Demonstrations in Conakry: The Ministry of Justice draws up a balance sheet of 5 dead (press release)

The Ministry of Justice and Human Rights, in accordance with decrees D/2018/112/PRG/SGG promulgating law L/2018/025/AN of July 3, 2018 on the General Organization of Public Administration and D/2021/0254/PRG/CNRD/SGG on the powers and organization of the Ministry of Justice and Human Rights amending decree 1)/2021/167/PRG/SGG of May 28, 2021 and its powers as Department in charge of designing, developing and implementing government policy in the area of ​​justice, the rule of law and human rights, carefully followed the street demonstrations not authorized by the administrative authorities responsible for public order in accordance with the provisions of article 623 of the penal code having caused numerous human rights violations leading to loss of life during the autopsy, serious breaches of public peace , destruction and damage to buildings pu public or private, arson, participation in an insurrectional movement and others under investigation by the competent services, under the direction of the judicial authorities.

While condemning these reprehensible acts which require serious investigations which should lead to the criminal responsibility of the organizers and allies, of the participants as well as all accomplices especially that they led to the loss of human lives, the Ministry of Justice and Human Rights I ‘Human deplores the use, in violation of international and regional conventions for the protection of the rights of the child, of minors whose age varies between seven (7) to ten (10) years in street demonstrations and appeal to demonstrate despite the legal prohibition which could be the subject of appeal before the courts of first instance ruling in administrative matters.

The Department of Justice and Human Rights, in its role of ensuring the judicial protection of minors, recalls violations, during these violent events, of the provisions of articles 39, 40, 880, 888, 890 to 892 of the Children’s Code in the Republic of Guinea and invites the organizations in charge of children’s issues to get in touch with the department for better judicial protection of minors in this period of transition.

Within the meaning of articles 40 and following of this code, the State has the obligation to take all legislative and regulatory measures for the implementation of the rights recognized in the international conventions relating to the rights of the Child ratified by the Republic of Guinea. .

In addition, he has the obligation to provide the child with the protection and care necessary for his well-being, his guardians or other persons legally responsible for him. To this end, it must take all the appropriate legislative and regulatory measures.

It is imperative for the State to put an end to the use of children by anyone and for any reason whatsoever, within the framework of socio-political manifestations and to place the responsibility of parents, guardians or other persons legally responsible for him as well as the structures that encourage them to participate in said events.

As a reminder, article 880 of the Children’s Code punishes with imprisonment of 1 to 3 months and a fine of 500,000 to 2,000,000 GNF, the fact for any parent, guardian or legal representative of a child, to voluntarily abandon a child prosecuted for a given offense at the level of the security and justice services.

Similarly, article 888 of the said code punishes the evasion of parents from their legal obligations likely to compromise the health, safety, morals or education of their minor children with prison sentences of 3 months to 2 years. and a fine of 2,000,000 to 10,000,000 GNF.

It follows from the observations resulting from these demonstrations that the minors were incited to make an illicit use of narcotics, to transport, hold, offer or transfer narcotics, all things liable, in accordance with article 890 of the Children’s Code, 1 to 5 years imprisonment and a fine of 2,500,000 to 10,000,000 GNF.

It is necessary to add to this, the provisions of article 891 of the same code which sanctions the fact of inciting the excessive consumption of drinks with a prison sentence of 1 to 5 years and a fine of 2,000,000 to 10,000,000 GNF and article 892 which punishes the fact of inciting a child to commit a crime or an offense with a prison sentence of 3 to 10 years and a fine of 5,000,000 to 20,000,000 GNF.

On July 27, 2022 and the following days, the city of Conakry was the scene of public demonstrations organized by the National Front for the Defense, they say, of the Constitution (FNDC), having no legal existence and its allies.

These demonstrations resulted in five (5) deaths, according to statistics from the forensic medicine service of the Ignace Deen National Hospital, reported for information by the General Prosecutor’s Office to the Keeper of the Seals, Minister of Justice and Human Rights. Man as well as numerous civilian and military injuries and significant material damage.

On this occasion, the Ministry of Justice and Human Rights, on behalf of the Government, offers its deepest condolences to the bereaved families and wishes a speedy recovery to the injured.

During these demonstrations, the defense and security forces (Gendarmerie and Police), in accordance with their missions of maintaining order, arrested several demonstrators who happen to be, for the most part minors, some of whom are under 10 years old. according to the relevant procedural rules.

The Government of the Republic of Guinea, resolutely committed to respecting human rights, more particularly those of children, in accordance with domestic law and its international commitments (African Charter on Human and Peoples’ Rights, the Convention Convention on the Rights of Children, the African Charter on the Rights and Welfare of the Child, etc.), once again deplores the use, for political or other purposes, of this vulnerable stratum.

The Government deplores, through the Ministry of Justice in charge of the judicial protection of minors, that these demonstrations, which are moreover prohibited, took place at a time when the Government was engaged in negotiations with ECOWAS for a successful transition and appeased in our country.

He reassures the national and international opinion that all the light will be shed around these events which further weaken the process of democratic construction of our nation by the regrettable fact of a handful of people without title or right in accordance with the regulations of the organizations of the civil society in the Republic of Guinea.

The Government of the Republic of Guinea urges all the living forces of the nation to favor dialogue and consultation in order to allow our country to emerge from the transition in an honorable way, for a return to a constitutional life desired by all, without concealing the absolute necessity of rebuilding the State for the good of all the people of Guinea.

It will ensure, within the limits of the law, the exercise of the rights and freedoms of citizens and undertakes to provide all citizens with the protection they so deserve against all forms of violence.

Done in Conakry on August 1, 2022

Alfonso Charles Wright

Leave a Comment