Following the attack on a mining operator, there are questions about Tsiafahy’s provisional release last month. In this period when the fight against corruption and embezzlement in public administration is at the heart of discussions, a fact raises questions among well-informed citizens on this matter. This concerns the release of Rfr, an individual from Ambohipo, accused of an armed attack and the theft of a few kilos of gold perpetrated against a mining operator last July.
Arrested on July 27, 2023, he was questioned at the criminal section of the Anosy Police the next day, then brought before the public prosecutor’s office who placed him in preventive detention at the Tsiafahy prison. The man is accused of theft with weapons, complicity in theft with weapons, receiving stolen items and criminal association. Although he had repeatedly requested provisional release without success, he recently found his freedom thanks to people who knew him. According to our sources, he is now “made available” to an authority, which is equivalent to being released from prison under the responsibility of this person. In summary, a sort of provisional release which does not come from the Prosecutor’s Office, which denies having granted such a release.
According to the legislation in force, in particular decree 2006-15 of January 17, 2006 relating to the general organization of the prison administration, the expression “made available” is not mentioned. The term used is “extraction” (article 117), defined as “the operation by which a detained person is taken under surveillance outside the detention establishment, when he must appear in court, or when he must receive care outside the penitentiary establishment. Concerning the work of prisoners, the decree specifies that this aims to prepare them for their return to society. Article 109 of this text clearly specifies that “the employment of persons in preventive detention must be subject to prior agreement by the magistrate handling the information file”.
Yv Sam