Affaire Khalifa SALL : l’État du Sénégal subit un revers judiciaire devant la Cour de la Cedeao

Saisie par la défense du maire de Dakar, la Cour de justice de la Communauté économique des États de l’Afrique de l’Ouest a estimé vendredi que les droits de Khalifa Sall et de ses cinq coaccusés avaient été violés.

L’édile avait été condamné fin mars à 5 ans de prison ferme dans l’affaire de la caisse d’avance de la mairie de Dakar.

La Cour de justice de la Cedeao vient de provoquer un rebondissement inattendu dans l’affaire Khalifa Sall. Moins de deux semaines avant l’ouverture du procès en appel du maire de Dakar et de ses coaccusés, le 9 juillet, les juges de la Cedeao ont estimé que « le droit à l’assistance d’un conseil, le droit à la présomption d’innocence et le droit à un procès équitable des requérants ont été violés ».

Saisie par la défense du maire, la Cour de la Cedeao était appelée à se prononcer en urgence sur le respect des procédures judiciaires qui ont conduit à sa condamnation à cinq ans de prison ferme. Accusé d’avoir profité de ses fonctions pour détourner 1,8 milliard de francs CFA de la régie d’avance de la mairie de Dakar, Khalifa Sall avait  été déclaré coupable « d’escroquerie aux deniers publics », « faux et usage de faux dans des documents administratifs » et de « complicité en faux en écriture de commerce ». Un jugement qualifié de « politique » par les soutiens de l’édile.

Une détention « arbitraire »

Dans leur décision, les juges de la Cedeao ont également estimé que « la détention de Monsieur Khalifa Sall, entre la date de la proclamation des résultats des élections législatives par le Conseil constitutionnel, c’est-à-dire le 14 août 2017, et celle de la levée de son immunité parlementaire, à savoir le 25 novembre 2017 est arbitraire ». Le maire de Dakar avait été élu député depuis sa cellule de prison lors des dernières législatives. Sa défense avait alors argué son immunité parlementaire, ce que la justice sénégalaise lui avait refusé. Finalement, les députés avaient été appelés à voter, en novembre 2017, la levée de son immunité parlementaire.

Autre disposition du jugement : la condamnation de l’État du Sénégal à payer aux requérants la somme de 35 millions de francs CFA à titre de réparation. Une condamnation censée être immédiatement exécutoire.




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