CFA Francs, but our attention is focused on those|who have embezzled Billions
of CFA Francs.”
68. The Court equally notes that the Applicants were
not legally assisted
their Counsel during their interrogation by the Police. But the European
of Human
Rights
Salduz
Turkey,
v.
sufficiently
in its judgment
held
effective
that
and
for
of 27 November
the
concrete,
right
as
to
by
Court
2008
in case
concerning
effective
remedy
to
a general
rule,
from
the
remain
very
first
interrogation of a suspect, access to a lawyer must be arranged by the police,
unless compelling reasons exist, by virtue of the specific circumstances of the
case, to withhold such right.
|
:
69. Consequently, the Court holds that the Applicants’ right to presumption of
innocence was violated.
70. When*the
Republic of Senegal affirms that the Applitants cannot blame it
for observing
its international
commitments
and
when
it declares
that
the
acquisition of illicit wealth is an offence and it prescribes a special procedure
for trying such
Qa
Bee
.
an offence,
and also states that in that respect,
it cannot
be
blamed for violation of any of the Applicants’ rights to fair trial, the Court holds
that the dispute between the Parties in regard to violation of the right to fair
trial cannot compel the Court to examine the domestic laws of the Republic of
Senegal as to illegal wealth.
71.
Indeed,
with
reference
October 2008, Hadijatou
to paragraphs
Mani
60 and
61 of its Judgment
of 27
Koraou v. Republic of Niger, the Court affirms
that “It does not have the mandate to examine the laws of Member States, of
the Community in abstracto, but rather, to ensure the protection of the rights
of individuals whenever
such individuals are victims of the violation of those
rights which are recognised as theirs, and the Court does so by examining
concrete cases brought before it ... the Court declares that it cannot overstep
the bounds of its core jurisdiction, which is that of entertaining concrete cases
of human rights violation and sanctioning such where necessary.”
21
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r
fil
: