CHRONIQUE DE PAPE NDIAYE
L’arrestation de Ramatoulaye Diallo alias «Déesse Major» a soulevé une levée de boucliers. Des réactions ont fusé de toutes parts. Plusieurs franges de la société ont déploré sa mise aux arrêts, même si certains n’ont pas manqué de fustiger son mode d’accoutrement qui, à la limite, frise l’indécence. Sa garde-à-vue de trois jours dans les locaux du Commissariat central de Dakar a donné lieu à des dérapages de toutes sortes de la part de ses inconditionnels qui ont proféré des insanités à l’endroit des enquêteurs, dont le seul tort a été de donner suite à un soi-transmis du procureur, le patron de la police judiciaire. Feuz est même allée jusqu’à défier la Justice, en estimant qu’elle allait faire pire que Déesse Major, à la fin du Ramadan. Même des intellectuels – certainement attirés par les rondeurs de la belle, charmante et sulfureuse rappeuse – sont tombés dans le piège.
La plupart des défenseurs du mis en cause se sont arcboutés sur le fait que les faits ont été commis dans un cadre privé. Mais ils oublient l’affaire Goudi town où la Justice ne s’est pas seulement intéressée au diffuseur de la vidéo sur le net. Mais on peut considérer qu’une sorte de circonstance atténuante a valu à certains d’entre eux une «mise en probation», un mode d’aménagement des peines prévues par l’article 44 alinéa 2 du Code pénal, tout comme le sursis, la probation, le travail au bénéfice de la société, la semi-liberté, le fractionnement de la peine ainsi que la dispense de peine et l’ajournement. Dans le passé, il y a eu l’affaire des lesbiennes de Grand-Yoff, le mariage des homosexuels de Mbao dont les faits mis en cause se sont déroulés dans un cadre privé. Mais, cela n’a pas empêché à la Justice de sévir contre cette forme de licence des mœurs. L’affaire Diombasse, les histoires de sexe arrosées d’argent et les autres cas similaires sont toujours gravés dans les annales des archives judiciaires et font jurisprudence.
L’affaire Déesse Major n’est pas sans susciter des interrogations. Primo : Pourquoi la Justice ne s’est pas autosaisie dans d’autres cas d’atteinte aux bonnes mœurs ? Secundo : pourquoi la piste de la personne ayant diffusé l’image «choquante» sur le net n’a pas intéressé les enquêteurs, comme ce fut le cas dans les précédents cas ? Tertio : qu’est ce qui explique le fait que le procureur ait attendu des plaintes pour sévir ? Quarto : pourquoi la croisade contre le libertinage, déclenchée par le Comité de défense des valeurs morales, n’élargit pas son combat pour s’attaquer aux films à caractère pornographique diffusés sur les bouquets, les danses obscènes diffusées partout sur le net, les «Sabar bou rakh», «Oubil mbarka ndiaye» ou encore «Wanema sa béthio» ?
L’affaire Ramatoulaye Diallo (son nom à l’état-civil) repose le débat sur la définition des délits d’«outrage aux bonnes mœurs» et d’«attentat à la pudeur» (article 318 et suivants du Code pénal). Pour ces catégories d’infractions, le législateur prévoit les peines applicables aux personnes déclarées coupables, sans réellement donner une idée du contenu de ces infractions. C’est le cas pour les lois dites liberticides telle l’«offense au chef de l’Etat». Autrement dit, la difficulté qu’il y a à s’assurer du sens exact de la notion, et de manière beaucoup plus générale des attentats aux mœurs, réside dans le fait que le législateur sénégalais ne définit pas souvent les termes qu’il incrimine. Ce qui fait qu’aucune loi ne règlemente le mode d’accoutrement des individus de sexe féminin. Voilà pourquoi certains analystes de la chose judiciaire considèrent que l’affaire Déesse Major constitue un prétexte pour… réviser la législation en ce sens. Aujourd’hui, même si le dossier a subi un enterrement de première classe, par le biais d’un classement sans suite décidé par le procureur de la République, son incarcération de trois jours a servi d’avertissement à tous ceux qui seraient tentés de suivre les pas de Déesse majeur.
Par Pape NDIAYE
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