Prosecuted for unnatural acts, voluntary transmission of HIV/AIDS…: seven defendants contest at the bar
Prosecuted for unnatural acts, voluntary transmission of HIV/Aids and endangering the lives of others, seven individuals appeared before the Tambacounda high court. After contesting the statements made during the investigation, they requested acquittal through their lawyers. The prosecution requested up to seven years in prison. The deliberation is expected on October 21.
TAMBACOUNDA : The hearing took place in a packed room, in the presence of parents and relatives of the defendants. At the stand, the seven defendants returned to their statements made to investigators and the public prosecutor. Ababacar Diongue, who declared during the investigation that he had had sexual relations with two of the defendants, recanted in court. He explained that he made these comments out of fear during his interrogation by the police.
These denials sparked reactions from the prosecution and the judge, who cited the presence of the families in the courtroom to explain the defendants’ reluctance to acknowledge the facts. Concerning the voluntary transmission of HIV, Ibrahima Ba, presented as the mastermind of the gang, claimed to have only discovered his HIV status during the investigation. However, he maintained that he had never had sex without protection.
Also read: Five accused of unnatural acts risk imprisonment
Before the debates on the merits, the defense lawyers raised objections of nullity for procedural defects. They criticize the judicial police officers (Opj) for having questioned their clients in their absence, even though the latter had expressed their desire to be assisted by a lawyer.
According to them, this request was neither satisfied nor mentioned in the minutes. The defense therefore requested the release of the committal warrants. The prosecution responded that it was not up to the OPJ to find a lawyer for the defendants. The court decided to join these exceptions to the merits.
In his indictment, the prosecutor requested seven years of imprisonment against Ibrahima Babou, five years against five other defendants and release for the benefit of the doubt for Salif Diabaye. He cited in particular the statements collected from the defendants by the investigators and the doctor.
The lawyers disputed the value of these confessions, believing that they had been obtained in their absence. They recalled that the court had to rely on the elements discussed contradictorily at the hearing and pleaded for the pure and simple release of their clients. The court will deliver its decision on October 21.
