Criminal Defense Wiki - User contributions [en]

Senegal

2012-10-10T00:58:10Z

Krishnagagne: /* Sources of Defendant's Rights */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")online: http://www.justice.gouv.sn/droitp/CPP.PDF </ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP </ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

----

==Pre-Trial Detention==

Pre-trial detention is for an undetermined period for criminal matters. For offences, pre-trial detention shall not exceed 6 months <ref>Article 127 bis</ref>. Pre-trial detention is deducted from the sentence<ref>Article 22 Code Pénal</ref>. The average pre-trial detention between the indictment and judgment is three years, although some detainees have been in jail for over 7 years without having been tried <ref>United Nations Human Rights, Rapport de Travail sur la détention arbitraire, 5th February, 2010, online
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf para 63)
</ref>.
----
==Court Procedures==

The nature of the trial is inquisitorial. The Court of Assises includes a jury. The President is the master of the procedure and may order any measures to find the truth. As such, he may exclude any element which might offend the dignity of the trial<ref>Article 290, CPP</ref>. Cross-examination is not part of the Senegalese procedure. The prosecutor may examine the accused and the witnesses. The accused may examine the witnesses and co-accused through the President<ref>Article 293, CPP</ref>. A party may request expert witnesses to testify on a technical matter<ref>Article 149 CPP</ref>.

The accused has the right of a fair trial. This right is ensured by the separation of the functions of prosecution and examination.

----
==Sentence==

In Senegal, sentences for criminal conducts may include detention and forced labour. Death penalty was abolished on 10th December, 2004 <ref> Loi n° 2004-38 du 28 Décembre 2004 portant abolition de la peine de mort, online: http://www.jo.gouv.sn/spip.php?article2690 </ref>. In cases of forced labour, men are sentenced to the hardest public interest work while women are sentenced to labour inside the jail <ref>Article 19 Code Pénal</ref>. Any recidivist convicted twice for a crime punishable by an infamant sentence (civil degradation, art 8) or inflictive sentence (forced labour or criminal detention, art. 7 Code penal) is liable to serve the double of the original sentence<ref>Article 42 Code Pénal</ref>. Judgment can be made in abstentia <ref>Article 23 Code Pénal, and Articles 253 and 356 CPP</ref>.

----

==Appeal==

The Court of Cassassion has jurisdiction over excess of power of executive authorities, incompetence, non-respect of the law or custom.

A party may seek revision of a judgment for homicide on the basis of new evidence that was not available at the time of trial, or when another individual was condemned for the same crime and that both judgments are not compatibles <ref>Article 83, Loi organique portant sur la création de la Cour suprême</ref> .

----

==Post Conviction Facts/Issues==

The penitentiary population is 7 086 detainees, among which 6 692 are men;
250 women and 144 minors. 4 149 are convicted and 2 937 are in pre-trial detention. 10% are foreigners<ref>United Nations Human Rights, Rapport du Groupe de Travail sur la détention abusive, 5th February, 2010, online:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 49 </ref>. The occupancy rate is 97.2%.

==References==
{{reflist|20em}}

Senegal

2012-10-10T00:57:35Z

Krishnagagne: /* Sentence */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")online: http://www.justice.gouv.sn/droitp/CPP.PDF </ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP </ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

----

==Pre-Trial Detention==

Pre-trial detention is for an undetermined period for criminal matters. For offences, pre-trial detention shall not exceed 6 months <ref>Article 127 bis</ref>. Pre-trial detention is deducted from the sentence<ref>Article 22 Code Pénal</ref>. The average pre-trial detention between the indictment and judgment is three years, although some detainees have been in jail for over 7 years without having been tried <ref>United Nations Human Rights, Rapport de Travail sur la détention arbitraire, 5th February, 2010, online
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf para 63)
</ref>.
----
==Court Procedures==

The nature of the trial is inquisitorial. The Court of Assises includes a jury. The President is the master of the procedure and may order any measures to find the truth. As such, he may exclude any element which might offend the dignity of the trial<ref>Article 290, CPP</ref>. Cross-examination is not part of the Senegalese procedure. The prosecutor may examine the accused and the witnesses. The accused may examine the witnesses and co-accused through the President<ref>Article 293, CPP</ref>. A party may request expert witnesses to testify on a technical matter<ref>Article 149 CPP</ref>.

The accused has the right of a fair trial. This right is ensured by the separation of the functions of prosecution and examination.

----
==Sentence==

In Senegal, sentences for criminal conducts may include detention and forced labour. Death penalty was abolished on 10th December, 2004 <ref> Loi n° 2004-38 du 28 Décembre 2004 portant abolition de la peine de mort, online: http://www.jo.gouv.sn/spip.php?article2690 </ref>. In cases of forced labour, men are sentenced to the hardest public interest work while women are sentenced to labour inside the jail <ref>Article 19 Code Pénal</ref>. Any recidivist convicted twice for a crime punishable by an infamant sentence (civil degradation, art 8) or inflictive sentence (forced labour or criminal detention, art. 7 Code penal) is liable to serve the double of the original sentence<ref>Article 42 Code Pénal</ref>. Judgment can be made in abstentia <ref>Article 23 Code Pénal, and Articles 253 and 356 CPP</ref>.

----

==Appeal==

The Court of Cassassion has jurisdiction over excess of power of executive authorities, incompetence, non-respect of the law or custom.

A party may seek revision of a judgment for homicide on the basis of new evidence that was not available at the time of trial, or when another individual was condemned for the same crime and that both judgments are not compatibles <ref>Article 83, Loi organique portant sur la création de la Cour suprême</ref> .

----

==Post Conviction Facts/Issues==

The penitentiary population is 7 086 detainees, among which 6 692 are men;
250 women and 144 minors. 4 149 are convicted and 2 937 are in pre-trial detention. 10% are foreigners<ref>United Nations Human Rights, Rapport du Groupe de Travail sur la détention abusive, 5th February, 2010, online:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 49 </ref>. The occupancy rate is 97.2%.

==References==
{{reflist|20em}}

Senegal

2012-10-01T15:05:25Z

Krishnagagne: /* Pre-Trial Phase */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")online: http://www.justice.gouv.sn/droitp/CPP.PDF </ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP </ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

----

==Pre-Trial Detention==

Pre-trial detention is for an undetermined period for criminal matters. For offences, pre-trial detention shall not exceed 6 months <ref>Article 127 bis</ref>. Pre-trial detention is deducted from the sentence<ref>Article 22 Code Pénal</ref>. The average pre-trial detention between the indictment and judgment is three years, although some detainees have been in jail for over 7 years without having been tried <ref>United Nations Human Rights, Rapport de Travail sur la détention arbitraire, 5th February, 2010, online
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf para 63)
</ref>.
----
==Court Procedures==

The nature of the trial is inquisitorial. The Court of Assises includes a jury. The President is the master of the procedure and may order any measures to find the truth. As such, he may exclude any element which might offend the dignity of the trial<ref>Article 290, CPP</ref>. Cross-examination is not part of the Senegalese procedure. The prosecutor may examine the accused and the witnesses. The accused may examine the witnesses and co-accused through the President<ref>Article 293, CPP</ref>. A party may request expert witnesses to testify on a technical matter<ref>Article 149 CPP</ref>.

The accused has the right of a fair trial. This right is ensured by the separation of the functions of prosecution and examination.

----
==Sentence==

In Senegal, sentences for criminal conducts may include detention, forced labour and death penalty. In cases of forced labour, men are sentenced to the hardest public interest work while women are sentenced to labour inside the jail <ref>Article 19 Code Pénal</ref>. Death penalty is carried out by gunshot<ref>Article 12 Code Pénal</ref>. Any recidivist convicted twice for a crime punishable by an infamant sentence (civil degradation, art 8) or inflictive sentence (death penalty, forced labour or criminal detention, art. 7 Code penal) is liable to serve the double of the original sentence<ref>Article 42 Code Pénal</ref>. Judgment can be made in abstentia <ref>Article 23 Code Pénal, and Articles 253 and 356 CPP</ref>.

----
==Appeal==

The Court of Cassassion has jurisdiction over excess of power of executive authorities, incompetence, non-respect of the law or custom.

A party may seek revision of a judgment for homicide on the basis of new evidence that was not available at the time of trial, or when another individual was condemned for the same crime and that both judgments are not compatibles <ref>Article 83, Loi organique portant sur la création de la Cour suprême</ref> .

----

==Post Conviction Facts/Issues==

The penitentiary population is 7 086 detainees, among which 6 692 are men;
250 women and 144 minors. 4 149 are convicted and 2 937 are in pre-trial detention. 10% are foreigners<ref>United Nations Human Rights, Rapport du Groupe de Travail sur la détention abusive, 5th February, 2010, online:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 49 </ref>. The occupancy rate is 97.2%.

==References==
{{reflist|20em}}

Senegal

2012-10-01T15:04:05Z

Krishnagagne: /* Pre-Trial Phase */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")</ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP, online: http://www.justice.gouv.sn/droitp/CPP.PDF </ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

----

==Pre-Trial Detention==

Pre-trial detention is for an undetermined period for criminal matters. For offences, pre-trial detention shall not exceed 6 months <ref>Article 127 bis</ref>. Pre-trial detention is deducted from the sentence<ref>Article 22 Code Pénal</ref>. The average pre-trial detention between the indictment and judgment is three years, although some detainees have been in jail for over 7 years without having been tried <ref>United Nations Human Rights, Rapport de Travail sur la détention arbitraire, 5th February, 2010, online
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf para 63)
</ref>.
----
==Court Procedures==

The nature of the trial is inquisitorial. The Court of Assises includes a jury. The President is the master of the procedure and may order any measures to find the truth. As such, he may exclude any element which might offend the dignity of the trial<ref>Article 290, CPP</ref>. Cross-examination is not part of the Senegalese procedure. The prosecutor may examine the accused and the witnesses. The accused may examine the witnesses and co-accused through the President<ref>Article 293, CPP</ref>. A party may request expert witnesses to testify on a technical matter<ref>Article 149 CPP</ref>.

The accused has the right of a fair trial. This right is ensured by the separation of the functions of prosecution and examination.

----
==Sentence==

In Senegal, sentences for criminal conducts may include detention, forced labour and death penalty. In cases of forced labour, men are sentenced to the hardest public interest work while women are sentenced to labour inside the jail <ref>Article 19 Code Pénal</ref>. Death penalty is carried out by gunshot<ref>Article 12 Code Pénal</ref>. Any recidivist convicted twice for a crime punishable by an infamant sentence (civil degradation, art 8) or inflictive sentence (death penalty, forced labour or criminal detention, art. 7 Code penal) is liable to serve the double of the original sentence<ref>Article 42 Code Pénal</ref>. Judgment can be made in abstentia <ref>Article 23 Code Pénal, and Articles 253 and 356 CPP</ref>.

----
==Appeal==

The Court of Cassassion has jurisdiction over excess of power of executive authorities, incompetence, non-respect of the law or custom.

A party may seek revision of a judgment for homicide on the basis of new evidence that was not available at the time of trial, or when another individual was condemned for the same crime and that both judgments are not compatibles <ref>Article 83, Loi organique portant sur la création de la Cour suprême</ref> .

----

==Post Conviction Facts/Issues==

The penitentiary population is 7 086 detainees, among which 6 692 are men;
250 women and 144 minors. 4 149 are convicted and 2 937 are in pre-trial detention. 10% are foreigners<ref>United Nations Human Rights, Rapport du Groupe de Travail sur la détention abusive, 5th February, 2010, online:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 49 </ref>. The occupancy rate is 97.2%.

