Sénégal Justice Minister: Police Convocation Must State Motif

• Senegal's Minister of Justice, Me Moussa Sarr, issued a circular on November 3, 2026, requiring judicial police summons to state the reason for convocation.
• The directive ends the practice of using vague phrases like "affaire vous concernant" on summons.
• This change aims to protect defense rights, guaranteed by Article 9 of the Constitution and Article 7 of the African Charter on Human and Peoples' Rights.
• Summons must now specify the nature of the matter, offense, or facts, allowing individuals to prepare their defense and seek counsel.
• The circular applies to all judicial police officers and agents across Senegal, without compromising investigation secrecy.

The Minister of Justice underscored that the right to defense is an absolute entitlement, firmly guaranteed at every stage and degree of legal procedure by Article 9 of the Senegalese Constitution.

A significant directive issued on November 3, 2026, by Senegal's Minister of Justice, Me Moussa Sarr, now requires all judicial police summons to explicitly state the reason for an individual's convocation. This circulaire ministre justice Sénégal, addressed to the nation's Prosecutors General, aims to end the long-standing practice where police and gendarmerie units, along with other services performing judicial police functions, would issue convocations police that merely cited "affaire vous concernant" (matter concerning you). The Minister highlighted that this vague phrasing left individuals uninformed about the specific grounds for their required appearance, a practice he deemed in need of urgent revision.

The previous method of issuing a convocation sans motif was identified by the Minister as being fundamentally at odds with the principle of loyalty that must govern legal proceedings. He argued that deliberately keeping a summoned party ignorant of the subject matter undermines the integrity of the process. Crucially, Me Sarr emphasized that this approach directly compromises the protection of droits de la défense Sénégal, which are foundational to the country's legal framework.

The Minister of Justice underscored that the right to defense is an absolute entitlement, firmly guaranteed at every stage and degree of legal procedure by article 9 Constitution Sénégal. This constitutional safeguard is further bolstered by article 7 de la Charte africaine des droits de l'homme et des peuples, both of which affirm an individual's right to a fair and informed process. The absence of a clear reason on a summons directly hinders the effective exercise of these critical rights, preventing individuals from adequately preparing for their appearance before authorities.

To ensure these fundamental rights are genuinely actionable, the circular specifies that any person called to appear must be empowered to assemble their defense, gather pertinent documents, and, if they choose, secure legal counsel prior to any questioning. The directive also extends this requirement for clarity to summons issued to witnesses or victims, mandating that their specific status be clearly indicated. This ensures that all parties involved understand their role and the precise context of their interaction with judicial authorities.

Under the new instructions, Prosecutors General are now responsible for directing the Republic Prosecutors within their respective jurisdictions to ensure that all judicial police officers and agents, irrespective of their specific corps or service, discontinue the use of the ambiguous "affaire vous concernant" phrase. Instead, every Sénégal convocation police judiciaire motif must now explicitly detail its object, which includes specifying the nature of the matter, the alleged offense, or the facts upon which the individual will be questioned. This precise requirement is designed to equip individuals with the necessary knowledge to engage effectively with the legal process.

The circular explicitly states that this enhanced transparency does not, in any way, compromise the secrecy of ongoing investigations. It is not intended to disclose confidential evidence or investigative leads, but rather to provide only the information strictly necessary for an individual to prepare their defense or to facilitate the smooth conduct of a potential hearing. The Minister has called for the strict application of this circular and has requested that any implementation challenges be reported back to him. The directive has been disseminated to the Prosecutors General at the Courts of Appeal in Dakar, Thiès, Saint-Louis, Kaolack, Ziguinchor, and Tambacounda, covering key judicial regions across Senegal.

Lawyers in Senegal must now advise clients that police and gendarmerie summons must explicitly state the reason for the convocation, enabling them to prepare their defense. Non-compliant summons can be challenged, and legal professionals should ensure their clients are aware of this enhanced protection of their rights under the new circular.

Source: Original reporting via SenePlus