Procès Capitaine Moustapha Sané Fallou Sène: 1-Year Sentence Sought

• Captain Serigne Moustapha Sané faces a one-year firm prison request for the 2018 fatal shooting of student Fallou Sène at UGB.
• Sané admitted to firing the shot, claiming it was to free a superior during a gendarmerie intervention for a scholarship protest.
• Civil parties argue the intervention's requisition was illegal and demand 250 million CFA francs in civil reparations from the State of Senegal.
• The defense pleads for acquittal, citing "état de nécessité" and the violence faced by gendarmes, presenting medical certificates for injured officers.
• The tribunal militaire de Dakar will deliver its verdict on November 27, with the case setting a precedent for security force accountability and state responsibility.

The upcoming deliberation by the tribunal militaire de Dakar Sané on November 27 is poised to establish a significant precedent regarding the accountability of security forces in Senegal.

Eight years following the tragic death of student Fallou Sène during campus unrest at the Université Gaston Berger (UGB) in Saint-Louis, the long-awaited trial against Captain Serigne Moustapha Sané has finally concluded before the tribunal militaire de Dakar. The incident, which forms the core of the affaire Fallou Sène UGB, occurred on May 15, 2018, when a demonstration concerning scholarship payments escalated into violent clashes after a gendarmerie squadron intervened on university grounds. During the ensuing confrontation, Lieutenant Moustapha Sané, who has since been promoted to Captain, discharged his weapon.

Captain Sané, who was a sub-lieutenant at the time, openly admitted to firing the shot that fatally wounded Fallou Sène. He stated that his actions were part of an official mission to extract a superior officer who was reportedly being attacked by demonstrators. However, this justification was directly contradicted by testimonies from students heard during the proceedings. The prosecution, after reviewing the evidence, characterized the events as coups et blessures volontaires ayant entraîné la mort sans intention de la donner, requesting a firm prison sentence of one year for Captain Sané, citing the gravity of the facts.

The legal proceedings saw sharp disagreements over the circumstances surrounding the gendarmerie's intervention and Captain Sané's actions. Lawyers representing the civil parties, Mes Assane Dioma Ndiaye and Amadou Diallo, vehemently challenged the defense's narrative, highlighting several procedural and operational irregularities. A central point of contention was the légalité de la réquisition for the intervention at UGB, with the lawyers arguing that the university rector lacked the proper authority to issue such an order.

Furthermore, the civil parties' counsel criticized the deployment of a "weapon of war" in a campus setting and noted the absence of any disciplinary measures taken throughout the investigation and trial process. In contrast, the defense, led by Me Moustapha Dieng, sought a complete acquittal for Captain Sané. They invoked the principle of état de nécessité, arguing that Sané was acting under orders and to maintain public order based on an official requisition. The defense also presented over 25 medical certificates documenting injuries sustained by gendarmes, underscoring the violent nature of the clashes and challenging the students' standing as civil parties due to alleged lack of direct prejudice.

Beyond the criminal charges against Captain Sané, the procès capitaine Moustapha Sané Fallou Sène has brought the broader question of the responsabilité de l'État du Sénégal and its gendarmerie into sharp focus. The civil parties' lawyers are not only seeking justice for Fallou Sène's death but also demanding substantial financial reparations. Me Assane Dioma Ndiaye specifically requested 200 million CFA francs for Fallou Sène's family, while Me Amadou Diallo sought 50 million CFA francs on behalf of the Student Coordination.

These demands underscore a push for the Senegalese state to fully acknowledge and assume its civil liability for the events of May 2018. The arguments presented by the civil parties suggest that the state, through its security forces, bears ultimate responsibility for the consequences of an intervention that they contend was both improperly authorized and disproportionately executed.

The upcoming deliberation by the tribunal militaire de Dakar Sané on November 27 is poised to establish a significant precedent regarding the accountability of security forces in Senegal. The court's interpretation of concepts such as état de nécessité, the légalité de la réquisition intervention UGB, and the proportionality of force used during public order maintenance will have far-reaching implications. This case could redefine the boundaries of state responsibility and the civil liability claims that can be brought against the State following gendarmerie interventions.

Lawyers and civil society organizations are closely monitoring the verdict, as it will offer crucial insights into the judiciary's stance on the actions of uniformed personnel in volatile situations. The decision will not only determine Captain Sané's fate but also shape future legal frameworks concerning the use of force by the gendarmerie and the state's obligation to compensate victims of such incidents. The procès capitaine Moustapha Sané Fallou Sène therefore represents a pivotal moment for legal accountability in Senegal.

This case establishes a precedent for the legal accountability of security forces in Senegal for actions taken during public order maintenance, particularly concerning the legality of requisitions and the proportionality of force. Lawyers should monitor the upcoming deliberation on November 27th to understand the court's interpretation of 'état de nécessité' and state responsibility, which could influence future cases involving gendarmerie interventions and civil liability claims against the State.

Source: Original reporting via local news sources.