6. That Decree No. 2012-502 of 10 May 2012, on appointment bf members
of the anti illegal-wealth court, was adopted
92-918
of 17 June
members
1992
of the court
in violation of Decree
No.
relating to modalities for the appointment
and
the functioning
Supérieur de la Magistrature,
mechanism of the
of
Consei/
in that the said Conseil Supérieur de Ia
Magistrature was not consulted beforehand. The Applicants asserted:
7. That the Republic of Senegal thus put in place an illegal court, as far as
Senegalese
law is concerned,
so as to fulfil its own
the pretext of fighting against ill-gotten wealth,
plan, which,
was
under
to persecute
the
opponents of the:new political regime in place, by employing the judicial
_apparatus. |
8. That
the
persons
targeted,
namely
Oumar Sarr, Samuel Amete
Karim
Sarr, Madické
Wade,
Ousmane 'N’Gom,
Niang and Abdoulaye
Balde,
all former Ministers of the Republic of Senegal, have been subjected to
discrimination
and acts of persecution on a daily basis by way of threats
of prosecution
and fortuitous accusations
originating from
the highest
echelon of the Republic of Senegal, in manifest violation of their rights to
A —— #4
pr@s@ iption
of innocence,
fair trial,
governing the rule of law.
and the :féaat2i:mentalprinciples -
|
9. That they were either frequently summoned for questioning by agencies
of the Criminal
Investigations
Department,
not qualified to do so, and_
having no authority to hear Ministers; or else, they were forbidden from
going
outside
decision.
Therefore,
the
national
territory,
without
any
legal
basis
or court
©
that
was
the
reason
why
they
asked
the
Court
for
an
expedited procedure and a ruling on various interim measures.
10. The
Republic
of Senegal countered
these
claims
on
the
ground
that |
there is no imminence of.a serious and irreparable harm.
11. By Interim Ruling of 22 January 2013, the Court granted the Applicants’
request for expedited procedure;
|