Examination of the merits detention to several members of the judiciary visiting the prison where he was held, and that not until 1986 did a member of the staff of the Government Procurator's office and the prison's social services suggest that he request provisional release. 8.1 The Human Rights Committee has examined the communication in the light of all the information provided by the parties, as provided for in article 5, paragraph 1, of the Optional Protocol. 7.4 The author affirms that his arrest in January 1982 was the result of manoeuvres orchestrated by the Senegalese ambassador in Gambia, who had been angered by the author's leading role, between 1978 and 1981, in several demonstrations, which had inter alia caused damage to the building of the Senegalese Embassy in Banjul. The author, in a letter dated 10 August 1992, admits to having broken windows in the building of the Senegalese Embassy in Banjul.. 8.2 The Committee notes that the author does not question the legal nature of the charges against him, as described in the State party's submission under article 4, paragraph 2, of the Optional Protocol – he does however reject in general terms the factual accuracy of part of the State party's observations, while some of his statements contain blanket accusations of bad faith on the part of the State party. Conversely, the State party's submission does not address issues under article 19 other than by affirming that the author is adverse to any type of authority, and confines itself to the chronology of administrative and judicial proceedings in the case. In the circumstances, the Committee has examined whether such information as has been submitted is corroborated by any of the parties' submissions. 7.5 Concerning the period of detention in 1988, the author recalls that he was arrested "around 2 March 1988" together with several other individuals and questioned about the violent incidents that had accompanied the general elections of February 1988. He was released "around 20 March 1988", after having addressed a letter to President A. Diouf about his allegedly arbitrary detention. On 6 April 1988, he was re-arrested, and after six days spent in a police lock-up, indicted on 12 April 1988. On 18 April 1988, he was released by decision of the Tribunal Régional of Dakar The decision simply orders the release of the author and eight other co-accused, but is not motivated. 8.3 As to the claims of violations of article 9, the Committee notes that, in respect of the author's detention from 1982 to 1986 and in the spring of 1988, the State party has provided detailed information about the charges against the author, their legal qualification, the procedural requirements under the Senegalese Code of Criminal Procedure, and the legal remedies available to the author to challenge his detention. The records reveal that these charges were not based, as claimed by the author, on his political activities or upon his expressing opinions hostile to the Senegalese government. In the circumstances, it cannot be concluded that the author's arrest and detention were arbitrary or not based "on such grounds and in accordance with such procedure as are established by law". However, there are issues concerning the length of the author's detention, which are considered below (paragraphs 8.6 to 8.8). 7.6 The author reaffirms that he was placed once more in custody in 1990; he claims that he was arrested at the border and transferred to Dakar, where he was detained by agents of the Ministry of the Interior. He was booked and made to sign a statement (procès-verbal) on 12 July 1990, which accused him inter alia of offences against State security. He ignores why he was released on the same day. 7.7 Finally, the author affirms that he was once more apprehended on 20 July 1992 and detained for several hours. He was allegedly questioned in relation with a manifestation that had taken place in a popular quarter of Dakar. The Government apparently suspects him of sympathizing with the separatist Movement of Casamance's Democratic Forces (Mouvement des Forces Démocratiques de la Casamance – MFDC) in the South of the country, where separatists have clashed violently with government forces. The author denies any involvement with the MFDC and claims that as a result of constant surveillance by the State party's police and security services, he suffers from nervous disorders. 8.4 As to the author's alleged detention in 1990, the Committee has taken note of the State party's argument that its records do not reveal that Mr. Koné was again arrested or detained after April 1988. As the author has not corroborated his claim by further information, and given that the copies of the medical reports he refers to in support of his claim of illtreatment pre-date the alleged date of his arrest (6 July 1990), the Committee concludes that the claim of a violation of article 9 in relation to the events in July 1990 has not been sufficiently corroborated. 8.5 Similarly, the State party has denied that the author was arrested for the expression of his political opinions or because of his political affiliations, and the author has failed to adduce material to buttress his claim to this effect. Nothing in the material before the Committee supports the claim that the 7.8 The author concludes that the State party's submissions are misleading and tendentious, and affirms that these submissions seek to cover serious and persistent human rights violations in Senegal. 46

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