and such actslshall be deemed as crimes or offences
at the time they are
committed. They shall be tried by the Haute Cour de Justice.”
20. That Article 7 of Law
wealth
from
are brought
No. 81-53 states that: “When
against a person
charges
entitled to immunity
on illegal
or privilege
prosecution, the Special Prosecutor shall transmit the case-file to
the competent authorities, for the purposes of prosecution.”
21.
For the Applicants therefore, in refusing to transmit the case-file to the
competent
authorities,
himself via the
Special
and
Research
Brigade for
22. The Applicants
European
Court
and
Research
violated their rights.
by
proceeding
Gendarmerie
on
to
conduct
Section,
Illegal Wealth,
+
the
inquiries
instead
of via the
the Special
Prosecutor
:
cite in support
of ‘Human
;
of their argument,
Rights
in
the
case
the case-law
concerning
:
of the
Kloss
v.
Germany, which, according to them, best illustrates their situation; that
in that case-law, it was decided that: “It did not suffice for an applicant .
to claim that the mere existence of a law violated his rights under the
Bug tion, The law must have been applied to hig-detrimentet
23. That by proceeding to bring proceedings
them
against them, and
in bringing
before incompetent authorities for a hearing (whereas
it is only a
trial commission
by the Haute
Cour de Justice that is competent
to do
hear them), the Republic of Senegal violated their rights. They indicate,
that among those treated
in that manner were
Parliamentarians
of the
National Assembly of Senegal, and that they were entitled to immunities
provided under Article 61 of the Constitution of Senegal and Article 51 of
the
Rules
of Procedure
of the
National
Assembly,
which
provide
as
follows:
24. Article 61: “No
sued
to
court
Member
or
be
of Parliament
arrested
on
may,
criminal
outside the sessions,
charges,
except
be |
with
authorisation from the National Assembly he is a member of.”
Article 51: “A Member
of Parliament may not, outside the sessions, be
arrested, except with the authorisation
of the
Bureau
of the Assembly
7