane Sonko, leader of the opposition African Patriots of Senegal for Work, Ethics and Fraternity, or Pastef-Patriotes in French, has been charged with rape in what he says is a case designed to prevent him from running in elections next year. He’s also being sued for defamation in a lawsuit that could see him barred.
While Senegal has never suffered a military coup since independence from France in 1960, unlike many in the region, there’s been political unrest in the past. Sall’s rise to power in 2012 came on the back of nationwide protests against then-president Abdoulaye Wade’s attempt to run for a third term, which is barred by the constitution.
It’s up to the president to “deescalate the situation,” Sonko, 48, said in a March 10 interview in the Senegalese capital, Dakar, referencing deadly riots in March 2021 that followed his arrest for allegedly sexually assaulting and threatening a beauty salon employee. “Let’s hope the actors can come to their senses before we cross the red line.”
Sall, 61, won a run-off vote after the Constitutional Court of Senegal ruled that Wade was allowed to stand because his first term didn’t count under the new constitution
Opposition leader Ousmane Sonko attacked by security forces as US Under Secretary for Civilian Security, Democracy, and Human Rights leaves town
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Following the finish of the Yewwi Askan Wi "Giga meeting" in Dakar today, where hundreds of thousand of people had met peacefully to express their discontent with the Macky Sall government , the cortege of the opposition leader Ousmane Sonko, returning home, was again subject to unprovoked attacked by elements of the security forces with tear gas shells. It should be recalled that a month ago Ousmane Sonko's convoy was similarly blocked and attacked by security forces when returning home from a court appearance. On that occasion his vehicle window was smashed and he was forcibly removed by Gendarmes in order to be take home "for his own safety", images of which shocked viewers around the world.
Earlier on in the day US Under Secretary of State Uzra Zeya on a visit to Senegal tweeted that she had been "Thrilled" to meet President Macky Sall to "discuss shared priorities on democracy, human rights, security, & Senegal’s vibrant democratic tradition".
It remains to be seen what her view will be on such a deliberate breech of Senegal's "democracy, human rights, security, & Senegal’s vibrant democratic tradition" when there are such irresponsible and blatant unprovoked violent attacks by "security" forces. Video footage shows heavily armoured police, mounting roadblocks and firing teargas at and into vehicles peacefully making their way home, including at a passing ambulance and into neighbouring houses.
These attacks follows a meeting yesterday when members of president |Macky Sall's party made threats to burn down opposition leader Sonko's house whilst standing next to the Minister for Youth without any sanction.
Live footage of the attack can be viewed here: https://www.youtube.com/watch?v=fvk7xfOKSzM
Monday, March 13, 2023
Sonko's lawyers threaten to bring Ismaïla Madior Fall to justice
FROM: PressAfrik
by Salif SAKHANOKHO 13 Mars 2023 - 20:01
The legal team of Senegalese opposition leader Ousmane Sonko have released a statement saying that they have noted, with great "indignation" and "dismay", that during a program broadcast on March 12, 2023 on Sud FM, the Minister of Justice, Ismaila Madior Fall, asserted that presidential candidate Sonko had "no right to defame with impunity".
In a press release, Lawyer Bamba Cissé said, on behalf of the legal team, that they believe that “this clear and unequivocal position taken by the justice minister, prior to judgement in the case, can clearly influence public opinion on this affair. Thus the statement undermines the integrity of the judicial procedure, neutrality, and the principles of the presumption of innocence inherent in an even-handed and equitable distribution of Justice.
The defence team stresses the urgent need to ensure a "fair" and impartial trial for the defendant who is main opponent of the current sitting President with less than a year to go before the February 2024 presidential elections.
The defense lawyers "vigorously" denounced this umpteenth departure from legal impartiality which, they noted, will not in itself have legal consequences.
Sunday, March 12, 2023
French Relations Did Senegal's Macky Sall Fund France's Marine Le Pen?
FROM: The Republic
Hillary Essiennmarch 12 March 2023
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Ahead of her trip, Le Pen wrote in the French newspaper L’Opinion, saying her visit ‘can become the two driving forces behind a rediscovered relationship of trust between Europe and Africa.’
On Friday, Senegal’s former prime minister Cheikh Hadjibou Soumare was taken into custody and charged with libel after he asked if President Macky Sall had provided funds to French far-right National Rally leader Marine Le Pen. Soumare’s lawyer, Mame Adama Gueye, told AFP that Soumare had been charged with libel and spreading ‘false information’ before being released on bail.