==References==
{{reflist|20em}}

Canada

2011-09-29T16:25:50Z

Krishnagagne: /* Pre-trial phase */

{| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
|-
|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>
*[http://laws.justice.gc.ca/en/const/index.html Canadian Constitution (English)]
*[[Canadian Charter of Rights and Freedoms]]
*[[Media:Code_Criminal_Procedure_Canada.pdf | Canadian Code of Criminal Procedure (English and French)]]
*[[Media:Evidence_Code_of_Canada.pdf | Canadian Evidence Code]]
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
|}

==Background==
Canada is a member of the British Commonwealth of Nations and is comprised of ten provinces and three territories. <ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref>The Canadian Parliament is located in Ottawa and the country ranks as the world’s second largest nation, after Russia. <ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref> In 1867, Canada became a self governing nation within the Commonwealth and since then has continued to develop at a similar rate as the United States to the south. <ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref> The head of state of Canada is Queen Elizabeth of England, as represented by the Governor General, and the head of government is Prime Minister Stephen Joseph Harper.<ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref> 58.8% of the Canadian population speaks English while 21.6% of the population (mainly located in the province of Quebec) speaks French.<ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref> Approximately 46% of the Canadian population is of European descent, while 26% is of mixed descent and 6% is of Asian, African, or Arab descent. <ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref>

==Type of System==
Canada’s legal system is based on English common law, except in the province of Quebec which applies a hybrid system inspired by French civil law with considerable common law influence.<ref>CIA World Factbook available at <www.cia.gov/library/publications/the-world-factbook></ref> Canada’s criminal law is within the exclusive jurisdiction of the federal government. The law and produre are included in a criminal code that has been in effect since 1862. <ref>RSC 1985</ref> The Canadian Criminal Code is thus applicable uniformly throughout the country. Where the criminal code is deficient, the courts use interpretations common law to make decisions. The Courts are bound to apply the Canadian Charter of Rights and Freedoms, which is embedded in the Constitutional Act, 1982. Given the British sources of the Canadian legal system, the prosecutor in Canada is known as the Crown Prosecutor. As, a criminal case is referenced as "the Crown v. ['''defendant''']".

==Sources of defendants’ rights==
The Canadian Charter of Rights and Freedoms provides Canadians with basic rights and protections against police actions. For example, the Charter provides rights against unlawful searches and seizures, protection from arbitrary detention, the right to counsel after arrest or detention, the guarantee to a fair trial, and the right not be denied reasonable bail. <ref>Canadian Charter of Rights and Freedoms, Articles 7, 8, 9, 10, and 11 </ref> All actions that do not respect the rights awarded by the Charter are deemed unlawful. <ref>Constitution Act, 1982 section 52(1)</ref> The Supreme Court of Canada has stated that the Canadian Charter of Rights and Freedoms is not exhaustive and that Canadian citizens have additional rights beyond the text of the Constitution.<ref>New Brunswick Broadcasting Co. v. Nova Scotia [1993] 1 S.C.R. 319</ref>

==Pre-trial phase==
In Canada, arrests are made with or without warrant, by the police or by citizens. Most arrests are made without warrants. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 60 ( 2d ed., Carolina Academic Press 2007)</ref> Section 495 of the Canadian Criminal Code gives police officers the right to arrest an individual without a warrant if the officer has reasonable suspicion that the individual has, is about to, or is in the act of committing a crime. <ref>Canadian Criminal Code, section 495</ref> The Criminal Code allows also for citizen arrest. The arrest is made by an individual who finds another individual committing an indictable offence or a person who, on reasonable grounds, he believes(i) has committed a criminal offence, and(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person <ref>Section 494 Criminal Code</ref> The Code also has provisions for arrest with a warrant, including in cases where the accused fails to attend court in accordance with the summons. Upon arrest, police are bestowed with stop and search powers, only to the extent of frisk search. The Charter does not give Canadian police officers any statutory powers to stop and detain either individuals or vehicles. They also have no statutory powers to detain and question individuals. Canadian common law states that a police officer may question the detainee and ask for identification, but the detainee has the right to silence and is not required to cooperate. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 58 ( 2d ed., Carolina Academic Press 2007)</ref> Furthermore, Section 10(a) of the Charter states that an arrested individual must be informed of the reason for their arrest. <ref>Canadian Charter of Rights and Freedoms, section 10(a)</ref>

Section 8 of the Charter states that “everyone has the right to be secure against unreasonable search or seizure”. In the event that an invasion of privacy is required in order to complete a search, a search warrant must be obtained. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 66 ( 2d ed., Carolina Academic Press 2007)</ref>

Article 9 of the Canadian Charter of Rights and Freedoms states that everyone has the right not to be arbitrarily detained or imprisoned. <ref>Canadian Charter of Rights and Freedoms, article 9</ref> Detention, according to the Canadian Charter, includes the deprivation of liberty, the assertion of control over another person, and the proposal of demands that carry legal significance. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 77 ( 2d ed., Carolina Academic Press 2007)</ref>

Section 10(b) of the Charter declares that individuals who have been detained have the immediate right to legal counsel and must be informed of that right promptly at the time of arrest. <ref>Canadian Charter of Rights and Freedoms, section 10(b)</ref> Once a detainee asks for a lawyer, the arresting officer cannot ask him any more questions, but must enable the detainee to access legal counsel through the use of a telephone. <ref>Canadian Criminal Code Section 34 (3d) and Canadian Criminal Code Section 385</ref>

Pre-trial detention is deducted from the whole sentence. If the circumstances warrant it, judges may deduct 1.5 day per day spent in pre-trial detention<ref>Section 719 (3) Criminal Code and Projet de loi C-25 : Loi sur l'adéquation de la peine et du crime, 24 avril 2009</ref>.

==Trial==
After an arrest, the Canadian police must release the suspect as soon as possible, unless detention is necessary in order to discern identity or obtain evidence. <ref>Canadian Criminal Code, sections 497-499</ref> Additionally, an arrested person must be brought before a judge either within 24 hours, or as soon as possible. <ref>Canadian Criminal Code Section 503</ref>

Police officers and prosecutors draw up indictments and informations in Canada. There is no grand jury and the courts recognize that the police are independent from the executive in instances of decisions to lay charges. Additionally, court proceedings may be canceled if there has been irreversible damage to either the defendant’s rights or to the integrity of the judicial system. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 80 ( 2d ed., Carolina Academic Press 2007)</ref>

===Right to be presumed innocent until proven guilty===
Preliminary hearings in the Canadian legal system are only allowed for indictable offenses. Any party may request a preliminary hearing. Preliminary hearings are held by a magistrate and the issue is not to determine guilt or innocence of the accused, but rather to determine whether there is sufficient evidence to justify a trial. There has been recent debate, however, on whether or not preliminary inquiries should be abolished due to new disclosure requirements and the increasing length and cost of trials.<ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 81 ( 2d ed., Carolina Academic Press 2007)</ref> Pre-trial motions are used most commonly in instances of matters related to the Charter according to local laws of procedure. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 82 ( 2d ed., Carolina Academic Press 2007)</ref>

In the 1990 Stinchcombe case ([1991] 3 S.C.R. 326), the Canadian Supreme Court ruled that Section 7 of the Charter requires prosecutors to disclose relevant evidence to the defendant at an early stage of the trial. Relevant evidence is determined to be evidence that could possibly be useful to the accused. Canadian law does not recognize a difference between inculpatory and exculatory evidence. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 82 ( 2d ed., Carolina Academic Press 2007)</ref>
Canadian trials are adversarial in nature. Trials are typically conducted according to a model in which the lawyer presents evidence to a judge who presides without a jury. The judge then decides whether or not the evidence is admissible. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 83 ( 2d ed., Carolina Academic Press 2007)</ref>

If the defendant is accused of an indictable crime, he may elect to have a trial by jury. In a judge and jury trial, the judge acts as the judge of law and the jury acts as the judge or trier of the facts. Section 11(f) of the Charter additionally provides that a defendant may have a trial by jury if he faces a minimum imprisonment of five years and is not charged with a crime under military law. <ref>Canadian Charter of Rights and Freedoms, section 11(f)</ref>

Section 7 of the Canadian Charter of Rights and Freedoms states that a defendant has the right to answer and defend themselves fully. <ref>Canadian Charter of Rights and Freedoms, section 7</ref> The defendant also has the right to be present at the trial, as long as they do not exhibit disruptive behavior. <ref>Criminal Code section 650</ref>

Section 10(b) of the Charter states that an accused has the right to legal counsel at the time of arrest, but does not have the right to counsel at the trial stage for if they cannot afford representation. <ref>Canadian Charter of Rights and Freedoms, section 10(b)</ref>However, the Charter also gives the accused the right not to be deprived of liberty, thus making Section 10(b) a violation of the principles of fundamental justice.<ref> Craig M. Bradley, Criminal Procedure A Worldwide Study 84 ( 2d ed., Carolina Academic Press 2007)</ref> The right to legal counsel has been interpreted as including the right to be informed of this right, to be informed of the right to legal aid and the right to be informed of the right to legal aid. <ref>Dyck, Rand. Canadian Politics: Critical Approaches. Third ed. (Scarborough, Ontario: Nelson Thomson Learning, 2000), p. 439; ↑R. c. Bartle, [1994] 3 R.C.S. 173]</ref>
Witnesses may be subpoenaed in order to testify for either the prosecutor or the defense. These witnesses, however, do not have the right to refuse to testify in order to avoid self incrimination. Section 13 of the Charter protects witnesses from self-incrimination. Expert witnesses may be chosen and paid to testify by the party that has hired them. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 85 ( 2d ed., Carolina Academic Press 2007)</ref>

Every person who has been the victim of a crime has the right to begin a prosecution against the person that they believe has committed the crime. Victims are additionally allowed to make “victim impact statements” and the Criminal Code was revised in 1999 to require judges to inform victims of their right to make such statements. <ref>Canadian Criminal Code, section 722.2</ref> In some
cases, the defendant may be required to make restitution to the victim. <Canadian Criminal Code, section 738</ref>

All Canadian judges must have at least ten years of experience at any Canadian Bar and are appointed to their positions. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 85 ( 2d ed., Carolina Academic Press 2007)</ref>

==Post-Conviction==

The Crown and the convicted may appeal a judgment made by the Court. Appeals can be brought against a conviction / acquittal or against the sentence. An appeal against a conviction can be brought on the following grounds: error of law, error of fact or error of law and fact. Leave for appeal is required when it involves a question of fact and law. It is also required when appeal is brought against the sentence, when the sentence is not one fixed by law. Appeals that are made from the provincial courts to superior courts are first made to the provincial court of appeal and then to the Supreme Court of Canada. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 86 ( 2d ed., Carolina Academic Press 2007)</ref> Section 11(h) of the Charter states that the defendant is protected from double jeopardy only if they have been fully acquitted after all appeals. <ref>Canadian Charter of Rights and Freedoms, section 11(h)</ref>

----
See [[Criminal Justice Systems Around the World]]

<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>

*The prison population rate of Canada is 39,132 with every 117 per 100,000 people in prison
*36.2% of Canadian prisoners are pre-trial detainees and 4.9% are juvenile prisoners
*Canada currently has 172 prison institutions with an official capacity of 35,190 prisoners. The current occupancy level of Canadian prison institutions is about 91.3%

==Notes==
<references/>
{{Languages|Canada}}

__NOTOC__

Senegal

2011-09-26T10:29:28Z

Krishnagagne: /* Appeal */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")</ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP</ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

----
==Pre-Trial Detention==

Pre-trial detention is for an undetermined period for criminal matters. For offences, pre-trial detention shall not exceed 6 months <ref>Article 127 bis</ref>. Pre-trial detention is deducted from the sentence<ref>Article 22 Code Pénal</ref>. The average pre-trial detention between the indictment and judgment is three years, although some detainees have been in jail for over 7 years without having been tried <ref>United Nations Human Rights, Rapport de Travail sur la détention arbitraire, 5th February, 2010, online
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf para 63)
</ref>.
----
==Court Procedures==

The nature of the trial is inquisitorial. The Court of Assises includes a jury. The President is the master of the procedure and may order any measures to find the truth. As such, he may exclude any element which might offend the dignity of the trial<ref>Article 290, CPP</ref>. Cross-examination is not part of the Senegalese procedure. The prosecutor may examine the accused and the witnesses. The accused may examine the witnesses and co-accused through the President<ref>Article 293, CPP</ref>. A party may request expert witnesses to testify on a technical matter<ref>Article 149 CPP</ref>.

The accused has the right of a fair trial. This right is ensured by the separation of the functions of prosecution and examination.

----
==Sentence==

In Senegal, sentences for criminal conducts may include detention, forced labour and death penalty. In cases of forced labour, men are sentenced to the hardest public interest work while women are sentenced to labour inside the jail <ref>Article 19 Code Pénal</ref>. Death penalty is carried out by gunshot<ref>Article 12 Code Pénal</ref>. Any recidivist convicted twice for a crime punishable by an infamant sentence (civil degradation, art 8) or inflictive sentence (death penalty, forced labour or criminal detention, art. 7 Code penal) is liable to serve the double of the original sentence<ref>Article 42 Code Pénal</ref>. Judgment can be made in abstentia <ref>Article 23 Code Pénal, and Articles 253 and 356 CPP</ref>.

