In the presence of of Mr lssa TRAORE, Deputy Attorney General at the Bamako Court
of Appeal
THE STATE
Assisted by Maître DIAWARA Fatimata DE, REGISTRAR of the said Court
THE COURT
Mindful of ruling No. 387 of the Indictment Division of the Bamako Court of Appeal on
25 September, 2012 to refer to the Bamako Court of Assizes lssa KONE born around 1986 at
Léré cercle in Niafunke, son of Boubacar (deceased) and Amin THERA, Field Supervisor in
Diago.
Charged with Paedophilia: MD of 24/06/2011
Mindful of the arrest warrant issued against the above-named person and included in the
referral order:
Mindful of the declaration, by the majority, of the Court of Assizes on that date attesting
that the accused is guilty of the charges brought against him ;
Mindful of the declaration, by the majority, of this same Court on that date attesting that
mitigating circumstances exist for the accused;
After listening to the State in its arguments on the application of the penalty to acts
considered established by the Court and upheld against the accused:
After listening to the defence counsel and the accused himself who spoke last in their
plea;
After deliberating about this case in accordance with the law;
CONSIDERING that the acts considered established by the Court of Assizes against the
accused are provided for and punished under article 228 of the Penal Code:
Mindful of the said articles, together with the provisions of articles 18, 363, 631 of the
Criminal Procedure Code, and 728 of the Civil, Commercial and Social Procedure Code, which
read as follows: :
Article 228 of the Penal Code: Any act of sexual penetration, of any kind whatsoever,
committed on another person, using violence, constraint, threats or surprise shall be rape.