In an open letter, Soumare—who served as budget minister and then prime minister from 2007 to 2009 under former president Abdoulaye Wade—asked Sall whether he had donated 12 million euros ($12.7 million) to Le Pen, who was unnamed in the letter, but was described as a ‘French political figure’ whose party is distinguished ‘by hatred and rejection of others’.
Soumare asked: "If by any chance all of this were true, please enlighten the Senegalese people as to whether you acted as president of the Republic of Senegal or as a leader of a political party and with what money."
Soumare’s letter followed a meeting between Sall and Le Pen in January. It was her first trip abroad since she lost the presidential elections in April 2022 and has been perceived as laying the groundwork for her presidential aspirations in 2027. In the first round of the 2022 polls, Le Pen won 6.09 per cent of the votes of French nationals in Senegal, against 38.40 per cent for Jean-Luc Mélenchon and 33.68 per cent in favour of Emmanuel Macron.
Senegal maintains good relations with France; in December, both countries signed agreements focused on youth development to bolster further cooperation between them. Ahead of her trip, Le Pen wrote in the French newspaper L’Opinion, saying her visit ‘can become the two driving forces behind a rediscovered relationship of trust between Europe and Africa.’
The meeting held in Sall’s presidential palace in Dakar and was the last stop in her three-day visit. Le Pen met with members of the Eléments Français au Sénégal (EFS), the French armed forces in the country, and visited farms and two hospitals. She also visited the island of Gorée, where there is a museum and memorial to the victims of the Atlantic slave trade.
Le Point quotes Le Pen as saying: "It is very important not to lose contact with Africa. I wanted to start by going to Senegal, which is a pivotal country on the continent, says Marine Le Pen. The vision that I carry is not only a Franco-French vision. It is also a vision of France in the world. It is important to be able to confront it abroad."
In a statement by government spokesman Abdou Karim Fofana, Sall’s government condemned the letter. While the allegations remained unaddressed, Soumare’s claims were dismissed as:
"…cowardly and baseless insinuations, which clearly demonstrate an evil desire to discredit the person of the president of the republic, to undermine the institution that he embodies and to harm relations between Senegal and a foreign power."
Le Pen’s visit and Soumare’s arrest were met with criticism by Dakar’s political elite; former prime minister Aminata Touré, who is running for president at the 2024 presidential elections, condemned the meeting, describing Le Pen on Twitter as ‘the embodiment of racism and xenophobia’. Touré also called for Soumare’s release.
In the letter, Soumare also asked if Sall, elected in 2012 and re-elected in 2019, planned to delay the presidential elections in February 2024. While a third term would be unconstitutional, the recent crackdown on opposition candidates has roused suspicion locally and internationally. In February, the opposition leader of the Patriots of Senegal party, Ousmane Sonko, was detained amid a trial for defamation after he accused the tourism minister, Mame Mbaye Niang, of corruption. Sonko also faces rape charges that if convicted would see him face up to ten years in prison and render him ineligible to run for president.
On Saturday, there were protests in Paris to denounce Sall’s attempt at running for a third term. However, the Senegalese president, who is also the president of the African Union, has been silent on whether he would be seeking a third term in 2024⎈
Case of journalist Pape Ndiaye: The Minister of Justice intervenes into an on-going legal case
by Pierre Dieme March 12, 2023 - 2:27 pm
After his arrest followed by his transfer to the prison of Sébikotane, the case of journalist and court reporter Pape Ndiaye appears to be becoming more complex. This is if we can assess the intervention of the Minister of Justice, Ismaïla Madior Fall, who made comments justifying the arrest live on Sud Fm.
During the Sud fm broadcast the Minister commented on the on-going legal case by dismissing the statement of the journalist (which lead to his arrest, in which he had mentioned the opposition of 19 deputy prosecutors to the continuation of the case against opposition leader Ousmane Sonko by the Chief prosecutor) by stating that Pape Ndiaye's statement was “False, there are 11 deputy prosecutors”,
Ismaïla Madior Fall went on to state that he finds the arrest of Pape Ndiaye very normal. “There are a lot of columnists, why was it that is was only him who was arrested? His remarks undermined and discredited the reputation of magistrates, and he refuses to divulge his sources"
It should be remembered that the charges against the journalist are
- Incitement to of a crowd
- Contempt of court
- Intimidation and reprisals against a member of the judiciary
- Speech discrediting a judicial act
- Dissemination of false news,
- Endangering life others
according to his lawyer Me Sarr.
The journalist is currently being detained on remand
in the Prison Sébikotane.
FREE PAPE NDIAYE – SENEGALESE WALF TV JOURNALIST
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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