----
==Appeal==

The Court of Cassassion has jurisdiction over excess of power of executive authorities, incompetence, non-respect of the law or custom.

A party may seek revision of a judgment for homicide on the basis of new evidence that was not available at the time of trial, or when another individual was condemned for the same crime and that both judgments are not compatibles <ref>Article 83, Loi organique portant sur la création de la Cour suprême</ref> .

----

==Post Conviction Facts/Issues==

The penitentiary population is 7 086 detainees, among which 6 692 are men;
250 women and 144 minors. 4 149 are convicted and 2 937 are in pre-trial detention. 10% are foreigners<ref>United Nations Human Rights, Rapport du Groupe de Travail sur la détention abusive, 5th February, 2010, online:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 49 </ref>. The occupancy rate is 97.2%.

Canada

2011-09-20T10:37:46Z

Krishnagagne: /* Pre-trial phase */

{| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
|-
|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>
*[http://laws.justice.gc.ca/en/const/index.html Canadian Constitution (English)]
*[[Canadian Charter of Rights and Freedoms]]
*[[Media:Code_Criminal_Procedure_Canada.pdf | Canadian Code of Criminal Procedure (English and French)]]
*[[Media:Evidence_Code_of_Canada.pdf | Canadian Evidence Code]]
<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
|}

==Background==
Canada is a member of the British Commonwealth of Nations and is comprised of ten provinces and three territories. <ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref>The Canadian Parliament is located in Ottawa and the country ranks as the world’s second largest nation, after Russia. <ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref> In 1867, Canada became a self governing nation within the Commonwealth and since then has continued to develop at a similar rate as the United States to the south. <ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref> The head of state of Canada is Queen Elizabeth of England, as represented by the Governor General, and the head of government is Prime Minister Stephen Joseph Harper.<ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref> 58.8% of the Canadian population speaks English while 21.6% of the population (mainly located in the province of Quebec) speaks French.<ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref> Approximately 46% of the Canadian population is of European descent, while 26% is of mixed descent and 6% is of Asian, African, or Arab descent. <ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref>

==Type of System==
Canada’s legal system is based on English common law, except in the province of Quebec which applies a hybrid system inspired by French civil law with considerable common law influence.<ref>CIA World Factbook available at <www.cia.gov/library/publications/the-world-factbook></ref> Canada’s criminal law is within the exclusive jurisdiction of the federal government. The law and produre are included in a criminal code that has been in effect since 1862. <ref>RSC 1985</ref> The Canadian Criminal Code is thus applicable uniformly throughout the country. Where the criminal code is deficient, the courts use interpretations common law to make decisions. The Courts are bound to apply the Canadian Charter of Rights and Freedoms, which is embedded in the Constitutional Act, 1982. Given the British sources of the Canadian legal system, the prosecutor in Canada is known as the Crown Prosecutor. As, a criminal case is referenced as "the Crown v. ['''defendant''']".

==Sources of defendants’ rights==
The Canadian Charter of Rights and Freedoms provides Canadians with basic rights and protections against police actions. For example, the Charter provides rights against unlawful searches and seizures, protection from arbitrary detention, the right to counsel after arrest or detention, the guarantee to a fair trial, and the right not be denied reasonable bail. <ref>Canadian Charter of Rights and Freedoms, Articles 7, 8, 9, 10, and 11 </ref> All actions that do not respect the rights awarded by the Charter are deemed unlawful. <ref>Constitution Act, 1982 section 52(1)</ref> The Supreme Court of Canada has stated that the Canadian Charter of Rights and Freedoms is not exhaustive and that Canadian citizens have additional rights beyond the text of the Constitution.<ref>New Brunswick Broadcasting Co. v. Nova Scotia [1993] 1 S.C.R. 319</ref>

==Pre-trial phase==
Section 495 of the Canadian Criminal Code gives police officers the right to arrest an individual without a warrant if the officer has reasonable suspicion that the individual has, is about to, or is in the act of committing a crime. <ref>Canadian Criminal Code, section 495</ref>Therefore, most arrests are made without warrants. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 60 ( 2d ed., Carolina Academic Press 2007)</ref>The Charter does not give Canadian police officers any statutory powers to stop and detain either individuals or vehicles. They also have no statutory powers to detain and question individuals. Canadian common law states that a police officer may question the detainee and ask for identification, but the detainee has the right to silence and is not required to cooperate. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 58 ( 2d ed., Carolina Academic Press 2007)</ref> Furthermore, Section 10(a) of the Charter states that an arrested individual must be informed of the reason for their arrest. <ref>Canadian Charter of Rights and Freedoms, section 10(a)</ref>

Section 8 of the Charter states that “everyone has the right to be secure against unreasonable search or seizure”. In the event that an invasion of privacy is required in order to complete a search, a search warrant must be obtained. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 66 ( 2d ed., Carolina Academic Press 2007)</ref>

Article 9 of the Canadian Charter of Rights and Freedoms states that everyone has the right not to be arbitrarily detained or imprisoned. <ref>Canadian Charter of Rights and Freedoms, article 9</ref> Detention, according to the Canadian Charter, includes the deprivation of liberty, the assertion of control over another person, and the proposal of demands that carry legal significance. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 77 ( 2d ed., Carolina Academic Press 2007)</ref>

Section 10(b) of the Charter declares that individuals who have been detained have the immediate right to legal counsel and must be informed of that right promptly at the time of arrest. <ref>Canadian Charter of Rights and Freedoms, section 10(b)</ref> Once a detainee asks for a lawyer, the arresting officer cannot ask him any more questions, but must enable the detainee to access legal counsel through the use of a telephone. <ref>Canadian Criminal Code Section 34 (3d) and Canadian Criminal Code Section 385</ref>

Pre-trial detention is deducted from the whole sentence. If the circumstances warrant it, judges may deduct 1.5 day per day spent in pre-trial detention<ref>Section 719 (3) Criminal Code and Projet de loi C-25 : Loi sur l'adéquation de la peine et du crime, 24 avril 2009</ref>.

==Trial==
After an arrest, the Canadian police must release the suspect as soon as possible, unless detention is necessary in order to discern identity or obtain evidence. <ref>Canadian Criminal Code, sections 497-499</ref> Additionally, an arrested person must be brought before a judge either within 24 hours, or as soon as possible. <ref>Canadian Criminal Code Section 503</ref>

Police officers and prosecutors draw up indictments and informations in Canada. There is no grand jury and the courts recognize that the police are independent from the executive in instances of decisions to lay charges. Additionally, court proceedings may be canceled if there has been irreversible damage to either the defendant’s rights or to the integrity of the judicial system. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 80 ( 2d ed., Carolina Academic Press 2007)</ref>

===Right to be presumed innocent until proven guilty===
Preliminary hearings in the Canadian legal system are only allowed for indictable offenses. Any party may request a preliminary hearing. Preliminary hearings are held by a magistrate and the issue is not to determine guilt or innocence of the accused, but rather to determine whether there is sufficient evidence to justify a trial. There has been recent debate, however, on whether or not preliminary inquiries should be abolished due to new disclosure requirements and the increasing length and cost of trials.<ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 81 ( 2d ed., Carolina Academic Press 2007)</ref> Pre-trial motions are used most commonly in instances of matters related to the Charter according to local laws of procedure. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 82 ( 2d ed., Carolina Academic Press 2007)</ref>

In the 1990 Stinchcombe case ([1991] 3 S.C.R. 326), the Canadian Supreme Court ruled that Section 7 of the Charter requires prosecutors to disclose relevant evidence to the defendant at an early stage of the trial. Relevant evidence is determined to be evidence that could possibly be useful to the accused. Canadian law does not recognize a difference between inculpatory and exculatory evidence. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 82 ( 2d ed., Carolina Academic Press 2007)</ref>
Canadian trials are adversarial in nature. Trials are typically conducted according to a model in which the lawyer presents evidence to a judge who presides without a jury. The judge then decides whether or not the evidence is admissible. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 83 ( 2d ed., Carolina Academic Press 2007)</ref>

If the defendant is accused of an indictable crime, he may elect to have a trial by jury. In a judge and jury trial, the judge acts as the judge of law and the jury acts as the judge or trier of the facts. Section 11(f) of the Charter additionally provides that a defendant may have a trial by jury if he faces a minimum imprisonment of five years and is not charged with a crime under military law. <ref>Canadian Charter of Rights and Freedoms, section 11(f)</ref>

Section 7 of the Canadian Charter of Rights and Freedoms states that a defendant has the right to answer and defend themselves fully. <ref>Canadian Charter of Rights and Freedoms, section 7</ref> The defendant also has the right to be present at the trial, as long as they do not exhibit disruptive behavior. <ref>Criminal Code section 650</ref>

Section 10(b) of the Charter states that an accused has the right to legal counsel at the time of arrest, but does not have the right to counsel at the trial stage for if they cannot afford representation. <ref>Canadian Charter of Rights and Freedoms, section 10(b)</ref>However, the Charter also gives the accused the right not to be deprived of liberty, thus making Section 10(b) a violation of the principles of fundamental justice.<ref> Craig M. Bradley, Criminal Procedure A Worldwide Study 84 ( 2d ed., Carolina Academic Press 2007)</ref> The right to legal counsel has been interpreted as including the right to be informed of this right, to be informed of the right to legal aid and the right to be informed of the right to legal aid. <ref>Dyck, Rand. Canadian Politics: Critical Approaches. Third ed. (Scarborough, Ontario: Nelson Thomson Learning, 2000), p. 439; ↑R. c. Bartle, [1994] 3 R.C.S. 173]</ref>
Witnesses may be subpoenaed in order to testify for either the prosecutor or the defense. These witnesses, however, do not have the right to refuse to testify in order to avoid self incrimination. Section 13 of the Charter protects witnesses from self-incrimination. Expert witnesses may be chosen and paid to testify by the party that has hired them. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 85 ( 2d ed., Carolina Academic Press 2007)</ref>

Every person who has been the victim of a crime has the right to begin a prosecution against the person that they believe has committed the crime. Victims are additionally allowed to make “victim impact statements” and the Criminal Code was revised in 1999 to require judges to inform victims of their right to make such statements. <ref>Canadian Criminal Code, section 722.2</ref> In some
cases, the defendant may be required to make restitution to the victim. <Canadian Criminal Code, section 738</ref>

All Canadian judges must have at least ten years of experience at any Canadian Bar and are appointed to their positions. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 85 ( 2d ed., Carolina Academic Press 2007)</ref>

==Post-Conviction==

The Crown and the convicted may appeal a judgment made by the Court. Appeals can be brought against a conviction / acquittal or against the sentence. An appeal against a conviction can be brought on the following grounds: error of law, error of fact or error of law and fact. Leave for appeal is required when it involves a question of fact and law. It is also required when appeal is brought against the sentence, when the sentence is not one fixed by law. Appeals that are made from the provincial courts to superior courts are first made to the provincial court of appeal and then to the Supreme Court of Canada. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 86 ( 2d ed., Carolina Academic Press 2007)</ref> Section 11(h) of the Charter states that the defendant is protected from double jeopardy only if they have been fully acquitted after all appeals. <ref>Canadian Charter of Rights and Freedoms, section 11(h)</ref>

----
See [[Criminal Justice Systems Around the World]]

<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>

*The prison population rate of Canada is 39,132 with every 117 per 100,000 people in prison
*36.2% of Canadian prisoners are pre-trial detainees and 4.9% are juvenile prisoners
*Canada currently has 172 prison institutions with an official capacity of 35,190 prisoners. The current occupancy level of Canadian prison institutions is about 91.3%

==Notes==
<references/>
{{Languages|Canada}}

__NOTOC__

Senegal

2011-09-19T16:11:31Z

Krishnagagne: /* Sentence */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")</ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP</ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

----
==Pre-Trial Detention==

Pre-trial detention is for an undetermined period for criminal matters. For offences, pre-trial detention shall not exceed 6 months <ref>Article 127 bis</ref>. Pre-trial detention is deducted from the sentence<ref>Article 22 Code Pénal</ref>. The average pre-trial detention between the indictment and judgment is three years, although some detainees have been in jail for over 7 years without having been tried <ref>United Nations Human Rights, Rapport de Travail sur la détention arbitraire, 5th February, 2010, online
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf para 63)
</ref>.
----
==Court Procedures==

The nature of the trial is inquisitorial. The Court of Assises includes a jury. The President is the master of the procedure and may order any measures to find the truth. As such, he may exclude any element which might offend the dignity of the trial<ref>Article 290, CPP</ref>. Cross-examination is not part of the Senegalese procedure. The prosecutor may examine the accused and the witnesses. The accused may examine the witnesses and co-accused through the President<ref>Article 293, CPP</ref>. A party may request expert witnesses to testify on a technical matter<ref>Article 149 CPP</ref>.

