II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the Application that on 30 May 2014, the Applicant was arrested for the alleged theft of a vehicle belonging to Mr. Tra Youzan Marc, on 12 April 2014, together with an unknown person. 4. The Applicant was found guilty of criminal conspiracy and group robbery with apparent use of weapons and sentenced to twenty (20) years’ imprisonment and the following additional penalties: ten (10) years’ deprivation of civil and political rights, three (3) years’ ban on travelling anywhere outside his region of birth, as well as to pay costs, pursuant to articles 66,2 186,3 392,4 394,5 395,6 and 3977 of the Criminal Code of the Respondent State. Article 66 stipulates: “A judge may deprive a convicted person of the right to: 1 Be appointed to the functions of juror, assessor, expert as well as to administrative and other public posts; 2 Obtain an authorization to carry a weapon; 3 Exercise tutelary functions, wear decorations, open a school and generally exercise all functions relating to teaching, education or child care. The deprivation may concern all or part of the said rights (...).” 3 Article 186 provides: “Anyone who joins an association or participates in a conspiracy, regardless of its duration or the number of its members, with the aim of preparing or committing crimes against persons or property, is liable to between one year and five years’ imprisonment. The maximum penalty shall be doubled if the offender is in possession instruments or tools for committing crimes against persons or property. The maximum penalty is doubled if the offender is in possession of instruments or tools for committing offences, or if he is carrying visible or concealed weapons.” 4 Article 392 states: “Anyone who fraudulently takes something that does not belong to him is guilty of theft.” 5 Article 394 (Law n° 95-522 of 06 /07/ 1995) of the Penal Code on theft states: “The penalty is ten to twenty years’ imprisonment and a fine of between 500,000 to 5,000,000 francs if the theft or attempted theft was accompanied by at least one of the following circumstances: (...) 8 The penalty is twenty years’ imprisonment if the theft or attempted theft is committed at night.” 6 Article 395 (Law No. 95-522 of 06 /07/ 1995) stipulates: “Theft or attempted theft shall be punishable by death if committed: 1 At night, when two of the circumstances set out in the preceding article are present; 2 When the perpetrator is carrying a visible or concealed weapon; 3 With violence resulting in death or injury, or when the perpetrator has used a vehicle to facilitate his enterprise or escape, or is carrying a narcotic substance.” 7 Article 397 stipulates: “(...) In addition, convicted persons: 1 Are deprived of the rights provided for in article 66 of the present Code for a period of ten years; 2 Are prohibited from appearing in certain places provided for in article 78 of the present Code; The judge may, by special decision, extend the period of deprivation of rights or prohibition from appearing up to twenty years.” 2 3