Bénin – Affaire Antaser/Noël Herveto Kpatchavi: et si on laissait la justice faire son travail?
Une affaire opposant le Béninois Noël Herveto Kpatchavi à la société belge Antaser semble être déplacée sur le terrain de la citoyenneté comme principale ligne de défense du mis en cause devant la Cour de répression des infractions économiques et du terrorisme (Criet). Au surplus, l’indépendance des juges semble être remise en cause.
Au prime abord, il faut lever tout équivoque sur l’identité publique de l’homme poursuivi au pénal devant la Cour de répression des infractions économiques et du terrorisme (Criet) par la société belge Antaser.
Le juge d’instruction au tribunal de première instance de Kaloum, de la République de Guinée, a émis en 2011 un mandat d’arrêt international contre l’intéressé pour des faits ci-après : « Le 02 décembre 2011, Noël Herveto Kpatchavi a été placé sous contrôle judiciaire dans le cadre de la procédure d’information ouverte en notre cabinet pour vol avec effraction. Cependant, il s’est soustrait des obligations résultantes de cette mesure ».
Le sieur Noël Herveto Kpatchavi a été également mis en cause dans un article intitulé : « Un escroc international tente de piéger des sociétés avec un faux contrat gouvernemental du Burundi » publié par l’Agence Ecofin. En bas de page de cette publication qui date du 22 avril 2014, l’Agence a mentionné que le 18 décembre 2013, qu’elle a reçu un communiqué de Noël Kpatchavi de la société Solide Technologie qui annonce avoir signé un contrat gouvernemental pour l’inspection des douanes du Burundi, portant la signature et le timbre du Ministre des finances Tabu Abdallah Manirakiza. Les renseignements pris, le contrat est un faux. Le site web de la société, qui revendique une expertise dans le controlling d’import-export est un « fake ».
Toujours sur l’identité publique du sieur Noël Herveto Kpatchavi, le gouvernement de la Guinée-Bissau a relevé le 24 janvier 2017, l’intéressé qui se faisait passer pour le Vice-Président de Antaser, a falsifié la signature du ministre des transports et de la communication, Jose Carlos Esteves.
Poursuivi en septembre 2019 devant la justice belge, pour des faits de falsification de documents commerciaux ou bancaires ou de sous-seing privés, de faux en écriture ou falsification de documents ou de signatures, d’usages de documents bancaires et commerciaux falsifiés ou de documents sous-seing privés et autres, le parquet du procureur du Roi Anvers, a requis la Chambre du conseil aux fins de constater que « les faits des chefs d’accusation… ne peuvent être poursuivis pour incompétence des juridictions belges » parce que « les juridictions belges ne sont pas territorialement pour prendre connaissance des faits contenus dans les chefs d’accusation ». A ce niveau il faut observer que de fausses adresses ont été fournies par le mis en cause sur des résidences supposées en France, et constatées par voie d’huissier.
La liste n’est pas exhaustive, mais voilà résumé en quelques lignes, l’identité publique de l’homme qui est appelé aujourd’hui à répondre des faits qui lui sont reprochés devant la Cour de répression des infractions économiques et du terrorisme (Criet) du Bénin. Il est très bien connu de plusieurs juridictions au plan continental et au-delà, et les juges béninois ne sont pas dupes. Ils diront le droit et décideront donc si ce dernier est une victime ou un coupable dans les faits à lui reprochés.
C’est en conséquence de cause que la Criet a invité pour son audition, le sieur Noël Herveto Kpatchavi le 9 mars dernier, dans l’affaire qui l’oppose à la société belge Antaser. Faudra-t-il sacrifier la justice et le droit sur l’autel de la citoyenneté, au risque de ternir l’image du Bénin ?
Alors même que le sieur Noël Herveto Kpatchavi a saisi en 2017, le tribunal de première instance de première classe de Cotonou dans le différend qui l’oppose à la société belge Antaser, il est aujourd’hui agité dans l’opinion que ladite société pourrait acheter à coup de sac d’argent les juges béninois. Tout de même curieux, que la foi en la justice béninoise ne soit relevée qu’au gré des intérêts. Une chose est certaine, la vérité triomphera et le Bénin en sortira grandi à un moment de son histoire, où le gouvernement s’active sous le leadership de Patrice Talon, a rassuré les investisseurs et amélioré l’image du Bénin à l’internationale.
Le dossier soumis aux juges de la Criet offre l’occasion d’un véritable procès, et le sieur Noël Herveto Kpatchavi devrait en saisir l’opportunité de refaire une image digne de sa citoyenneté. Tout autre subterfuge ne saurait prospérer, tant les faits sont exposés aux yeux de l’opinion publique, et seule la justice triomphera.
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