Dossier Farba Ngom : Babacar Ba conteste l’opposition du procureur financier à la libération provisoire
The debate surrounding the provisional release of Farba Ngom continues to fuel discussions. Babacar Ba of the Forum du Justiciable believes that the financial prosecutor's opposition to this measure raises legal questions.
According to him, the investigating judge of the Financial Judicial Pool noted the existence of "serious disputes" in the case. However, he points out that Article 140 of the Code of Criminal Procedure stipulates that a warrant for detention is no longer mandatory when such disputes are established and acknowledged by the investigating magistrate.
"The role of this magistrate is precisely to assess, in light of the evidence in the file and after an adversarial examination, whether pre-trial detention remains necessary or whether sufficient guarantees allow for the consideration of provisional release. When the investigating judge concludes that there are serious disputes justifying a provisional release measure, the intervention of the public prosecutor's office cannot have the effect of neutralizing this decision, unless it disregards the fundamental principle of separation of the functions of investigation and prosecution," Mr. Ba indicates.
The president of the Forum of the Justiciable therefore considers that the opposition of the financial prosecutor cannot neutralize the decision of the investigating judge, at the risk of undermining the principle of separation of functions between investigation and prosecution.
"Ultimately, the financial prosecutor's opposition to Farba's provisional release cannot prevail over the investigating judge's sovereign assessment, since the latter has noted the existence of serious disputes within the meaning of Article 140 of the Code of Criminal Procedure. Respect for the principle of separation of functions requires that the decision to grant provisional release, based on legal and procedural guarantees, be executed without hindrance. Any persistence in the prosecutor's opposition, in the absence of a legal basis, would risk not only undermining the fundamental rights of the defense, but also weakening the credibility of the judicial institution, whose primary mission is to reconcile the demand for justice with the protection of individual liberties," he said.
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