The accused has the right of a fair trial. This right is ensured by the separation of the functions of prosecution and examination.

----
==Sentence==

In Senegal, sentences for criminal conducts may include detention, forced labour and death penalty. In cases of forced labour, men are sentenced to the hardest public interest work while women are sentenced to labour inside the jail <ref>Article 19 Code Pénal</ref>. Death penalty is carried out by gunshot<ref>Article 12 Code Pénal</ref>. Any recidivist convicted twice for a crime punishable by an infamant sentence (civil degradation, art 8) or inflictive sentence (death penalty, forced labour or criminal detention, art. 7 Code penal) is liable to serve the double of the original sentence<ref>Article 42 Code Pénal</ref>. Judgment can be made in abstentia <ref>Article 23 Code Pénal, and Articles 253 and 356 CPP</ref>.

----
==Appeal==

The Court of Cassassion has jurisdiction over excess of power of executive authorities, incompetence, non-respect of the law or custom.

A party may seek revision of a judgment for homicide on the basis of new evidence that was not available at the time of trial, or when another individual was condemned for the same crime and that both judgments are not compatibles <ref>Article 83, Loi organique portant sur la création de la Cour suprême</ref>.

----
==Post Conviction Facts/Issues==

The penitentiary population is 7 086 detainees, among which 6 692 are men;
250 women and 144 minors. 4 149 are convicted and 2 937 are in pre-trial detention. 10% are foreigners<ref>United Nations Human Rights, Rapport du Groupe de Travail sur la détention abusive, 5th February, 2010, online:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 49 </ref>. The occupancy rate is 97.2%.

Senegal

2011-09-19T16:05:31Z

Krishnagagne: /* Court Procedures */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")</ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP</ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

----
==Pre-Trial Detention==

Pre-trial detention is for an undetermined period for criminal matters. For offences, pre-trial detention shall not exceed 6 months <ref>Article 127 bis</ref>. Pre-trial detention is deducted from the sentence<ref>Article 22 Code Pénal</ref>. The average pre-trial detention between the indictment and judgment is three years, although some detainees have been in jail for over 7 years without having been tried <ref>United Nations Human Rights, Rapport de Travail sur la détention arbitraire, 5th February, 2010, online
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf para 63)
</ref>.
----
==Court Procedures==

The nature of the trial is inquisitorial. The Court of Assises includes a jury. The President is the master of the procedure and may order any measures to find the truth. As such, he may exclude any element which might offend the dignity of the trial<ref>Article 290, CPP</ref>. Cross-examination is not part of the Senegalese procedure. The prosecutor may examine the accused and the witnesses. The accused may examine the witnesses and co-accused through the President<ref>Article 293, CPP</ref>. A party may request expert witnesses to testify on a technical matter<ref>Article 149 CPP</ref>.

The accused has the right of a fair trial. This right is ensured by the separation of the functions of prosecution and examination.

----
==Sentence==

In Senegal, sentences for criminal conducts may include detention, forced labour and death penalty. In cases of forced labour, men are sentenced to the hardest public interest work while women are sentenced to labour inside the jail <ref>Article 19 Code Pénal</ref>. Death penalty is carried out by gunshot<ref>Article 12 Code Pénal</ref>. Any recidivist convicted twice for a crime punishable by an infamant sentence (civil degradation, art 8) or inflictive sentence (death penalty, forced labour or criminal detention, art. 7 Code penal) is liable to serve the double of the original sentence<ref>Article 42 Code Pénal</ref>. Judgment can be made in abstentia <ref>Article 23 Code Pénal, and Articles 253 and 356 CPP</ref>.

Senegal

2011-09-19T16:01:00Z

Krishnagagne: /* Pre-Trial Detention */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")</ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP</ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

----
==Pre-Trial Detention==

Pre-trial detention is for an undetermined period for criminal matters. For offences, pre-trial detention shall not exceed 6 months <ref>Article 127 bis</ref>. Pre-trial detention is deducted from the sentence<ref>Article 22 Code Pénal</ref>. The average pre-trial detention between the indictment and judgment is three years, although some detainees have been in jail for over 7 years without having been tried <ref>United Nations Human Rights, Rapport de Travail sur la détention arbitraire, 5th February, 2010, online
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf para 63)
</ref>.
----
==Court Procedures==

Senegal

2011-09-19T15:56:56Z

Krishnagagne: /* Pre-Trial Phase */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")</ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP</ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

----
==Pre-Trial Detention==

Senegal

2011-09-19T15:55:44Z

Krishnagagne: /* Pre-Trial Phase */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")</ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP</ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

----

Senegal

2011-09-19T15:55:05Z

Krishnagagne: /* Pre-Trial Phase */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")</ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP</ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

----

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

<references>
----

Senegal

2011-09-19T15:54:22Z

Krishnagagne: /* Sources of Defendant's Rights */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")</ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP</ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

<references>

Senegal

2011-09-19T15:47:57Z

Krishnagagne: /* Sources of Defendant's Rights */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).
----

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")</ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP</ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

<references>

Senegal

2011-09-19T15:46:22Z

Krishnagagne: /* Notes */

==Background==

The country of Senegal is comprised of 14 regions with the capital city called Dakar.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html</ref> Senegal was once a French colony, and gained its independence on April 4, 1960. Senegal previously tried political unions with Mali in 1959 and Gambia in 1982, but neither of these unions lasted. Currently Senegal is officially a republic. It follows a type of new regime which was crafted by African States since the beginning of the 60s, which regime is characterized by presidential monocentrism<ref>BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml</ref>.

For 40 years (since 1960), the Socialist Party was Senegal's principle political party, but in 2000, the leader of the Senegalese Democratic Party, Abdoulaye Wade, was elected president. Wade has been in the presidential position since 2000, winning the 2007 presidential elections as well.

Though French is the country's official language, there are several other languages spoken including Wolof, Pulaar, Serer, Diola, Mandingo, and Soninke.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref> Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.<ref>http://www.state.gov/r/pa/ei/bgn/2862.htm</ref>

==Type of System==

The judicial system in Senegal is based on the French civil code. Under Article 88 of the Constitution, the judicial branch consists of the Conseil Constitutionnel, the Conseil d’Etat, the Cour de Cassation, the Cour des Comptes and the Courts and Tribunals.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Conseil Constitutionnel has jurisdiction over the legality of laws passed by parliament. It is comprised of five judges, all of whom are appointed by the president. The Cour de Cassation is the highest court for civil and criminal matters while the Conseil d'Etat is the highest court for administrative law matters.<ref>http://www.ialsnet.org/meetings/enriching/camara.pdf</ref> The Cour de Comptes has jurisdiction over checking public accounts.<ref>http://www.nyulawglobal.org/Globalex/SENEGAL.htm</ref>

It should be noted that though Islamic and traditional laws are generally not officially incorporated into the Senegalese judicial system, principles from such law are still strongly influential.

Under the Code de Procedure Penale (Code of Criminal Procedure), article 218, the Cour d'Assises (criminal trial court) has jurisdiction to hear criminal law cases.<ref>http://www.justice.gouv.sn/droitp/CPP.PDF</ref>

==Sources of Defendant's Rights==

The Defendants’ rights are primarily found in the Constitution of Senegal, which was adopted by constitutional referenda on 7th January, 2001. It is the fourth constitution of the country, after
those of 1959, 1960 and 1963. Following the example of most Franco-African countries, the Constitution of Senegal is heavily based on the 1958 French Constitution, considered as being the “Mother Constitution”<ref>BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,</ref>.

The document grants few rights related to judicial proceedings, including the right of equality before the law, right to life (as defined by law) and right to freedom. The Constitution also prohibits ex post facto laws and protects from arbitrary search and seizure. As discussed below, death penalty and forced labour are still prevailing in Senegal, thus infringing seriously the rights to life and freedom protected by the Constitution.

The Code de procedure pénale (LOI n° 2008-50 du 23 septembre 2008 modifiant le Code de Procédure pénale) is also a significant source of the defendants’s rights in Senegal. Article 257 of the Code de Procedure Penale provides that upon the start of the trial at the cour d'assises, the defendant must be represented by counsel. If the defendant does not have counsel of his own, the state will assign him an attorney. Article 260 provides a period of five days in which the attorney for the defendant may prepare before arguments, once the president of the cour d'assises has interviewed the defendant (i.e. verified the defendant's identity).
----
See [[Criminal Justice Systems Around the World]]

==Pre-Trial Phase==

'''Arrest, Search and Seizure'''

The Senegalese Code of Penal Procedure provides that in cases of crime flagrant, i.e. a crime that is being committed or one that has just been committed, the Officer of Judiciary Police informs immediately the Republic’s Prosecutor and visits the crime scene in order to report his findings. The Officer of Judiciary Police seizes any arm or instrument that was used or meant to be used for the commission of the crime, and preserves any clue that he may find in sitiu<ref>Article 46, Code of Penal Procedure("CPP")</ref>. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed<ref>Article 49 CPP</ref>.

Delay of detention in custody (''garde à vue'') depends on the gravity of the crime. It shall not exceed 24 hours where the objective is to identify a person and collect information<ref>Article 55 CPP</ref>. In case where there are grave and concordant clues against a person, detention cannot exceed 48 hours (art. 55). Such delay may be extended for another 48 hours by the Republic’s Prosecutor. The detainee has the right to be informed of the reasons of such extension and has the right to counsel, failing which, nullity of the minute is declared<ref>Article 55 CPP</ref>. Any irregularity in the procedure may entail stay of procedures<ref>United Nations Human Rights, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para 39</ref>. The initial interview with Counsel may not exceed 30 minutes <ref>Article 55 bis, CPP</ref>. When the Republic’s Prosecutor is informed of abuses committed by the Judiciary Police against persons in garde à vue, he informs the General Prosecutor, who, in turn, instructs the Accusation Chamber<ref>Article 59 CPP</ref>. In practice, such delays are not respected and the situation is alarming in a country where habeas corpus is inexistent and where no mechanisms exist to contest the legality of such detentions <ref>United NAtions Human RIghts, Rapport du groupe de travail sur la détention arbitraire, 5th February, 2010, online:http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-30-Add3_fr.pdf at para. 62</ref>.

The same rights are granted at preliminary examination <ref>Articles 67-69</ref>, as well as during search and seizures<ref>Article 85 CPP</ref>. In the latter case, the Judge of Instruction has the obligation to ensure the respect of professional secret and the rights of the defense, as described above.

At first hearing, and before pressing any charge, the suspect is informed of his right to counsel. In criminal cases before the Court of Assises, a defense attorney is mandatory<ref>Article 102, CPP</ref>. However, if counsel does not show up within 24 hours, the Judge is free to charge the suspect. At first hearing, the Judge of Instruction confirms the identity of the suspect, informs him of the facts for which he is suspected and advises him of his right to remain silent<ref>Article 101, CPP</ref>. The above rights apply unless there is a case of emergency.

An arrest warrant is issued by the Judge of Instruction in order to arrest the accused and bring him to the detention center <ref>Article 114 CPP</ref>.

