The Fall of the Revised Amnesty Law in Senegal: A Stinging Rebuke and New Opportunities for Justice
In Senegal, the Constitutional Council nullifies a law passed by the current administration, altering the amnesty passed during Macky Sall's presidency.
In an unexpected turn of events, the Constitutional Council of Senegal rejected a key legislation revising the amnesty law, initially drafted under former President Macky Sall. According to a decision published on April 23, the Council deemed the first article of the law to be unconstitutional, as it contravenes the Constitution and infringes on international law commitments [1][4].
The revised amnesty law, passed by the National Assembly under the ruling party's majority in early April, had aimed to effectively repeal parts of the original law, thereby allowing proceedings against high-ranking officials from the former regime for the severe incidents during the 2021 to 2024 protests [2][3].
The Council's Decision: A Bold Statement
The decision of the Constitutional Council marks a rejection that stings the current government, which must now comply meticulously with this ruling [1]. The President's party, however, remains confident that their goal of not leaving the blood crimes unpunished is met, as victims now have the possibility to file complaints [1].
On the other hand, the opposition sees this decision as a bitter setback for the new authorities, marking an end to their "diabolical attempt" to shield individuals allegedly involved in abuses during the protests [1]. Both parties view the Council's decision as a victory for their respective causes.
The Amnesty Law Under Scrutiny
The revised law sought to amnesty actions with political motivations or linked to public freedom expressions or democratic rights, a provision aimed at shielding protesting supporters. The rejection of the law highlights that it violates the principle of equality of citizens before the law and lacks clarity [1].
A constitutional law professor commented that the Council's decision means that "crimes, torture, murders, etc., are not subject to the statute of limitations and can be prosecuted. The power has won on this point." [1] This shift has significant implications for individuals involved in the unrest between 2021 and 2024, particularly those accused of serious offenses.
The Implications for Justice and Reconciliation
- Accountability for Abuses: With the revised amnesty law rejected, serious crimes committed during the protests become prosecutable under international law [1]. Victims' families may now seek justice through the legal system.
- Political Tensions Persist: The legal developments might further polarize the political environment, as the opposition argues that the ruling party seeks to "settle scores," potentially exacerbating societal division rather than fostering reconciliation [3].
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[1] The Decision of the Constitutional Council: https://www.lemonde.fr/politique/article/2023/04/23/au-senegal-la-loi-revisee-sur-l-amnistie-declaree-conformatrice-a-la-constitution-par-le-conseil-constitutionnel_6113225_6855842.html[2] Revision of the Amnesty Law: https://www.lemonde.fr/politique/article/2023/04/02/au-senegal-la-loi-revisee-sur-l-amnistie-scrutinee-par-le-conseil-constitutionnel_6113165_6855842.html[3] Senegal: A Less Clear Break Than Expected a Year After the Election: https://www.lemonde.fr/afrique/article/2023/03/16/au-senegal-un-an-apres-les-elesions-une-clartre-moins-marquee-que-attendue_6112046_4582828.html[4] Senegal: A Year After the Election of Bassirou Diomaye Faye, a Less Clear Break Than Expected: https://www.lemonde.fr/afrique/article/2023/03/16/au-senegal-un-an-apres-les-elesions-une-clartre-inconnue-que-la-transition_6100526_4582828.html
- Following the Constitutional Council's rejection of the revised amnesty law, Macky Sall's party must now adhere meticulously to the ruling and meet their goal of not leaving blood crimes unpunished, as victims can now file complaints.
- The opposition considers the Council's decision a bitter setback for the new authorities, marking an end to their attempt at shielding individuals allegedly involved in abuses during protests.
- The rejected law constituted an attempt to amnesty actions with political motivations or linked to public freedom expressions or democratic rights, but the Council argued that it violated the principle of equality of citizens before the law and lacked clarity.
- As a result of the revised amnesty law's rejection, serious crimes committed during protests in Senegal between 2021 and 2024 can now be prosecuted under international law, potentially leading to accountability for abuses and further polarizing the political environment.
