Cour de Cassation: Macky Sall Crimes Contre l'Humanité France Case Advances

• A reporting advisor for the French Court of Cassation has recommended advancing a procedure for crimes against humanity targeting Macky Sall to the investigating chamber.
• This development follows alleged three-year obstruction within the French judicial system concerning 76 murders and over 200 acts of torture in Senegal between March 2021 and April 2024.
• Despite the Dakar Prosecutor classifying these events as "crimes against humanity," no serious domestic investigation has occurred in Senegal, potentially triggering the International Criminal Court's jurisdiction under the principle of complementarity.
• An involved lawyer faced imprisonment and destabilization attempts for assisting victims, highlighting the challenges in seeking justice for these alleged "violences politiques Sénégal 2021-2024."
• The decision by the French Court of Cassation could set a significant precedent for accountability of former heads of state and the application of international criminal law in cases of perceived domestic obstruction.

The decision by the French Court of Cassation could set a significant precedent for accountability of former heads of state and the application of international criminal law in cases of perceived domestic obstruction.

The French Court of Cassation has seen a crucial development in the "Macky Sall crimes contre l'humanité France" procedure, as a reporting advisor has formally recommended transmitting the case to the investigating chamber. This recommendation marks a potential turning point, coming after an alleged three-year period of deliberate obstruction within the French judicial system, reportedly influenced by the head of state. This new opening is expected to facilitate a deeper examination of the grave events that transpired in 2023.

These events are part of a broader pattern of "violences politiques Sénégal 2021-2024," which saw at least 76 murders and over 200 acts of torture documented by the Dakar Public Prosecutor's Office between March 2021 and April 2024. These severe incidents are alleged to have occurred under directives originating from the presidential palace. The current move by the "Cour de cassation française Macky Sall" procedure could therefore bring much-needed scrutiny to these accusations.

Despite Senegal possessing a highly skilled legal community, no thorough investigation into these serious allegations has been initiated domestically. This absence of a genuine will to prosecute within Senegal's own judicial system is a critical factor, as it directly implicates the "principe de complémentarité CPI." This principle dictates that the International Criminal Court (ICC) can exercise jurisdiction only when national judicial systems are unwilling or unable to genuinely investigate or prosecute international crimes.

The lack of domestic action thus paves the way for the "Macky Sall Cour pénale internationale" process, potentially allowing the ICC Prosecutor's Office to accept a communication regarding these events. It is noteworthy that the Dakar Prosecutor himself has characterized these acts as "crimes against humanity." While Macky Sall is presumed innocent, this official classification by a domestic prosecutor makes it highly improbable that his responsibility would not be engaged, given the severity of the charges and the documented scale of the violence. The "procédure crimes contre l'humanité Sénégal" has thus far stalled at home, making international intervention a more likely path.

The journey to seek justice for these alleged atrocities has been fraught with challenges, as highlighted by an unnamed lawyer involved in assisting the victims. This legal professional faced imprisonment and various attempts at destabilization from their own authorities, who allegedly worked to maintain the existing power structures and even compromised the current Senegalese head of state, Bassirou Diomaye Faye. The lawyer asserts that no support, whether financial or institutional, was ever provided to advance these legal procedures.

This situation underscores a broader message regarding the consequences of political violence, the manipulation of judicial processes, and the deployment of schemes designed to discredit and eliminate political opponents. The lawyer directly addresses Emmanuel Macron, suggesting that his support for those implicated in these events was a misguided attempt to secure his own impunity. The ongoing "Cour de cassation française Macky Sall" decision, therefore, carries significant weight, not only for the specific allegations against the former Senegalese president but also for setting a precedent on accountability for former heads of state and the application of international criminal law in cases of perceived domestic obstruction.

Lawyers specializing in international criminal law or human rights should closely monitor the French Court of Cassation's decision regarding the transmission of the crimes against humanity procedure against Macky Sall, as it could set a precedent for accountability of former heads of state and the application of the principle of complementarity with the International Criminal Court, particularly in cases where domestic judicial systems are perceived to be obstructed.

Source: Original reporting via an unnamed lawyer's statement.