<references>

Senegal

2011-09-13T09:48:31Z

Krishnagagne: /* Sources of Defendant's Rights */

Senegal

2011-09-13T09:47:56Z

Krishnagagne: /* Sources of Defendant's Rights */

Senegal

2011-09-13T09:38:59Z

Krishnagagne: /* Sources of Defendant's Rights */

Senegal

2011-09-13T09:34:27Z

Krishnagagne: /* Background */

Senegal

2011-09-13T09:32:57Z

Krishnagagne: /* Background */

Cameroon

2011-06-02T12:05:31Z

Krishnagagne: /* Sources of defendants’ rights */

==Background==

Cameroon, officially known as the Republic of Cameroon, is a country in Central Africa that is comprised of 10 provinces and 1 capital, Yaounde. It was discovered by Portuguese in the 15000 and its name derives from "Camaroes", which means shrimps in Portuguese. Prior to World War I, Cameroon was a German colony. However, after Germany's defeat in the Great War, the colony was partitioned between France and Great Britain, with France obtaining control of a larger geographic share. In 1955, the Union of the Peoples of Cameroon began an armed struggle for independence in French Cameroon. The French part of Cameroon became independent on January 1, 1960, forming the Republic of Cameroon. The following year, in British Cameroon, the northern two-thirds of the territory, which was mostly occupied by Muslims, voted to join Nigeria while the southern one-third of the territory, which was Christian, voted to join the Republic of Cameroon. The British section of Cameroon officially gained independence on October 1, 1961. The first president of Cameroon was Ahmadou Ahidjo, who served from 1961 to 1982. Under Ahidjo's rule, Cameroon outlawed all political parties except for Ahidjo's and implemented a new constitution in 1972. The 1972 constitution, which provides for a strong central government dominated by the executive branch, turned Cameroon from a federation of two regions into a unitary state. When Ahidjo stepped down in 1982, he was constitutionally succeeded by Paul Biya, who is presently still retains the presidency.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

Cameroon Cameroon is made up of an extraordinary diversity of about 250 tribes speaking at least 280 different indigenous languages. It has a population of about 19.5 million people, among which 20% is Anglophone and 80% Francophone. The official languages of Cameroon are English and French, although the French language is dominant. In anglophone provinces, Pidgin English is widely spoken. Religions in the country range from Christian (40%) or Muslim (20%) to indigenous African (40%).<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

==Type of System==

Cameroon legal system is a relic of the colonial era. However, despite the fact that Cameroon was unified from a political and administrative perspective since 1972, there are dual and contradictory procedural sources in Cameroon: the Criminal Procedure Ordinance, extracted from the Laws of Nigeria of 1958 and the Code of criminal instruction (Code d’instruction criminelle) which comes from the Ordinance of 14th February 1938. Hence, Cameroon applies a dual system, if not conflicting, influenced by both civil law and common law. It may be noted that traditional courts in the villages (i.e., non statutory courts) exercise jurisdiction over whatever matter, issue, cause or dispute arising in the village whether civil of criminal<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155 </ref>.
Customary law governs matters such as customary marriages, divorce, custody, inheritance, adoption and affiliation and also lands held by customary communities. Customary law includes Islamic Law and those native laws and customs “which are not repugnant … and not incompatible to natural justice, equity and good conscience, nor incompatible either directly or by natural implication with the written law for the time being in force"<ref>
The Customary courts ordinance cap 142 of 1948</ref>.

English Cameroon adheres to the stare decisis rule. In Francophone Cameroon, however, the stare decisis is not strictly adhered to and is not considered as a primary source of law. Rather, it is considered as being highly persuasive when coming from the superior courts. In Francophone Cameroon, procedure is inquisitorial<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155</ref>.

In practice, Cameroon is known to be one of the most corrupted countries in the world. Bribing is a way of life and what is commonly known as a whisky often supersedes formal laws. According to Transparency International, police and the judicial system are among the most corrupt sectors in Cameroon<ref>Wikipedia, Corruption au Cameroun, online: http://fr.wikipedia.org/wiki/Corruption_au_Cameroun and Transparency Watch, http://www.transparency.org/publications/newsletter/2007/november_2007/anti_corruption_work/gcr_french </ref>. Moreover, there is no efficient system of law reporting in the country, despite commendable efforts in that direction. Hence, the law is not readily accessible to citizens and is not applied uniformly.

The highest judicial authority in Cameroon is the Ministry of Justice, which located under the executive branch. The Supreme Court is located within the Ministry of Justice and may only review cases at the president's request.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref> The Supreme Court is comprised of six judges, all of whom are appointed by the president. It has jurisdiction over the whole country. There is also a High Court of Justice, composed of nine judges and six substitute judges who are elected by the National Assembly.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/cm.html</ref> High Courts operate at divisional level, but they also often cover several divisions. The Cameroonian system has trial courts/courts of first instances in every one of its 58 country divisions, with a court of appeal in each of the country's 10 official regions. There are Magistrates' Courts, which operate at sub-divisional level, although they usually cover subdivisions. Finally, there are also Traditional Law Courts, which operate at village or tribal level<ref>GlobaLex, Researching Cameroon Law, Charles Manga Fambad, online: http://www.nyulawglobal.org/Globalex/Cameroon.htm </ref>.

----
See [[Criminal Justice Systems Around the World]]

==Sources of defendants’ rights==

The sources of defendant’s rights are mainly found in the Constitution, the legislation and judicial precedents and customary law<ref>GlobalLex, Researching Cameroonian Law, Charles Manga Fombad, online: http://www.nyulawglobal.org/Globalex/Cameroon.htm </ref>. Judicial precedent will be applied differently depending on whether the litigants are in Anglophone or Francophone Cameroon. The Constitution is the most important source of law in Cameroon and offers protections from illegal search and seizure, illegal arrest, detention and prosecution, prevents from retrospective effects of the law, ensures a fair hearing, guarantee the presumption of innocence, the rights to life and physical and moral integrity, protects from cruel, humane treatments and torture<ref>Constitution of the Republic of Cameroon,Law No. 96-06 of 18 January 1996 to amend the Constitution of 2 June 1972,online: http://confinder.richmond.edu/admin/docs/Cameroon.pdf</ref>. The Cameroon Constitution was adopted in 1960 upon independence and was later on amended and then redrafted in 1972. The 1872 version has also been amended several times, with the last amendment made in 2008<ref>http://en.wikipedia.org/wiki/Constitution_of_Cameroon</ref>.

==Pre-Trial Phase==

Cameroon law makes the distinction between flagrant delictos (flagrant crimes) and non flagrant crimes. A flagrant crime includes one which has just been committed, or one for which the public chases the suspect after the commission thereof<ref>Nouveau Code de Procédure Pénale, Presses Universitaires d’Afrique, Yaoundé, (2005), entered into force on 1st January, 2007 by loi n°2005-007 du 27 juillet 2005 portant code de procédure pénale (NCPP)Section 103</ref>. In the case of flagrant crimes, the police officer may prohibit any witness to move away from the crime scene for a period not exceeding 12 hours<ref>Section 104 (2)a) NCPP.</ref>. The Republic Prosecutor is competent to deal with flagrant crimes. Once the Prosecutor arrives, the police agent is no longer seized of the matter<ref>Section 111 NCPP</ref>.
The Prosecutor identifies the suspect, summarily examines him/her, and if charges are laid by magistrate, the Prosecutor decides whether the accused is detained or freed on bail<ref>Section 114 (1) NCPP</ref>.

After arrest, section 52 of the Code of Penal Procedure provides that an accused shall appear before the Court within:

5 days if the accused resides in the city where the hearing is;

10 days if he resides in the department where the hearing is;

30 days if he resides in another department or;

90 days if he resides abroad.

A person arrested has the right to counsel, to speak with his family, to find the means to ensure a defense, to consult a doctor and to get medical treatments if necessary and to take measures to be released on bail<ref>Section 37, NCPP</ref>. Upon arrest, the accused has the right to be informed of the reasons of the arrest and to be accompanied by a third party in order for the third party to know where the accused is taken. The accused may be detained for a period not exceeding 24 hours.

The sanction for the non-respect of a penal procedure rule is stay of procedures<ref>Sections 3 and 4 NCPP</ref>. When the violation either undermines the rights of the accused or is against public order, the sanction is absolute stay of procedures<ref>Section 3 NCPP</ref>. Such violation may be alleged any time during the trial. When the violation of the code is from a different nature, the sanction is relative stay of procedures and must be alleged in limine litis, failing which, the sanction is no longer available<ref>Section 4 NCPP</ref>.

The New Code has improved and defined the rights of the suspect with regard to police custody (garde à vue). Before, police used this method for hidden purposes, chiefly, to examine suspects by virtually all means in order to obtain confessions, often under coercion. Now, police custody is limited to 48 hours and can be renewed twice by authorization of the Prosecutor<ref>Section 119 NCPP</ref>. During this time, the suspect is entitled to communicate with his lawyer<ref>Section 122 NCPP</ref>. Section 118 of the Code provides that no one having a known residence may be kept under police custody unless there are grave and concordant elements against that person pointing toward the commission of a crime or flagrant offence.

Remedies for victims of unlawful or abusive detention is indemnification: section 236 of the NCPP provides that in such cases, when the charges are dismissed or the accused is found not guilty, the victim may be indemnified if he proves that the detention caused him “actual prejudice of a particular gravity”. The letter of the law does not provide more details as to what “particular gravity” means.

==Court Procedures==

The nature of the trial is accusatorial<ref> Fonachu, née Fang Helen Ike, The Criminal Justice System in Cameroon: Problems faced with Regard to Corruption and Suggested Solutions, http://www.unafei.or.jp/english/pdf/RS_No76/No76_16PA_Ike.pdf </ref>.

Preliminary investigation is mandatory in all felonies. The judicial police officer has the obligation to inform the suspect at the beginning of the preliminary investigation of his right to remain silent and his right to be assisted by counsel, failing which, the procedures are stayed<ref>Section 116, NCPP</ref>.
Where the suspect has no known residence or no money for bail bond, he is arrested and taken before the Prosecutor at the end of the preliminary examination<ref>
Section 117 NCPP</ref>. Otherwise, he is freed at the end of the preliminary examination.

At first hearing, the suspect is informed of the facts for which he is suspected of having committed, as well as the applicable sections of the criminal legislation. Such information provided to the suspect is known as a holding charge and only an examining magistrate can lay charges<ref>
Section 167 NCPP</ref>. The judge shall inform the accused that he is free not to make any spontaneous declaration and may be assisted by counsel<ref>
Section 170 (2) NCPP</ref>. Any confession obtained in violation of these rules is invalid, except if the indicted is accused of flagrant crime or where there is an element of urgency, including cases where the evidence could disappear or in the event of the eminent death of a witness<ref>Section 174 (3) NCPP</ref>.

Pre-trial detention is exceptional and can only be ordered in cases of delicto or crime. Where the indicted has a known domicile, pre-trial detention can only be ordered in cases of crime which carry a jail sentence<ref>Section 218 NCPP</ref>. Pre-trial detention cannot exceed 6 months and can be renewed for (a) 6 months in cases involving a delicto, and (b) 12 months in cases involving a crime. After the expiration of the delay of validity for pre-trial detention, he judge ought to free the accused, failing which, the judge is exposed to disciplinary sanctions.

The New Code has introduced elements of common law at trial. Each witness is subject to an examination-in-chief. If the opposite party so desires, he/she may cross-examine the witness and finally, the party who called the witness is free to re-examine the witness<ref>Section 332 NCPP</ref>. Cross-examination is not limited to fact raised in examination-in-chief, but no new fact shall be raised in re-examination<ref>Section 332 (2)(3)(4)(5) NCPP</ref>.

When necessary to determine a technical question, a party or the magistrate may call an expert witness<ref>Sections 203 ss NCPP</ref>.

Any party has the right to appeal the judgment within 10 days of the day after the judgment was delivered. A judgment made by the court of appeal may be subject to cassation before the Supreme Court<ref>Section 472 NCPP</ref>.

==Post-Conviction Facts / Issues==

The estimated prison population is 23 000 as of 2009, including pre-trial detainees and remand prisoners. There are 72 establishments in Cameroon and the official capacity is 16,142 detainees, thus raising the occupancy level at 137.4%<ref>King's College London, World Prison Brief, online:
http://www.kcl.ac.uk/depsta/law/research/icps/worldbrief/wpb_country.php?country=7</ref>.

