Regarding violation of the Applicants’ privilegés and immunities from
being sued before court and from prosecution
38. The
Defendant
inquiry,
and
State
that
affirms
none
of the
that
it was
Applicants
carrying
were
out
a
preliminary
remanded
or
held
custody. That at the preliminary phase of the said inquiry, there
question
whatsoever
court or from
brought
That
prosecution;
under
at that
brought
of privileges
house
stage,
or immunities
from
and that it is only when
arrest that a judicial
i.e. of a preliminary
may
sued
to
commence.
if the justifications
by the Applicants are sufficient, the Special
definitively strike out the case, whereas
is no
the Applicants are
procedure
enquiry,
being
in
Prosecutor shall
it is only in:the contrary case
that the Special Prosecutor shall transmit the case-file to the competent
authority for legal proceedings to be instituted.
Regarding violation of the principles of separation
of powers
and
of
constitutional convergence
39. The Defendant State stresses that the Applicants do not demonstrate
to the Court that Senegal violated the,principle
of separation of powers.
They plead before the Court that the Anti Illegal-Wealth Court was never
scrapped;
that
the! President
of the
Republic
only
made
a
Decree
appointing members to the court; that the Decree did not create a new
court since the said court was never removed from existence.
40. As to the alleged harassment claimed by the Applicants, the Defendant
State affirms that the Applicants are under obligation to give account of.
the
management
of the
ministerial
portfolios
assigned
them
and
the
utilisation of public moneys thereof, in line with the tenets of all forms:
of good governance.
Regarding violation of the right to freedom of movement
41.The
Defendant
State
application of this right,
among
them
being
affirms
that
regardless
of the
wide
scope
of
it still comes under numerous exceptions, chief
restrictions
relating to the
safeguarding
of public
order, public safety and public health. Relying on Article 12(1) and (2) of
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