The 4" Plaintiff avers, that on the 7" of February 2013, he was arrested and
unlawfully detained on the grounds of researching and preparing an article relating
to
the
actions
taken
by
Major
Lamin
Touray
against
the
execution
of nine
condemned prisoners. He was detained in an isolated room and physically tortured
with brutality by the NIA to the point of being hospitalized. After his discharge from
the hospital, he was
charged
with producing
and possessing
publication with
seditious intentions contrary to the criminal code. Being refused bail pending trial,
he was transferred to an overcrowded cell and was held in state custody for 17
months until the end of his trial at which he was acquitted.
The fear of further prosecution and injustice being afflicted on the 4" Plaintiff, forced
him to go into exile, and he now resides in Dakar, Senegal.
The Application was later amended to include the S” Applicant as a party.
The Applicants aggrieved by the alleged acts of the Defendants have filed this suit
for the enforcement of their fundamental rights as guaranteed under the African
Charter on Human and Peoples Rights, and International Convention on Civil and
Political Rights.
The Defendant upon receipt of the claims so filed against it, filed a preliminary
objection dated 4" January 2016 raising the following issues:-
Tit