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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