~ AS TO THE MERITS OF THE CASE
IN TERMS OF THE APPLICANTS’ SUBMISSION
Since the pleading of the facts of the case had already been done by the
Applicants, they made the following pleas in law:
I.
VIOLATION OF THE APPLICANTS’ POLITICAL RIGHTS
17. The Applicants stressed that the violation of their political rights arises
from the fact that they were summoned
for hearing in court and that
proceedings were instituted against them,
pte
in disregard for the political
rights they are entitled to as former Ministers, for some of them, and as
Parliamentarians,
for others,
to, wit,
that.
there
is violation
of their
functional immunity and their privilege of exemption from prosecution,
as enshrined in the Constitution of Senegal, which is the source law for
the Haute
Assembly
Cour de Justice and the Rules of Procedure
of Senegal. They
also pleaded
that there
of the National
is violation
of the
principles of constitutional convergence.
being: sued to court
reand
from prosecution
-
18. The Applicants averred that charges have been brought against them on
the basis of Law No. 81-53
of 10 July 1981
relating to the Combat
of
Ilegal-Wealth.
That they had all exercised the functions of Minister of the Republic of
Senegal under the former regime.
19. That
Article
immunity
against
exercise
101
of
the
Constitution
from
prosecution
and
persons
criminally
liable
of
their
ministerial
of
debars
for
Senegal
the
institution
offences
functions,
or
confers
of proceedings
committed
in
an
on: them
during
instance
of
the
the
performance of such function. Their written pleading stated thus:
That “The Prime Minister and the other Members
be criminally liable for acts engaged
of Government
shall
in while exercising their functions