==Notes==
<references/>

Cameroon

2011-06-02T11:10:48Z

Krishnagagne: /* Post-Conviction Facts / Issues */

==Background==

Cameroon, officially known as the Republic of Cameroon, is a country in Central Africa that is comprised of 10 provinces and 1 capital, Yaounde. It was discovered by Portuguese in the 15000 and its name derives from "Camaroes", which means shrimps in Portuguese. Prior to World War I, Cameroon was a German colony. However, after Germany's defeat in the Great War, the colony was partitioned between France and Great Britain, with France obtaining control of a larger geographic share. In 1955, the Union of the Peoples of Cameroon began an armed struggle for independence in French Cameroon. The French part of Cameroon became independent on January 1, 1960, forming the Republic of Cameroon. The following year, in British Cameroon, the northern two-thirds of the territory, which was mostly occupied by Muslims, voted to join Nigeria while the southern one-third of the territory, which was Christian, voted to join the Republic of Cameroon. The British section of Cameroon officially gained independence on October 1, 1961. The first president of Cameroon was Ahmadou Ahidjo, who served from 1961 to 1982. Under Ahidjo's rule, Cameroon outlawed all political parties except for Ahidjo's and implemented a new constitution in 1972. The 1972 constitution, which provides for a strong central government dominated by the executive branch, turned Cameroon from a federation of two regions into a unitary state. When Ahidjo stepped down in 1982, he was constitutionally succeeded by Paul Biya, who is presently still retains the presidency.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

Cameroon Cameroon is made up of an extraordinary diversity of about 250 tribes speaking at least 280 different indigenous languages. It has a population of about 19.5 million people, among which 20% is Anglophone and 80% Francophone. The official languages of Cameroon are English and French, although the French language is dominant. In anglophone provinces, Pidgin English is widely spoken. Religions in the country range from Christian (40%) or Muslim (20%) to indigenous African (40%).<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

==Type of System==

Cameroon legal system is a relic of the colonial era. However, despite the fact that Cameroon was unified from a political and administrative perspective since 1972, there are dual and contradictory procedural sources in Cameroon: the Criminal Procedure Ordinance, extracted from the Laws of Nigeria of 1958 and the Code of criminal instruction (Code d’instruction criminelle) which comes from the Ordinance of 14th February 1938. Hence, Cameroon applies a dual system, if not conflicting, influenced by both civil law and common law. It may be noted that traditional courts in the villages (i.e., non statutory courts) exercise jurisdiction over whatever matter, issue, cause or dispute arising in the village whether civil of criminal<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155 </ref>.
Customary law governs matters such as customary marriages, divorce, custody, inheritance, adoption and affiliation and also lands held by customary communities. Customary law includes Islamic Law and those native laws and customs “which are not repugnant … and not incompatible to natural justice, equity and good conscience, nor incompatible either directly or by natural implication with the written law for the time being in force"<ref>
The Customary courts ordinance cap 142 of 1948</ref>.

English Cameroon adheres to the stare decisis rule. In Francophone Cameroon, however, the stare decisis is not strictly adhered to and is not considered as a primary source of law. Rather, it is considered as being highly persuasive when coming from the superior courts. In Francophone Cameroon, procedure is inquisitorial<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155</ref>.

In practice, Cameroon is known to be one of the most corrupted countries in the world. Bribing is a way of life and what is commonly known as a whisky often supersedes formal laws. According to Transparency International, police and the judicial system are among the most corrupt sectors in Cameroon<ref>Wikipedia, Corruption au Cameroun, online: http://fr.wikipedia.org/wiki/Corruption_au_Cameroun and Transparency Watch, http://www.transparency.org/publications/newsletter/2007/november_2007/anti_corruption_work/gcr_french </ref>. Moreover, there is no efficient system of law reporting in the country, despite commendable efforts in that direction. Hence, the law is not readily accessible to citizens and is not applied uniformly.

The highest judicial authority in Cameroon is the Ministry of Justice, which located under the executive branch. The Supreme Court is located within the Ministry of Justice and may only review cases at the president's request.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref> The Supreme Court is comprised of six judges, all of whom are appointed by the president. It has jurisdiction over the whole country. There is also a High Court of Justice, composed of nine judges and six substitute judges who are elected by the National Assembly.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/cm.html</ref> High Courts operate at divisional level, but they also often cover several divisions. The Cameroonian system has trial courts/courts of first instances in every one of its 58 country divisions, with a court of appeal in each of the country's 10 official regions. There are Magistrates' Courts, which operate at sub-divisional level, although they usually cover subdivisions. Finally, there are also Traditional Law Courts, which operate at village or tribal level<ref>GlobaLex, Researching Cameroon Law, Charles Manga Fambad, online: http://www.nyulawglobal.org/Globalex/Cameroon.htm </ref>.

----
See [[Criminal Justice Systems Around the World]]

==Sources of defendants’ rights==

The sources of defendant’s rights are mainly found in the Constitution, the legislation and judicial precedents and customary law<ref>GlobalLex, Researching Cameroonian Law, Charles Manga Fombad, online: http://www.nyulawglobal.org/Globalex/Cameroon.htm </ref>. Judicial precedent will be applied differently depending on whether the litigants are in Anglophone or Francophone Cameroon. The Constitution is the most important source of law in Cameroon and offers protections from illegal search and seizure, illegal arrest, detention and prosecution, prevents from retrospective effects of the law, ensures a fair hearing, guarantee the presumption of innocence, the rights to life and physical and moral integrity, protects from cruel, humane treatments and torture<ref>Constitution of the Republic of Cameroon,Law No. 96-06 of 18 January 1996 to amend the Constitution of 2 June 1972,online: http://confinder.richmond.edu/admin/docs/Cameroon.pdf</ref>.

==Pre-Trial Phase==

Cameroon law makes the distinction between flagrant delictos (flagrant crimes) and non flagrant crimes. A flagrant crime includes one which has just been committed, or one for which the public chases the suspect after the commission thereof<ref>Nouveau Code de Procédure Pénale, Presses Universitaires d’Afrique, Yaoundé, (2005), entered into force on 1st January, 2007 by loi n°2005-007 du 27 juillet 2005 portant code de procédure pénale (NCPP)Section 103</ref>. In the case of flagrant crimes, the police officer may prohibit any witness to move away from the crime scene for a period not exceeding 12 hours<ref>Section 104 (2)a) NCPP.</ref>. The Republic Prosecutor is competent to deal with flagrant crimes. Once the Prosecutor arrives, the police agent is no longer seized of the matter<ref>Section 111 NCPP</ref>.
The Prosecutor identifies the suspect, summarily examines him/her, and if charges are laid by magistrate, the Prosecutor decides whether the accused is detained or freed on bail<ref>Section 114 (1) NCPP</ref>.

After arrest, section 52 of the Code of Penal Procedure provides that an accused shall appear before the Court within:

5 days if the accused resides in the city where the hearing is;

10 days if he resides in the department where the hearing is;

30 days if he resides in another department or;

90 days if he resides abroad.

A person arrested has the right to counsel, to speak with his family, to find the means to ensure a defense, to consult a doctor and to get medical treatments if necessary and to take measures to be released on bail<ref>Section 37, NCPP</ref>. Upon arrest, the accused has the right to be informed of the reasons of the arrest and to be accompanied by a third party in order for the third party to know where the accused is taken. The accused may be detained for a period not exceeding 24 hours.

The sanction for the non-respect of a penal procedure rule is stay of procedures<ref>Sections 3 and 4 NCPP</ref>. When the violation either undermines the rights of the accused or is against public order, the sanction is absolute stay of procedures<ref>Section 3 NCPP</ref>. Such violation may be alleged any time during the trial. When the violation of the code is from a different nature, the sanction is relative stay of procedures and must be alleged in limine litis, failing which, the sanction is no longer available<ref>Section 4 NCPP</ref>.

The New Code has improved and defined the rights of the suspect with regard to police custody (garde à vue). Before, police used this method for hidden purposes, chiefly, to examine suspects by virtually all means in order to obtain confessions, often under coercion. Now, police custody is limited to 48 hours and can be renewed twice by authorization of the Prosecutor<ref>Section 119 NCPP</ref>. During this time, the suspect is entitled to communicate with his lawyer<ref>Section 122 NCPP</ref>. Section 118 of the Code provides that no one having a known residence may be kept under police custody unless there are grave and concordant elements against that person pointing toward the commission of a crime or flagrant offence.

Remedies for victims of unlawful or abusive detention is indemnification: section 236 of the NCPP provides that in such cases, when the charges are dismissed or the accused is found not guilty, the victim may be indemnified if he proves that the detention caused him “actual prejudice of a particular gravity”. The letter of the law does not provide more details as to what “particular gravity” means.

==Court Procedures==

The nature of the trial is accusatorial<ref> Fonachu, née Fang Helen Ike, The Criminal Justice System in Cameroon: Problems faced with Regard to Corruption and Suggested Solutions, http://www.unafei.or.jp/english/pdf/RS_No76/No76_16PA_Ike.pdf </ref>.

Preliminary investigation is mandatory in all felonies. The judicial police officer has the obligation to inform the suspect at the beginning of the preliminary investigation of his right to remain silent and his right to be assisted by counsel, failing which, the procedures are stayed<ref>Section 116, NCPP</ref>.
Where the suspect has no known residence or no money for bail bond, he is arrested and taken before the Prosecutor at the end of the preliminary examination<ref>
Section 117 NCPP</ref>. Otherwise, he is freed at the end of the preliminary examination.

At first hearing, the suspect is informed of the facts for which he is suspected of having committed, as well as the applicable sections of the criminal legislation. Such information provided to the suspect is known as a holding charge and only an examining magistrate can lay charges<ref>
Section 167 NCPP</ref>. The judge shall inform the accused that he is free not to make any spontaneous declaration and may be assisted by counsel<ref>
Section 170 (2) NCPP</ref>. Any confession obtained in violation of these rules is invalid, except if the indicted is accused of flagrant crime or where there is an element of urgency, including cases where the evidence could disappear or in the event of the eminent death of a witness<ref>Section 174 (3) NCPP</ref>.

Pre-trial detention is exceptional and can only be ordered in cases of delicto or crime. Where the indicted has a known domicile, pre-trial detention can only be ordered in cases of crime which carry a jail sentence<ref>Section 218 NCPP</ref>. Pre-trial detention cannot exceed 6 months and can be renewed for (a) 6 months in cases involving a delicto, and (b) 12 months in cases involving a crime. After the expiration of the delay of validity for pre-trial detention, he judge ought to free the accused, failing which, the judge is exposed to disciplinary sanctions.

The New Code has introduced elements of common law at trial. Each witness is subject to an examination-in-chief. If the opposite party so desires, he/she may cross-examine the witness and finally, the party who called the witness is free to re-examine the witness<ref>Section 332 NCPP</ref>. Cross-examination is not limited to fact raised in examination-in-chief, but no new fact shall be raised in re-examination<ref>Section 332 (2)(3)(4)(5) NCPP</ref>.

When necessary to determine a technical question, a party or the magistrate may call an expert witness<ref>Sections 203 ss NCPP</ref>.

Any party has the right to appeal the judgment within 10 days of the day after the judgment was delivered. A judgment made by the court of appeal may be subject to cassation before the Supreme Court<ref>Section 472 NCPP</ref>.

==Post-Conviction Facts / Issues==

The estimated prison population is 23 000 as of 2009, including pre-trial detainees and remand prisoners. There are 72 establishments in Cameroon and the official capacity is 16,142 detainees, thus raising the occupancy level at 137.4%<ref>King's College London, World Prison Brief, online:
http://www.kcl.ac.uk/depsta/law/research/icps/worldbrief/wpb_country.php?country=7</ref>.

