59. Moreover, the Court is of the view that neither Law No. 811-53 of 19 July
1981 nor the Code of Criminal Procedure, to a less extent, provides for a ban
on going outside the national territory at the preliminary stage of an inquiry or
where the persons concerned
are suspects.
Since criminal
law is interpreted
according to strict rules, Article 33 of the Code of Criminal Procedure invoked
by the Republic of Senegal cannot be applied to the Applicants.
60. Besides, the Court notes that various provisions
of the Code
of Criminal
Procedure were invoked by the Republic of Senegal, namely Articles 12, 33, 53,
59, so as to justify the
measures
adopted
notes that those Articles are related,
criminal
by the
respectively,
Prosecutor.
But the Court
to the functioning
of the
investigations police, and to the role that the officers of the Criminal
Investigations
commission
Department
of offences,
(CID) are expected
and
to play
in cases of abuse
in instances‘
of flagrant
in the application
of measures
for keeping persons in Custody; the said Articles do not ban on the Applicants
from going outside the national territory.
61.
~
The
Court
simply
holds,
in
regard
to
this
Senegal,
while
declaring that the restrictions
issue,
page
justify: a necessity to ensure national security,:
that:
the
Republic
on the Applicants
of
were
el order, public-health.
or public morality, and yet failing to bring evidence to that effect in banning
the Applicants from going outside the national territory, violates their right to
free movement.
REGARDING
VIOLATION
OF
EQUALITY
OF
CITIZENS
BEFORE
THE
LAW
AND
_. BEFORE THE COURTS
62. The Applicants
they
are
cite breach
singled
out,
Parliamentarians,
for
of equality before the law and
as former
Ministers
harassment.
As
far
of the
as
that
outgoing
extent
consider that
regime
of
and
as
suspicion
is
concerned, the Court has no point upon which to rely to examine whether
there {s violation of equality of citizens before the faw, since one stil/ finds
oneself at a preliminary-inquiry
Article 10 of the Universal
of the
International
phase;
but the Applicants
cite
and
rely on
Declaration of Human Rights, Articles 14(1) and 26
Covenant on Civil and Political Rights, Article 3 of the
19
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