Parquet de Dakar: Crimes Contre l'Humanité Amnistie Challenged in Senegal

• The Parquet de Dakar has qualified certain alleged acts of torture and violence from 2021-2024 political tensions as "crimes against humanity."
• This legal classification could exclude these grave offenses from the general amnesty law adopted in March 2024 for crimes committed between February 2021 and February 2024.
• An investigation into the 2021-2024 demonstrations concluded on September 23, 2026, leading to a judicial inquiry for "crime against humanity," a first in Senegalese history.
• Ibrahima Diaw, an agent of proximity security (ASP) at the Bargny police station at the time of the facts, has been arrested, charged with 'crime against humanity by act of murder,' and placed under a detention order in connection with the death of 53-year-old Mamadou Ndoye.
• Victims' families and human rights organizations have criticized the amnesty law for potentially hindering accountability, especially for acts involving security forces.

This bold move by the Parquet de Dakar to classify certain acts as "crimes against humanity" could effectively circumvent the broad provisions of the 2024 amnesty law.

The Parquet de Dakar (Dakar prosecutor's office) has recently moved to categorize certain alleged acts of torture and violence as "crimes against humanity," a significant development amidst the complex legal aftermath of Senegal's recent political unrest. This decision comes after a period of intense political tensions, marked by widespread demonstrations and deadly clashes across the country between March 2021 and February 2024. During this turbulent time, various reports indicated a toll exceeding 80 fatalities, hundreds of injuries, and numerous allegations of torture.

This prosecutorial approach emerges in the wake of a general amnesty law adopted by the National Assembly in March 2024. The law granted amnesty for crimes and offenses committed between February 2021 and February 2024, ostensibly as a measure to foster appeasement. However, the application of this amnesty to severe human rights violations has been met with considerable scrutiny.

A concrete example of this new legal direction involves Ibrahima Diaw, an agent of proximity security (ASP) at the Bargny police station at the time of the facts. Mr. Diaw has been arrested, charged with 'crime against humanity by act of murder,' and placed under a detention order in connection with the death of 53-year-old Mamadou Ndoye. This specific case highlights the prosecutor's intent to pursue accountability for serious incidents despite the broader amnesty framework.

The qualification of certain acts as "crimes against humanity" by the Parquet de Dakar is crucial because such offenses are considered exceptionally grave under international legal standards. This classification can, under specific conditions, remove these acts from the scope of the general amnesty and subject them to distinct rules regarding prescription periods. This legal maneuver directly addresses concerns raised by victims' families and human rights organizations, who have consistently argued that the 2024 amnesty law in Senegal could impede the establishment of responsibility for serious abuses, particularly those potentially involving members of the defense and security forces.

The general amnesty, while presented as a tool for national reconciliation, has faced strong opposition due to its potential to shield perpetrators of severe violations. Efforts to challenge or reinterpret the amnesty have encountered significant legal hurdles. For instance, a proposed interpretive bill put forth by deputies from the Pastef party was ultimately rejected by the Constitutional Council, underscoring the difficulty of altering an established legislative act.

Furthermore, the principle of non-retroactivity of a more severe penal law presents a substantial legal obstacle to any attempt to revoke an already granted amnesty. This means that even if a new law were to be enacted, it could not, by itself, retroactively invalidate an amnesty that has already been acquired for acts falling under common law, thereby cementing the legal protection offered by the initial amnesty.

The opening of a judicial inquiry for "crime against humanity" represents an unprecedented step in the judicial history of Senegal. This landmark development signals a potential shift in how the Senegalese legal system addresses severe human rights abuses, particularly those occurring during periods of political unrest such as the manifestations Sénégal 2021-2024. The Dakar Research Section concluded its investigation into these demonstrations on September 23, 2026, leading directly to the initiation of this significant judicial process.

This bold move by the Parquet de Dakar to classify certain acts as "crimes against humanity" could effectively circumvent the broad provisions of the 2024 amnesty law. By applying this higher legal standard, the prosecutor's office aims to ensure that individuals responsible for exceptionally grave offenses, such as alleged torture and violence, may still face prosecution, even if their actions might otherwise fall under the general amnesty.

The implications of this approach are profound, setting a critical precedent for accountability in Senegal. It suggests that while a general amnesty may be enacted for political appeasement, the most egregious violations of human rights, when qualified as crimes against humanity, could remain subject to rigorous legal scrutiny, thereby upholding the principle that certain atrocities cannot be simply forgiven or forgotten under national law.

Lawyers and compliance officers in Senegal should note that the Dakar prosecutor's qualification of certain acts as 'crimes against humanity' could circumvent the general amnesty law, potentially exposing individuals to prosecution for severe offenses despite the amnesty. This development sets a significant precedent for how serious human rights violations may be treated in the Senegalese legal system, requiring careful consideration of potential liabilities and the scope of amnesty provisions.

Source: Original reporting via Senenews