The Court detects a degree of inconsistency in the written pleadings of the
Applicant. On one hand, the Applicant claims that “in the course of the hearings
and interrogations, no recorded telephone conversation was tendered in court
against him” (page 3 of Application); but on the other hand, he pleads that “the
trial proceedings is going to be exceptionally and fully furnished with the
transcriptions of the telephone conversations” (page 3 of Application).
Mr. Djibril Yipéné Bassolé’s Application, at any rate, makes reference to those
conversations, but as a means of corroborating the existence of same, he defers
to newspapers meant for the general public, which themselves are not assertive
enough of the statements made on the subject; thereby, he even defers to mere
“rumours”. This last word (i.e. “rumours”) is often resorted to in the written
pleadings of the Applicant, and as frequently used as the word “press”. No
particularly exact court process is filed in the case-file in respect of the alleged
telephone conversations. The impression of uncertainty and perplexity is
reinforced by the Applicant himself, who paints a picture which only seems to
“suggest” that there may have been “a fabricated court process dating back to
… whoever knows” (page 4). In other instances, the Applicant uses the
conditional tense – a tense denoting uncertainty – in speaking of his alleged
recorded telephone conversations, as on page 6, where he again writes that:
“The disputed recorded telephone conversations may have been carried out
from 17 September 2015 onwards.”
The Court must admit that this leaves a huge gap to be filled in the case; the
Court finds that the case-file does not contain any decisive pleading which may
provide evidence for proving that the said telephone conversations had any
effect on the Applicant’s criminal status, to any such extent that may warrant
that the Court pay any particular attention to his case. The issue of the recorded
telephone conversations is surrounded by shadowy images and conjectures,
opacity and approximations, preventing the Court from making any
pronouncements thereupon. Nothing was produced before the Court
concerning the telephone conversations alleged.
The Court notes that even if the two Parties did profusely argue on the very
principle concerning restricting the right to privacy through the instrumentality
of tapping conversations on the telephone, the two Parties did not in any way
indicate with certainty, the impact such recorded telephone conversations may
have had during the procedure.
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