Affaire Abdoulaye Bâ : Le Procureur explique pourquoi les chefs d'assassinat et d'homicide volontaire sont mis de côté
According to the public prosecutor, Ibrahima Ndoye, Abdoulaye Bâ's death was due to a fall from the fourth floor. During his press conference this Tuesday, he addressed the legal classification of the incident, offering a glimpse into the potential legal proceedings. Below are excerpts from his remarks on this matter.
"The approach which allows the prosecution to proceed by elimination in the qualification process, allows it precisely by investing in a sector to fulfill the purpose of an investigation which is to gather the available evidence to search for the perpetrators of the attraction.
This approach by the prosecutor's office has led us, so far, to conclude that it is the only approach that allows us to rule out any possibility of later pursuing charges of murder, because there was no premeditated intent to kill or murder. Because the essential element of the murder offense—the intent to kill—was absent, let alone the offense of assault and battery resulting in death without intent to kill. Because we cannot establish physical contact.
And failing to establish this physical contact which could have resulted in death, a result which went beyond the intention of its perpetrator, we cannot reasonably, and this is immediately pointed out, consider initiating proceedings on these charges of voluntary homicide, murder, or manslaughter.
Possible legal action against…
"If the investigation establishes that the fire was intentional, and that, due to the actions of its perpetrator, this young man was able to jump out of the window to save his life before, unfortunately, landing on the asphalt, this behavior could be considered technically as having generated, despite the intention of the perpetrator who never wanted this result, the death of a young man who would be taken care of in the context of involuntary manslaughter proceedings.
The same would apply if the ongoing investigation ultimately establishes that these young people, trapped by the thick smoke that made it difficult to breathe and the fire between them and the end of the corridor, felt compelled to escape through the window because the emergency exit had been sealed shut by individuals who are currently being identified. The very purpose of an emergency exit is to facilitate the evacuation of people in danger whenever a fire breaks out.
It would also be conceivable, at this level, and we state this immediately, to initiate legal proceedings, after identification, against those who, through non-compliance with regulations and this act of clumsiness, have precisely committed a number of acts that may have produced these damaging results.
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