During the hearing on May 15, 2025, at the Dakar Court of Flagrant Offences, the lawyers of Assane Guèye, alias Azoura Fall, and El Hadji Ousseynou Kaïré pleaded for their provisional release. The judge granted provisional release to Azoura Fall, citing his health, but rejected the request for El Hadji Ousseynou Kaïré. Their trial, initially scheduled for today, has been postponed to May 21, 2025.

The defense's arguments

Mr. Brice Dasilva emphasized that the defendants, well-known figures, provide guarantees of representation. Mr. Souleymane Soumaré emphasized the triviality of the case: "Just because it concerns Azoura doesn't mean he shouldn't be granted provisional release. He is domiciled, provides solid guarantees, and his state of health justifies it." Mr. Saïd Larifou recalled that Azoura surrendered voluntarily, rendering the argument of a lack of guarantee of representation inadmissible. Mr. Faramara Faty presented the defendants as model citizens, active in raising public awareness, asserting that "their place is not in prison."

Attorney Bamba Cissé added: "Azoura surrendered, Kaïré was arrested before the Cybersecurity Division. These young people were victims of state repression. Azoura suffers from psychiatric disorders." He brandished a medical certificate from Fann Hospital, arguing that the disturbance of public order had ceased since their arrest. Attorney Ciré Clédor Ly added, denouncing arbitrary detention: "What Azoura wanted to show were traces of torture. The facts date back nine months, there is no flagrant offense. The prosecutor violated the law by not trying them immediately. I am not arguing for provisional release, but for automatic release, based on Articles 127, 618, 623, 248, 256, and 381 of the Code of Criminal Procedure."

Opposition from the prosecution

The prosecutor opposed the provisional release, stating: "We emphasize Azoura's state of health, but we forget the circumstances of his arrest. The police were looking for him like a terrorist." He clarified that the articles invoked by the defense apply during an investigation, not in flagrante delicto.

Court decision

The court ordered Azoura Fall's provisional release, but kept El Hadji Ousseynou Kaïré in custody. Azoura initially refused to leave the courtroom, protesting: "I cannot be released without my friend Kaïré."