L’avocat de Cheikh Oumar Diagne : « Les propos de mon client ne constituent ni une diffamation ni une incitation à la violence, mais… »
Amid reports of "imminent prosecution or arrest" following comments made by Cheikh Oumar Diagne during a television program regarding the death of student Abdoulaye Ba, his lawyer, Hosni Maati, a member of the Paris Bar, has broken his silence. In a statement dated March 6, he defended his client.
The black robe states that "any attempt to prosecute the expression of a political opinion on such a serious event would only fuel legitimate public concerns about the freedom of public debate."
According to Mr. Maati, "these remarks clearly fall within the scope of democratic debate on the actions of the State and the management of law enforcement operations. They constitute neither defamation nor incitement to violence, but rather the exercise of freedom of expression on a matter of national interest."
Better still, he asserts that "his client's statements are part of a debate of public interest concerning the circumstances of the student's death during an intervention by security forces on the campus of Cheikh Anta Diop University in Dakar."
"My client expressed a political and civic opinion."
He points out that Cheikh Oumar Diagne relied on "a political element already publicly endorsed by the authorities themselves."
"Prime Minister Ousmane Sonko had declared before the National Assembly that he took responsibility for the order to intervene by the security forces on the campus," he recalls.
“In this context, my client expressed a political and civic opinion: that political responsibility for a law enforcement operation must be sought at all levels of the decision-making chain, since an intervention ordered by the public authority resulted in the death of a student. My client also reiterated a question widely shared by the public: the legitimacy and proportionality of the intervention of the security forces against students protesting their living conditions and denouncing the non-payment of scholarships and the lack of resources,” he argued.
Before adding: “The death of Abdoulaye Ba is a human tragedy that demands truth, transparency, and accountability. In a state governed by the rule of law, the pursuit of these responsibilities cannot be separated from the freedom to comment on the actions of public authorities, particularly when it concerns the use of force by the state. This is a fundamental principle of democratic societies. Mr. Cheikh Oumar Diagne’s defense team remains fully confident that the law and the fundamental principles of freedom of expression will prevail.”
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