Senegal - Revision history

IBJadmin: /* Contributors */

2017-04-24T14:24:30Z

Contributors

← Older revision		Revision as of 16:24, 24 April 2017
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	==Contributors==		==Contributors==

	~~Content created with the financial support of the Government of~~ Canada ~~provided through Global Affairs Canada (GAC)~~.		[[File:Canada logo EN copy.jpeg\|1000px\|left]]

IBJadmin: /* Pre-Trial Phase */

2017-04-12T13:34:59Z

Pre-Trial Phase

← Older revision		Revision as of 15:34, 12 April 2017
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	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>.		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>.		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>.

IBJadmin: /* Contributors */

2016-11-09T11:44:09Z

Contributors

← Older revision		Revision as of 13:44, 9 November 2016
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	==Contributors==		==Contributors==

	Content created with the financial support of the Government of Canada provided through Global Affairs Canada (GAC)		Content created with the financial support of the Government of Canada provided through Global Affairs Canada (GAC).

IBJadmin at 14:41, 8 November 2016

2016-11-08T14:41:58Z

← Older revision		Revision as of 16:41, 8 November 2016
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	==~~Contributeurs~~==		==Contributors==

	~~Contenu créé avec l'appui financier du gouvernement du~~ Canada ~~accordé par l'entremise d'Affaires Mondiales~~ Canada (~~AMC~~)		Content created with the financial support of the Government of Canada provided through Global Affairs Canada (GAC)

IBJadmin at 14:37, 8 November 2016

2016-11-08T14:37:18Z

← Older revision		Revision as of 16:37, 8 November 2016
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	==References==		==References==
	{{reflist\|20em}}		{{reflist\|20em}}


			==Contributeurs==

			Contenu créé avec l'appui financier du gouvernement du Canada accordé par l'entremise d'Affaires Mondiales Canada (AMC)

IBJadmin at 12:15, 6 March 2013

2013-03-06T12:15:27Z

← Older revision		Revision as of 14:15, 6 March 2013
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			{{Languages\|Senegal}}

	==Background==		==Background==

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

2012-10-10T00:58:10Z

Sources of Defendant's Rights

← Older revision		Revision as of 02:58, 10 October 2012
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	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>.		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 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).		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).

Krishnagagne: /* Sentence */

2012-10-10T00:57:35Z

Sentence

← Older revision		Revision as of 02:57, 10 October 2012
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	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>.		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>.

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	==Appeal==		==Appeal==

Krishnagagne: /* Pre-Trial Phase */

2012-10-01T15:05:25Z

Pre-Trial Phase

← Older revision		Revision as of 17:05, 1 October 2012
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	'''Arrest, Search and Seizure'''		'''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>.		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~~, 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>.		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.		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.

Krishnagagne: /* Pre-Trial Phase */

2012-10-01T15:04:05Z

Pre-Trial Phase

← Older revision		Revision as of 17:04, 1 October 2012
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	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>.		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.		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.
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	==Pre-Trial Detention==		==Pre-Trial Detention==