the
African
Senegal
Charter
justifies
the
on
Human and
measures
of
Pebples’
Rights,
restriction
the
regarding
Republic
leaving
of
the
national territory, as adopted against the Applicants, and equally argues
that Article 33 of the Code of Criminal Procedure settles the issue in the
following terms:
“The
out all the necessary
Public Prosecutor shall carry out or have carried
measures
required for investigating and trying all
violations of the criminal law.”
In that regard, the Republic of Senegal avers that the ban placed on the
Applicants to prevent them from going outside the country falls under
. the
framework
of interim
measures
adopted
as
part
of the
criminal
| ‘procedure.
As regards violation of equality of citizens before the law and
the courts,
The
Republic
before
.
of Senegal
argues
that
this
plea
in
law
cannot
thrive
because it is not buttressed on any ground which may enable the Court
to examine that claim.
jae
Regarding violation-of presun@a@n Of INNOCENTE--~:- #---+. sees eee
42. The Repubitc of Senegal maintains that the press sonfarenke
by the Special Prosecutor,
and the provisions of Law 81-53
eed Cee
organised
and 53, do
not violate the principle of presumption of innocence; they further aver
that,
The Special Prosecutor never affirmed that the Applicants were guilty of
acquiring illicit wealth, and that as for the Republic of Senegal, in taking
every step, it strictly abides by the definition of “illicit wealth”
as given
by the United Nations Convention Against Corruption, and by the African
Union Convention on Preventing and Combating Corruption.
As regards violation of the two-tier system of courts and of the right to
effective remedy
43.
In relation to this point, the Defendant. State cites Article 17 of the Law
relating to the Fight Against Illegal Wealth,
which
makes
provision for
14
ae