Difference between revisions of "Senegal"

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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</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>.
 
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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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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>.
 
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>.
  
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Revision as of 16:55, 19 September 2011

Background

The country of Senegal is comprised of 14 regions with the capital city called Dakar.[1] 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[2].

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.[3] Moreover, in terms of religious belief, Senegal is 95% Muslim, 4% Christian, ad 1% traditional religions.[4]

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.[5] 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.[6] The Cour de Comptes has jurisdiction over checking public accounts.[7]

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.[8]

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”[9].

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[10]. Any seizure is performed in the presence of the suspects and the owner of the place where the crime was committed[11].


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[12]. 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[13]. Any irregularity in the procedure may entail stay of procedures[14]. The initial interview with Counsel may not exceed 30 minutes [15]. 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[16]. 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 [17].

The same rights are granted at preliminary examination [18], as well as during search and seizures[19]. 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[20]. 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[21]. 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 [22].


  1. https://www.cia.gov/library/publications/the-world-factbook/geos/sg.html
  2. BBC Afrique, Ismaël Madior Fall, La Consitution sénégalaise (online) http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml
  3. http://www.state.gov/r/pa/ei/bgn/2862.htm
  4. http://www.state.gov/r/pa/ei/bgn/2862.htm
  5. http://www.ialsnet.org/meetings/enriching/camara.pdf
  6. http://www.ialsnet.org/meetings/enriching/camara.pdf
  7. http://www.nyulawglobal.org/Globalex/SENEGAL.htm
  8. http://www.justice.gouv.sn/droitp/CPP.PDF
  9. BBC Afrique, Ismaël Madior Fall, Consitution sénégalaise (online)http://www.bbc.co.uk/french/specials/1744_senegalscrutin/page2.shtml,
  10. Article 46, Code of Penal Procedure("CPP")
  11. Article 49 CPP
  12. Article 55 CPP
  13. Article 55 CPP
  14. 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
  15. Article 55 bis, CPP
  16. Article 59 CPP
  17. 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
  18. Articles 67-69
  19. Article 85 CPP
  20. Article 102, CPP
  21. Article 101, CPP
  22. Article 114 CPP