terrorism service. Proceedings were initiated by the prosecutor of the
terrorist unit, who requested the opening of an investigation. The office of
the dean of investigating judges was designated for this purpose.
42.
At the end of the investigations, charges were brought against
CHERIF MADI, who was assisted at the time by the sole lawyer Maître
NASSIROU LAWALY.
43.
At the end of the investigation on 3rd December 2018, the case was
referred to the General Attorney at the Niamey Court of Appeal, who in turn
referred the case to the control chamber specialised in the fight against
terrorism and transnational organised crime, to rule on a application for
provisional release submitted by MAITRE NASSIROU LAWALY, lawyer
of the accused CHERIF MADI, pursuant to the direct appeal procedure in
accordance with Article 135 of the Niger Code of Criminal Procedure, but
also to control the regularity of the entire proceedings before the trial stage.
44.
The control chamber, while deliberating on the merits of the appeal,
declared, by judgment No. 07/POLE/2019, dated 11 OCTOBER 2019, as
follows:
“- Declares inadmissible the application of Maître NASSIROU LAWALY
dated 29/06/2018
- Rejects the application to struck out Mr Maitre Niandou Karimou case file
- Orders that additional information be provided to execute the arrest
warrants issued against the accused LAHBOUSS ABDOULKADER, alias
CHERIF DOUNA, and HAMDANE TAOUDJI HAMDANE;
- Appoints the dean of the investigating judges of the special Niamey Court
of Appeal, for this purpose;
- Adjourns the decision on the costs to the final decision” (Exhibit 1)
9