Dakar Atelier: Preuve Terrorisme Judiciaire for West Africa

• A three-day regional workshop in Dakar, Senegal, brought together experts from fourteen countries to address the judicial use of evidence from counter-terrorism operations.
• The initiative, supported by Germany and the International Institute for Justice and the Rule of Law, aims to standardize the transformation of battlefield findings into admissible court evidence.
• Senegalese Justice Minister Moussa SARR highlighted the urgent need to overcome challenges like unharmonized collection procedures and poor coordination that hinder effective justice.
• The Minister stressed the importance of combating impunity, noting that a lack of usable evidence or arbitrary detention erodes public trust and benefits terrorist groups.
• Senegal has already adapted its Penal Code and Criminal Procedure Code since 2016 to effectively prosecute, investigate, and judge terrorism-related offenses.

Transforming evidence gathered in conflict zones into admissible judicial proof, without compromising the rights of the accused, stands as a critical challenge for regional stability.

A pivotal regional workshop recently convened in Dakar, Senegal, bringing together legal and security experts from fourteen West African nations. The three-day gathering, held at the Hôtel Noom Dakar Sea Plaza, focused on the intricate process of collecting and judicially utilizing evidence obtained from counter-terrorism operational theaters. Its primary objective is to establish mechanisms that allow material gathered in conflict zones to be transformed into admissible judicial proof, all while rigorously upholding the rights of the defense.

This significant initiative was spearheaded by the International Institute for Justice and the Rule of Law (IIJ), building upon discussions initiated in Rabat in October 2024. The Dakar Judicial Training Center (CFJ), which shares a memorandum of understanding with the IIJ, played an active role in preparing the workshop's agenda. Financial and logistical backing for the event was provided by the Federal Republic of Germany, represented by its First Secretary for Political and Cultural Affairs.

During the opening address, Maître Moussa SARR, Senegal's Minister of Justice and Keeper of the Seals, underscored the profound importance of the workshop, stating that the issue of evidence collection from operational theaters can no longer be ignored by regional states. He painted a stark picture of the escalating terrorist threat, noting the pervasive activities of groups affiliated with Al-Qaeda, the Islamic State, Boko Haram, and other emerging movements. These entities continue to target civilians, institutions, and defense and security forces across the region.

Minister SARR highlighted that the threat has expanded significantly, moving from the Sahel and Lake Chad basin towards coastal countries, asserting that no state, including Senegal, is immune. He paid tribute to the civilian and military victims and commended the security forces who bear a heavy burden in confronting this menace. These forces, often operating in remote areas, are typically responsible for apprehending suspects and seizing crucial items such as phones, computers, documents, weapons, and biometric data.

Maître SARR emphasized that while these items constitute 'battlefield evidence' crucial for military operations, they also hold immense potential for judicial proceedings, provided they successfully reach a judge. However, a significant challenge persists: such evidence frequently fails to arrive at the magistrate's desk, or it arrives in a condition that renders it unusable in court. This systemic issue stems from several factors, including a lack of harmonized collection procedures and insufficient coordination among military personnel, investigators, and magistrates.

Furthermore, existing legal frameworks often lack clear guidelines on how information gathered by the military can be formally integrated into criminal files. A more recent complication arises from the profound reorganization of the regional security apparatus, which has further disrupted established channels for evidence collection and sharing, exacerbating the existing difficulties in ensuring a seamless transition from the battlefield to the courtroom.

To address these multifaceted challenges, Minister SARR outlined three fundamental requirements for achieving credible justice. The foremost among these is the imperative to combat impunity. He explained that detaining a suspect indefinitely without trial can foster a perception of arbitrary justice, while acquitting an accused due to a lack of exploitable evidence can create a sense of impunity. Both scenarios, he argued, erode public trust and are exploited by terrorist organizations.

Conversely, a fair trial underpinned by robust evidence demonstrates to both victims and the public that the state responds to crime through the rule of law. Senegal has proactively embraced this principle, having adapted its Penal Code and Criminal Procedure Code since 2016 to specifically address the terrorist threat. This legislative reform designated specialized bodies for the prosecution, investigation, and judgment of these particular offenses, reflecting a commitment to strengthening its antiterrorist legal framework.

Lawyers practicing criminal law in West Africa, especially those involved in terrorism cases, should closely monitor the outcomes of this regional workshop. The discussions aim to standardize the collection and judicial use of evidence from counter-terrorism operations, which will likely lead to new guidelines or precedents impacting the admissibility and handling of such evidence in court, while also emphasizing the rights of the defense.

Source: Reporting based on workshop proceedings.