L’arrêté du gouverneur de Dakar sur l’interdiction de circuler pose problème..›› selon Thierno Bocoum, leader de AGIR. Ces propos ont été émis sur sa page personnelle Facebook.
Il poursuit..
‹‹ Sur la forme
Un des décrets visés n’existe pas.
En effet le décret N* 96-226 du 22 mars 1996 qui a été visé dans l’arrêté du gouverneur n’existe pas.
Il s’agit plutôt du décret N* 96-228 et non N* 96-226.
Sur le fond
Aucune loi visée ne donne pouvoir au gouverneur de prendre une mesure qui interdit la circulation des personnes et des biens, de 21h à 5h du matin.
Or l’article 11 de la constitution dispose clairement : « Tous les citoyens de la République ont le droit de se déplacer et de fixer librement sur toute l’étendue de la République du Sénégal. Ce droit ne peut être limité que par la loi. Nul ne peut être soumis à des mesures de sûreté sauf dans les cas prévus par la loi. »
Ce couvre-feu déguisé ne peut être autorisé que par le président de République directement ou par délégation dans le cadre d’un régime d’exception prévu par une loi.
Or, en l’espèce, aucun régime d’exception n’est en vigueur puisque le décret instituant l’état d’urgence n’a pas été prorogé et la nouvelle loi modifiant celle relative à l’état d’urgence et à l’état de siège n’est pas encore promulguée.
Il y’a donc un problème d’incompétence ratione materiæ (incompétence matérielle)
Thierno Bocoum
President du mouvement AGIR
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