On the 4th of April 2006, Miss Farima DIAKITE, together with her elder sister named Maimouna, went to their orchard at Baco-djicoroni near the river. On their way back at dusk, she separated from her sister to go fetch firewood on the river bed. Diakaridia Coulibaly, who was watching her, came up behind her, seized her and dragged by force onto the river bed. He undressed her while sexually penetrating her to satisfy his instinct, and with such excessive violence that the unfortunate Farima lost consciousness. He had sex with her like this two times. He held her in his arms until nightfall. Meanwhile Farima’s parents were concerned about her absence and launched a search for her. Their search led them to the river. When they arrived the river, they found Farima still in the arms of Diakaridia COULIBALY aka Diaki who, upon seeing them, picked up and began throwing stones towards them. They managed to overpower him and immediately carried him to the Police Station of the 4th District. Questioned about the facts by the first investigators, Diakaridia confessed, stating that the events happened exactly as told by the victim. He reiterated the same confession when questioned by the investigating magistrate during his first appearance in the said magistrates’s office. But curiously, he retracted his assertions when questioned further, stating that he had a romantic relationship with Farima about a month ago, and by coincidence he found himself with Farima at the riverside, and she invited him for a swim in the river. Whereas such last minute denial cannot prevail on the facts established as indisputable against him; whereas in fact, it is clear from his own confession before retracting, certainly to escape criminal sanction, that he wanted to bathe in the river on the day in question with Miss Farima and that that was the place where he was arrested by the parents of the latter; whereas this story well corroborates the statements of Farima according to which she was assaulted and threatened with a knife before removing her clothes and having sexual intercourse with her; and also the medical certificate issued by the Gabriel TOURE hospital, dated 19th August 2006 undoubtedly supports this version of events; whereas from the above, rape is sufficiently established by revealing the circumstances which surrounded it, notably violence and threats made on the person of Farima, who, at the time the events occurred, was 13 years old; Bulletin No.2 of the criminal record of the accused, although requested by the investigating magistrate, is not admitted on file. Information collected about his personality is not unfavourable to him. The expert medical certificate concludes that he suffers from no physical or mental abnormalities which could influence his criminal liability. Having regard to the request for the release from custody formulated and presented by the accused; WHEREAS the accused continues to deny sufficiently grave facts which are however imputable to him in the light of the medical certificate on file; Whereas no repentance is evident in his behaviour; Whereas, moreover, he offers no guarantee of representation for the remainder of the proceedings;

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