Parquet Sénégal: Affaire Rox Adji Mass Plainte Maintained, 3 TikTokeuses Detained

• Three TikTok personalities, including Rokhaya Fall (Rox), were placed under a detention order by prosecutor Salou Dicko in Senegal.
• They face charges of making statements contrary to public morality and public insults, stemming from their TikTok live sessions.
• The public prosecutor's office decided to proceed with the case despite the initial complainants, including Adji Mass, having withdrawn their grievances.
• The decision to continue prosecution ex officio was based on the nature of the alleged facts and their dissemination on social media.
• The defendants are scheduled to appear before the tribunal des flagrants délits de Pikine-Guédiawaye.

The decision by procureur Salou Dicko to proceed with the case, despite the withdrawal of initial complaints, highlights the state's view that certain matters transcend private grievances and enter the realm of public interest.

The Senegalese public prosecutor's office has decided to continue legal proceedings against three TikTok personalities, including Rokhaya Fall, known as "Rox," despite the initial complainants having withdrawn their grievances. Rox, alongside Khadidiatou Kébé, also known as "Jessica," and Nafissatou Fall, or "Narou," were presented before prosecutor Salou Dicko. Following this appearance, a detention order was issued for all three individuals, who are now slated to appear before the tribunal des flagrants délits de Pikine-Guédiawaye on Wednesday.

The charges against the trio include making statements deemed contrary to public morality and engaging in public insults. These allegations stem from remarks reportedly made during their live sessions on the social media platform TikTok. Notably, the defendants admitted during their official hearings to having uttered the obscene comments attributed to them.

This development comes after a confrontation between the parties involved, which had led to the mutual withdrawal of their respective complaints, seemingly in an effort to de-escalate the dispute. However, the public prosecutor's office, referred to as the parquet Sénégal, opted to maintain the legal process. This decision was based on the assessment that the nature of the alleged offenses and their widespread dissemination across social networks warranted ex officio prosecution, meaning the state initiated proceedings independently of private complaints. Adji Mass, one of the key figures in this Affaire Rox, has notably persisted with her complaint against Rokhaya Fall.

Rokhaya Fall, or Rox, faces multiple accusations beyond the specific incident involving Adji Mass. Other individuals, including Ibrahima Sarr and Fatima Sall, have also lodged complaints against her, indicating a pattern of alleged misconduct. The current legal action, which has resulted in a mandat dépôt for the TikTokeuses Sénégal, follows a prior engagement with law enforcement.

Rox had previously attended an audition at the Division spéciale de Cybersécurité on August 31, accompanied by her two children. Her legal counsel subsequently reacted publicly to her placement under the detention order, specifically challenging Adji Mass regarding the ongoing legal battle. A team of six lawyers has been assembled to defend the three accused women before the tribunal des flagrants délits de Pikine. This legal team comprises Mes Aboubacry Barro, Arona Bass, Alphonse Faye, Takha Cissé, Alioune Sawaré, and El Hadji Diouf.

This case, often referred to as the Affaire Rox Adji Mass plainte parquet Sénégal, underscores the significant discretion held by the public prosecutor in Senegal to pursue charges ex officio, particularly when offenses involve public morals and widespread social media dissemination. The decision by procureur Salou Dicko to proceed with the case, despite the withdrawal of initial complaints, highlights the state's view that certain matters transcend private grievances and enter the realm of public interest.

The charges of injures publiques bonnes mœurs Sénégal are serious, reflecting a societal concern over online conduct. The fact that the alleged statements were made during TikTok live sessions and subsequently diffused widely played a crucial role in the prosecutor's determination to continue the poursuites. This scenario serves as a critical reminder that withdrawing a complaint does not automatically terminate legal proceedings if the state perceives the matter to have broader implications for public order or morality, as reported by Kawtef.

This case highlights the public prosecutor's discretion to pursue charges *ex officio* in Senegal, particularly for offenses involving public morals and social media dissemination, even if initial complaints are withdrawn. Lawyers should advise clients that withdrawing a complaint does not guarantee an end to legal proceedings if the state deems the matter to be of public interest.

Source: Original reporting via Kawtef