==Notes==
<references/>

Cameroon

2011-06-02T11:02:39Z

Krishnagagne: /* Court Procedures */

==Background==

Cameroon, officially known as the Republic of Cameroon, is a country in Central Africa that is comprised of 10 provinces and 1 capital, Yaounde. It was discovered by Portuguese in the 15000 and its name derives from "Camaroes", which means shrimps in Portuguese. Prior to World War I, Cameroon was a German colony. However, after Germany's defeat in the Great War, the colony was partitioned between France and Great Britain, with France obtaining control of a larger geographic share. In 1955, the Union of the Peoples of Cameroon began an armed struggle for independence in French Cameroon. The French part of Cameroon became independent on January 1, 1960, forming the Republic of Cameroon. The following year, in British Cameroon, the northern two-thirds of the territory, which was mostly occupied by Muslims, voted to join Nigeria while the southern one-third of the territory, which was Christian, voted to join the Republic of Cameroon. The British section of Cameroon officially gained independence on October 1, 1961. The first president of Cameroon was Ahmadou Ahidjo, who served from 1961 to 1982. Under Ahidjo's rule, Cameroon outlawed all political parties except for Ahidjo's and implemented a new constitution in 1972. The 1972 constitution, which provides for a strong central government dominated by the executive branch, turned Cameroon from a federation of two regions into a unitary state. When Ahidjo stepped down in 1982, he was constitutionally succeeded by Paul Biya, who is presently still retains the presidency.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

Cameroon Cameroon is made up of an extraordinary diversity of about 250 tribes speaking at least 280 different indigenous languages. It has a population of about 19.5 million people, among which 20% is Anglophone and 80% Francophone. The official languages of Cameroon are English and French, although the French language is dominant. In anglophone provinces, Pidgin English is widely spoken. Religions in the country range from Christian (40%) or Muslim (20%) to indigenous African (40%).<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

==Type of System==

Cameroon legal system is a relic of the colonial era. However, despite the fact that Cameroon was unified from a political and administrative perspective since 1972, there are dual and contradictory procedural sources in Cameroon: the Criminal Procedure Ordinance, extracted from the Laws of Nigeria of 1958 and the Code of criminal instruction (Code d’instruction criminelle) which comes from the Ordinance of 14th February 1938. Hence, Cameroon applies a dual system, if not conflicting, influenced by both civil law and common law. It may be noted that traditional courts in the villages (i.e., non statutory courts) exercise jurisdiction over whatever matter, issue, cause or dispute arising in the village whether civil of criminal<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155 </ref>.
Customary law governs matters such as customary marriages, divorce, custody, inheritance, adoption and affiliation and also lands held by customary communities. Customary law includes Islamic Law and those native laws and customs “which are not repugnant … and not incompatible to natural justice, equity and good conscience, nor incompatible either directly or by natural implication with the written law for the time being in force"<ref>
The Customary courts ordinance cap 142 of 1948</ref>.

English Cameroon adheres to the stare decisis rule. In Francophone Cameroon, however, the stare decisis is not strictly adhered to and is not considered as a primary source of law. Rather, it is considered as being highly persuasive when coming from the superior courts. In Francophone Cameroon, procedure is inquisitorial<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155</ref>.

In practice, Cameroon is known to be one of the most corrupted countries in the world. Bribing is a way of life and what is commonly known as a whisky often supersedes formal laws. According to Transparency International, police and the judicial system are among the most corrupt sectors in Cameroon<ref>Wikipedia, Corruption au Cameroun, online: http://fr.wikipedia.org/wiki/Corruption_au_Cameroun and Transparency Watch, http://www.transparency.org/publications/newsletter/2007/november_2007/anti_corruption_work/gcr_french </ref>. Moreover, there is no efficient system of law reporting in the country, despite commendable efforts in that direction. Hence, the law is not readily accessible to citizens and is not applied uniformly.

The highest judicial authority in Cameroon is the Ministry of Justice, which located under the executive branch. The Supreme Court is located within the Ministry of Justice and may only review cases at the president's request.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref> The Supreme Court is comprised of six judges, all of whom are appointed by the president. It has jurisdiction over the whole country. There is also a High Court of Justice, composed of nine judges and six substitute judges who are elected by the National Assembly.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/cm.html</ref> High Courts operate at divisional level, but they also often cover several divisions. The Cameroonian system has trial courts/courts of first instances in every one of its 58 country divisions, with a court of appeal in each of the country's 10 official regions. There are Magistrates' Courts, which operate at sub-divisional level, although they usually cover subdivisions. Finally, there are also Traditional Law Courts, which operate at village or tribal level<ref>GlobaLex, Researching Cameroon Law, Charles Manga Fambad, online: http://www.nyulawglobal.org/Globalex/Cameroon.htm </ref>.

----
See [[Criminal Justice Systems Around the World]]

==Sources of defendants’ rights==

The sources of defendant’s rights are mainly found in the Constitution, the legislation and judicial precedents and customary law<ref>GlobalLex, Researching Cameroonian Law, Charles Manga Fombad, online: http://www.nyulawglobal.org/Globalex/Cameroon.htm </ref>. Judicial precedent will be applied differently depending on whether the litigants are in Anglophone or Francophone Cameroon. The Constitution is the most important source of law in Cameroon and offers protections from illegal search and seizure, illegal arrest, detention and prosecution, prevents from retrospective effects of the law, ensures a fair hearing, guarantee the presumption of innocence, the rights to life and physical and moral integrity, protects from cruel, humane treatments and torture<ref>Constitution of the Republic of Cameroon,Law No. 96-06 of 18 January 1996 to amend the Constitution of 2 June 1972,online: http://confinder.richmond.edu/admin/docs/Cameroon.pdf</ref>.

==Pre-Trial Phase==

Cameroon law makes the distinction between flagrant delictos (flagrant crimes) and non flagrant crimes. A flagrant crime includes one which has just been committed, or one for which the public chases the suspect after the commission thereof<ref>Nouveau Code de Procédure Pénale, Presses Universitaires d’Afrique, Yaoundé, (2005), entered into force on 1st January, 2007 by loi n°2005-007 du 27 juillet 2005 portant code de procédure pénale (NCPP)Section 103</ref>. In the case of flagrant crimes, the police officer may prohibit any witness to move away from the crime scene for a period not exceeding 12 hours<ref>Section 104 (2)a) NCPP.</ref>. The Republic Prosecutor is competent to deal with flagrant crimes. Once the Prosecutor arrives, the police agent is no longer seized of the matter<ref>Section 111 NCPP</ref>.
The Prosecutor identifies the suspect, summarily examines him/her, and if charges are laid by magistrate, the Prosecutor decides whether the accused is detained or freed on bail<ref>Section 114 (1) NCPP</ref>.

After arrest, section 52 of the Code of Penal Procedure provides that an accused shall appear before the Court within:

5 days if the accused resides in the city where the hearing is;

10 days if he resides in the department where the hearing is;

30 days if he resides in another department or;

90 days if he resides abroad.

A person arrested has the right to counsel, to speak with his family, to find the means to ensure a defense, to consult a doctor and to get medical treatments if necessary and to take measures to be released on bail<ref>Section 37, NCPP</ref>. Upon arrest, the accused has the right to be informed of the reasons of the arrest and to be accompanied by a third party in order for the third party to know where the accused is taken. The accused may be detained for a period not exceeding 24 hours.

The sanction for the non-respect of a penal procedure rule is stay of procedures<ref>Sections 3 and 4 NCPP</ref>. When the violation either undermines the rights of the accused or is against public order, the sanction is absolute stay of procedures<ref>Section 3 NCPP</ref>. Such violation may be alleged any time during the trial. When the violation of the code is from a different nature, the sanction is relative stay of procedures and must be alleged in limine litis, failing which, the sanction is no longer available<ref>Section 4 NCPP</ref>.

The New Code has improved and defined the rights of the suspect with regard to police custody (garde à vue). Before, police used this method for hidden purposes, chiefly, to examine suspects by virtually all means in order to obtain confessions, often under coercion. Now, police custody is limited to 48 hours and can be renewed twice by authorization of the Prosecutor<ref>Section 119 NCPP</ref>. During this time, the suspect is entitled to communicate with his lawyer<ref>Section 122 NCPP</ref>. Section 118 of the Code provides that no one having a known residence may be kept under police custody unless there are grave and concordant elements against that person pointing toward the commission of a crime or flagrant offence.

Remedies for victims of unlawful or abusive detention is indemnification: section 236 of the NCPP provides that in such cases, when the charges are dismissed or the accused is found not guilty, the victim may be indemnified if he proves that the detention caused him “actual prejudice of a particular gravity”. The letter of the law does not provide more details as to what “particular gravity” means.

==Court Procedures==

The nature of the trial is accusatorial<ref> Fonachu, née Fang Helen Ike, The Criminal Justice System in Cameroon: Problems faced with Regard to Corruption and Suggested Solutions, http://www.unafei.or.jp/english/pdf/RS_No76/No76_16PA_Ike.pdf </ref>.

Preliminary investigation is mandatory in all felonies. The judicial police officer has the obligation to inform the suspect at the beginning of the preliminary investigation of his right to remain silent and his right to be assisted by counsel, failing which, the procedures are stayed<ref>Section 116, NCPP</ref>.
Where the suspect has no known residence or no money for bail bond, he is arrested and taken before the Prosecutor at the end of the preliminary examination<ref>
Section 117 NCPP</ref>. Otherwise, he is freed at the end of the preliminary examination.

At first hearing, the suspect is informed of the facts for which he is suspected of having committed, as well as the applicable sections of the criminal legislation. Such information provided to the suspect is known as a holding charge and only an examining magistrate can lay charges<ref>
Section 167 NCPP</ref>. The judge shall inform the accused that he is free not to make any spontaneous declaration and may be assisted by counsel<ref>
Section 170 (2) NCPP</ref>. Any confession obtained in violation of these rules is invalid, except if the indicted is accused of flagrant crime or where there is an element of urgency, including cases where the evidence could disappear or in the event of the eminent death of a witness<ref>Section 174 (3) NCPP</ref>.

Pre-trial detention is exceptional and can only be ordered in cases of delicto or crime. Where the indicted has a known domicile, pre-trial detention can only be ordered in cases of crime which carry a jail sentence<ref>Section 218 NCPP</ref>. Pre-trial detention cannot exceed 6 months and can be renewed for (a) 6 months in cases involving a delicto, and (b) 12 months in cases involving a crime. After the expiration of the delay of validity for pre-trial detention, he judge ought to free the accused, failing which, the judge is exposed to disciplinary sanctions.

The New Code has introduced elements of common law at trial. Each witness is subject to an examination-in-chief. If the opposite party so desires, he/she may cross-examine the witness and finally, the party who called the witness is free to re-examine the witness<ref>Section 332 NCPP</ref>. Cross-examination is not limited to fact raised in examination-in-chief, but no new fact shall be raised in re-examination<ref>Section 332 (2)(3)(4)(5) NCPP</ref>.

When necessary to determine a technical question, a party or the magistrate may call an expert witness<ref>Sections 203 ss NCPP</ref>.

Any party has the right to appeal the judgment within 10 days of the day after the judgment was delivered. A judgment made by the court of appeal may be subject to cassation before the Supreme Court<ref>Section 472 NCPP</ref>.

==Post-Conviction Facts / Issues==

==Notes==
<references/>

Cameroon

2011-06-02T10:52:52Z

Krishnagagne: /* Pre-Trial Phase */

==Background==

Cameroon, officially known as the Republic of Cameroon, is a country in Central Africa that is comprised of 10 provinces and 1 capital, Yaounde. It was discovered by Portuguese in the 15000 and its name derives from "Camaroes", which means shrimps in Portuguese. Prior to World War I, Cameroon was a German colony. However, after Germany's defeat in the Great War, the colony was partitioned between France and Great Britain, with France obtaining control of a larger geographic share. In 1955, the Union of the Peoples of Cameroon began an armed struggle for independence in French Cameroon. The French part of Cameroon became independent on January 1, 1960, forming the Republic of Cameroon. The following year, in British Cameroon, the northern two-thirds of the territory, which was mostly occupied by Muslims, voted to join Nigeria while the southern one-third of the territory, which was Christian, voted to join the Republic of Cameroon. The British section of Cameroon officially gained independence on October 1, 1961. The first president of Cameroon was Ahmadou Ahidjo, who served from 1961 to 1982. Under Ahidjo's rule, Cameroon outlawed all political parties except for Ahidjo's and implemented a new constitution in 1972. The 1972 constitution, which provides for a strong central government dominated by the executive branch, turned Cameroon from a federation of two regions into a unitary state. When Ahidjo stepped down in 1982, he was constitutionally succeeded by Paul Biya, who is presently still retains the presidency.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

Cameroon Cameroon is made up of an extraordinary diversity of about 250 tribes speaking at least 280 different indigenous languages. It has a population of about 19.5 million people, among which 20% is Anglophone and 80% Francophone. The official languages of Cameroon are English and French, although the French language is dominant. In anglophone provinces, Pidgin English is widely spoken. Religions in the country range from Christian (40%) or Muslim (20%) to indigenous African (40%).<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

==Type of System==

Cameroon legal system is a relic of the colonial era. However, despite the fact that Cameroon was unified from a political and administrative perspective since 1972, there are dual and contradictory procedural sources in Cameroon: the Criminal Procedure Ordinance, extracted from the Laws of Nigeria of 1958 and the Code of criminal instruction (Code d’instruction criminelle) which comes from the Ordinance of 14th February 1938. Hence, Cameroon applies a dual system, if not conflicting, influenced by both civil law and common law. It may be noted that traditional courts in the villages (i.e., non statutory courts) exercise jurisdiction over whatever matter, issue, cause or dispute arising in the village whether civil of criminal<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155 </ref>.
Customary law governs matters such as customary marriages, divorce, custody, inheritance, adoption and affiliation and also lands held by customary communities. Customary law includes Islamic Law and those native laws and customs “which are not repugnant … and not incompatible to natural justice, equity and good conscience, nor incompatible either directly or by natural implication with the written law for the time being in force"<ref>
The Customary courts ordinance cap 142 of 1948</ref>.

