The Dakar court tried Ousseynou Cissé and Abdou Salam Chérif Aïdara on Thursday for forgery, use of forged administrative documents, and complicity. The pair were arrested by police following a complaint filed by Diminga Ly.

According to the plaintiff, her ex-husband, Abdou Salam Chérif Aïdara, with the complicity of Ousseynou Cissé, obtained false birth certificates for their minor children. He then used these documents to create identity papers and arrange their departure from Senegal to Congo.

She submitted to the file copies from the Directorate of File Automation as well as certificates of non-existence issued by the civil registrar of the town hall of Thiaroye-sur-Mer, attesting that the birth certificate numbers used were fictitious.

Summoned as part of the investigation, Ousseynou Cissé initially denied obtaining the documents in question, claiming he had only provided his address and phone number for his friend. However, a search of his home in Grand-Dakar uncovered several administrative documents belonging to third parties, including blank birth certificates and loss certificates. These findings reinforced investigators' suspicions regarding his role as an intermediary in the illegal acquisition of official documents.

During the confrontation, he finally admitted to paying 5,000 FCFA to a municipal agent in Thiaroye-sur-Mer to obtain birth certificates, without being able to identify the latter.

For his part, Abdou Salam Chérif Aïdara maintained that he had his children travel with their passports, specifying that, for the youngest, a laissez-passer had been issued by the Congolese embassy. He acknowledged that his unofficial associate, Ousseynou Cissé, handled the administrative formalities. He claims, however, to be unaware of the fraudulent nature of the documents used.

A driver mentioned in the proceedings confirmed that he drove Abdou Salam Chérif Aïdara and his daughter to the airport, on their way to Congo, indicating that he did not suspect any kidnapping.

In court, while remanded in custody, the two defendants admitted to the charges against them. Diminga Ly attempted to join the case as a civil party. However, the court, before the proceedings, declared her claim inadmissible and only questioned her for informational purposes.

In his observations, the public prosecutor, considering that the facts are consistent, requested a sentence of 6 months imprisonment against Ousseynou Cissé, prosecuted for forgery, and 6 months imprisonment against Abdou Salam Chérif Aïdara for complicity.

The defense, represented by lawyers Souleymane Soumaré, Moussa Konaté, and Youssou Guèye, requested a lenient application of the penal code. According to Youssou Guèye, Chérif cannot be prosecuted for complicity in forgery. For his client to be found guilty, he would have had to act prior to the creation or execution of the forgery, notably by giving instructions or providing resources. This, he argued, is not the case for Chérif Aïdara.

For Mr. Guèye, if, by some extraordinary circumstance, an offense were to be found against his client, it would possibly be forgery. He argued that the defense attorney demonstrated the absence of any criminal intent and therefore requested an acquittal. Furthermore, the lawyer asked the court to show leniency towards his client should it disagree with his assessment.

The court adjourned the case for deliberation until March 3rd.