English Cameroon adheres to the stare decisis rule. In Francophone Cameroon, however, the stare decisis is not strictly adhered to and is not considered as a primary source of law. Rather, it is considered as being highly persuasive when coming from the superior courts. In Francophone Cameroon, procedure is inquisitorial<ref>Henry Samuelson & Co., "Cameroon Legal System", 12th September, 2009, online: http://www.hg.org/article.asp?id=7155</ref>.

In practice, Cameroon is known to be one of the most corrupted countries in the world. Bribing is a way of life and what is commonly known as a whisky often supersedes formal laws. According to Transparency International, police and the judicial system are among the most corrupt sectors in Cameroon<ref>Wikipedia, Corruption au Cameroun, online: http://fr.wikipedia.org/wiki/Corruption_au_Cameroun and Transparency Watch, http://www.transparency.org/publications/newsletter/2007/november_2007/anti_corruption_work/gcr_french </ref>. Moreover, there is no efficient system of law reporting in the country, despite commendable efforts in that direction. Hence, the law is not readily accessible to citizens and is not applied uniformly.

The highest judicial authority in Cameroon is the Ministry of Justice, which located under the executive branch. The Supreme Court is located within the Ministry of Justice and may only review cases at the president's request.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref> The Supreme Court is comprised of six judges, all of whom are appointed by the president. It has jurisdiction over the whole country. There is also a High Court of Justice, composed of nine judges and six substitute judges who are elected by the National Assembly.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/cm.html</ref> High Courts operate at divisional level, but they also often cover several divisions. The Cameroonian system has trial courts/courts of first instances in every one of its 58 country divisions, with a court of appeal in each of the country's 10 official regions. There are Magistrates' Courts, which operate at sub-divisional level, although they usually cover subdivisions. Finally, there are also Traditional Law Courts, which operate at village or tribal level<ref>GlobaLex, Researching Cameroon Law, Charles Manga Fambad, online: http://www.nyulawglobal.org/Globalex/Cameroon.htm </ref>.

----
See [[Criminal Justice Systems Around the World]]

==Sources of defendants’ rights==

The sources of defendant’s rights are mainly found in the Constitution, the legislation and judicial precedents and customary law<ref>GlobalLex, Researching Cameroonian Law, Charles Manga Fombad, online: http://www.nyulawglobal.org/Globalex/Cameroon.htm </ref>. Judicial precedent will be applied differently depending on whether the litigants are in Anglophone or Francophone Cameroon. The Constitution is the most important source of law in Cameroon and offers protections from illegal search and seizure, illegal arrest, detention and prosecution, prevents from retrospective effects of the law, ensures a fair hearing, guarantee the presumption of innocence, the rights to life and physical and moral integrity, protects from cruel, humane treatments and torture<ref>Constitution of the Republic of Cameroon,Law No. 96-06 of 18 January 1996 to amend the Constitution of 2 June 1972,online: http://confinder.richmond.edu/admin/docs/Cameroon.pdf</ref>.

==Pre-Trial Phase==

Cameroon law makes the distinction between flagrant delictos (flagrant crimes) and non flagrant crimes. A flagrant crime includes one which has just been committed, or one for which the public chases the suspect after the commission thereof<ref>Nouveau Code de Procédure Pénale, Presses Universitaires d’Afrique, Yaoundé, (2005), entered into force on 1st January, 2007 by loi n°2005-007 du 27 juillet 2005 portant code de procédure pénale (NCPP)Section 103</ref>. In the case of flagrant crimes, the police officer may prohibit any witness to move away from the crime scene for a period not exceeding 12 hours<ref>Section 104 (2)a) NCPP.</ref>. The Republic Prosecutor is competent to deal with flagrant crimes. Once the Prosecutor arrives, the police agent is no longer seized of the matter<ref>Section 111 NCPP</ref>.
The Prosecutor identifies the suspect, summarily examines him/her, and if charges are laid by magistrate, the Prosecutor decides whether the accused is detained or freed on bail<ref>Section 114 (1) NCPP</ref>.

After arrest, section 52 of the Code of Penal Procedure provides that an accused shall appear before the Court within:

5 days if the accused resides in the city where the hearing is;

10 days if he resides in the department where the hearing is;

30 days if he resides in another department or;

90 days if he resides abroad.

A person arrested has the right to counsel, to speak with his family, to find the means to ensure a defense, to consult a doctor and to get medical treatments if necessary and to take measures to be released on bail<ref>Section 37, NCPP</ref>. Upon arrest, the accused has the right to be informed of the reasons of the arrest and to be accompanied by a third party in order for the third party to know where the accused is taken. The accused may be detained for a period not exceeding 24 hours.

The sanction for the non-respect of a penal procedure rule is stay of procedures<ref>Sections 3 and 4 NCPP</ref>. When the violation either undermines the rights of the accused or is against public order, the sanction is absolute stay of procedures<ref>Section 3 NCPP</ref>. Such violation may be alleged any time during the trial. When the violation of the code is from a different nature, the sanction is relative stay of procedures and must be alleged in limine litis, failing which, the sanction is no longer available<ref>Section 4 NCPP</ref>.

The New Code has improved and defined the rights of the suspect with regard to police custody (garde à vue). Before, police used this method for hidden purposes, chiefly, to examine suspects by virtually all means in order to obtain confessions, often under coercion. Now, police custody is limited to 48 hours and can be renewed twice by authorization of the Prosecutor<ref>Section 119 NCPP</ref>. During this time, the suspect is entitled to communicate with his lawyer<ref>Section 122 NCPP</ref>. Section 118 of the Code provides that no one having a known residence may be kept under police custody unless there are grave and concordant elements against that person pointing toward the commission of a crime or flagrant offence.

Remedies for victims of unlawful or abusive detention is indemnification: section 236 of the NCPP provides that in such cases, when the charges are dismissed or the accused is found not guilty, the victim may be indemnified if he proves that the detention caused him “actual prejudice of a particular gravity”. The letter of the law does not provide more details as to what “particular gravity” means.

==Court Procedures==
==Post-Conviction Facts / Issues==

==Notes==
<references/>

Cameroon

2011-06-01T15:38:28Z

Krishnagagne: /* Pre-Trial Phase */

Cameroon

2011-06-01T08:44:46Z

Krishnagagne: /* Pre-Trial Phase */

Cameroon

2011-06-01T08:43:37Z

Krishnagagne: /* Pre-Trial Phase */

Cameroon

2011-06-01T08:38:56Z

Krishnagagne: /* Pre-Trial Phase */

Cameroon

2011-06-01T08:30:44Z

Krishnagagne: /* Type of System */

Cameroon

2011-06-01T08:27:19Z

Krishnagagne: /* Pre-Trial Phase */

Cameroon

2011-06-01T08:25:44Z

Krishnagagne: /* Sources of defendants’ rights */

Cameroon

2011-05-31T17:07:13Z

Krishnagagne: /* Sources of defendants’ rights */

Cameroon

2011-05-31T14:06:03Z

Krishnagagne: /* Notes */

Cameroon

2011-05-31T13:59:25Z

Krishnagagne: /* Type of System */

Cameroon

2011-05-31T13:58:09Z

Krishnagagne: /* Type of System */

Cameroon

2011-05-31T13:52:13Z

Krishnagagne: /* Type of System */

Cameroon

2011-05-19T15:46:00Z

Krishnagagne: /* Type of System */

Cameroon

2011-05-18T16:49:20Z

Krishnagagne: /* Background */

Cameroon

2011-05-18T09:04:04Z

Krishnagagne: /* Background */

==Background==

Cameroon, officially known as the Republic of Cameroon, is a country in Central Africa that is comprised of 10 provinces and 1 capital, Yaounde. Prior to World War I, Cameroon was a German colony. However, after Germany's defeat in the Great War, the colony was partitioned between France and Great Britain, with France obtaining control of a larger geographic share. In 1955, the Union of the Peoples of Cameroon began an armed struggle for independence in French Cameroon. The French part of Cameroon became independent on January 1, 1960, forming the Republic of Cameroon. The following year, in British Cameroon, the northern two-thirds of the territory, which was mostly occupied by Muslims, voted to join Nigeria while the southern one-third of the territory, which was Christian, voted to join the Republic of Cameroon. The British section of Cameroon officially gained independence on October 1, 1961. The first president of Cameroon was Ahmadou Ahidjo, who served from 1961 to 1982. Under Ahidjo's rule, Cameroon outlawed all political parties except for Ahidjo's and implemented a new constitution in 1972. The 1972 constitution, which provides for a strong central government dominated by the executive branch, turned Cameroon from a federation of two regions into a unitary state. When Ahidjo stepped down in 1982, he was constitutionally succeeded by Paul Biya, who is presently still retains the presidency.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

Cameroon has a population of about 19.5 million people. The official languages of Cameroon are English and French. Religions in the country range from Christian (40%) or Muslim (20%) to indigenous African (40%).<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

==Type of System==

The highest judicial authority in Cameroon is the Ministry of Justice, which located under the executive branch. The Supreme Court is located within the Ministry of Justice and may only review cases at the president's request.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref> The Supreme Court is comprised of six judges, all of whom are appointed by the president. There is also a High Court of Justice, composed of nine judges and six substitute judges who are elected by the National Assembly.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/cm.html</ref> The Cameroonian system has trial courts/courts of first instances in every one of its 58 country divisions, with a court of appeal in each of the country's 10 official regions.

----
See [[Criminal Justice Systems Around the World]]

==Notes==
<references>

Cameroon

2011-05-18T09:02:54Z

Krishnagagne: /* Background */

==Background==

Cameroon, officially known as the Republic of Cameroon, is a country in Central Africa that is comprised of 10 regions and 1 capital, Yaounde. Prior to World War I, Cameroon was a German colony. However, after Germany's defeat in the Great War, the colony was partitioned between France and Great Britain, with France obtaining control of a larger geographic share. In 1955, the Union of the Peoples of Cameroon began an armed struggle for independence in French Cameroon. The French part of Cameroon became independent on January 1, 1960, forming the Republic of Cameroon. The following year, in British Cameroon, the northern two-thirds of the territory, which was mostly occupied by Muslims, voted to join Nigeria while the southern one-third of the territory, which was Christian, voted to join the Republic of Cameroon. The British section of Cameroon officially gained independence on October 1, 1961. The first president of Cameroon was Ahmadou Ahidjo, who served from 1961 to 1982. Under Ahidjo's rule, Cameroon outlawed all political parties except for Ahidjo's and implemented a new constitution in 1972. The 1972 constitution, which provides for a strong central government dominated by the executive branch, turned Cameroon from a federation of two regions into a unitary state. When Ahidjo stepped down in 1982, he was constitutionally succeeded by Paul Biya, who is presently still retains the presidency.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

Cameroon has a population of about 19.5 million people. The official languages of Cameroon are English and French. Religions in the country range from Christian (40%) or Muslim (20%) to indigenous African (40%).<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref>

==Type of System==

The highest judicial authority in Cameroon is the Ministry of Justice, which located under the executive branch. The Supreme Court is located within the Ministry of Justice and may only review cases at the president's request.<ref>http://www.state.gov/r/pa/ei/bgn/26431.htm</ref> The Supreme Court is comprised of six judges, all of whom are appointed by the president. There is also a High Court of Justice, composed of nine judges and six substitute judges who are elected by the National Assembly.<ref>https://www.cia.gov/library/publications/the-world-factbook/geos/cm.html</ref> The Cameroonian system has trial courts/courts of first instances in every one of its 58 country divisions, with a court of appeal in each of the country's 10 official regions.

----
See [[Criminal Justice Systems Around the World]]

==Notes==
<references>