I. Considerationp generalp.
After the election department, municipal and legislative, Actorss policies oweto chase dialogue for the pacification of the political space. Allhe living forces of the Nation ofowe municipality and confirm theirbelonging to the municipality same country and to the same people outside their differences.
In this effect, The Forum du Justiciable provides an opportunity for the debate on the relaxation of the political space. This relaxation could realized through several already recommended initiatives, in particular the revision of article L31 and L32 of the electoral law and the passing of an amnesty law.
The Litigant’s Forum, without excluding the second possibility, offers its contribution to the adoption of a law onamnesty, the content of which follows.
II. On itexposed motifs Bill.
The weight should be on that easing of the political scene WHO is a modality adopted by democratic governments to allow the nationion to overcome its divisions and of to turn against the future with regard to the republican law.
III. draft proposalandreasons.
Senegalese politicians have always favored discussion.does not to consolidate social peace, solve polite challengesnew and returning ticks. Lthe first president Léopold Sédar Senghor, described Senegal as a ” the land of dialogue”. The generation of the 1960s established dialogue as a national political culture and the generation after 1990 Hi m followed suit by regulating disputes policies and electorusing the same method.
At the end of the presidential election in February 2019, in order to calm and ease the political space, a national dialogue was launched on 28 May 2019 to reach agreement on the most important problems in Senegal.
This attempt reconciliation of the political scene could create conditions for reconciliation andof a national rehabilitation which, through the adoption of an amnesty law, will enable reintegration into political life of certain Senegalese citizens.
Fruit of a long tradition, amnesty erases legal consequencescs for violation of the law. It is a known practice in Senegal’s political history. “ As President Senghor had done on political crimes and misdemeanors, President Diouf said of the events known as “ from Casamance and President Wade on all political crimes committed between 1983 and 2004 in connection with the elections (EZZAN Act).
that legislature can thereafterfor the purpose of relaxation politics or socialeremove any criminal character from certain criminally reprehensible facts, by prohibiting any prosecution in respect of them, or by canceling the convictions which have beat; he it is then up to him to decide which offenses are involved and, if so, the persons to whom the amnesty shall apply; the principle of equality does not prevent it from delimiting the scope of amnesty in this way, provided that the selected categories are objectively defined.
The planned amnesty of this projectand off product legislationall the effects that derive from the idea of forgetting and thus creating the terms of ureconciliation and a rehabnational bilitation, which by allowing reintegration into political and social lifeof all people take advantage of thisoh offamnesty, will confirm the willingness of the public authorities to further promote in Senegal e.gexercise of democracy iunit nnationally or in diversity of the free opinions of Senegalese citizens.
This is the scheme of the bill.
IV. On the content ofep objects.
that project of the law may include six (6) items.
objects 1 and 2 : the two articles delimit amnesty due to the nature of the offense or the circumstances of its commission.
Articles 3 and 4: both items constitute the effects of the amnesty.
Clause 5: this article proves it amnesty disputes.
Article 6: this article gives the right to a judicial review.
V. Proposals for the design of articles.
First article. Is amnestyeso f full Act on criminal offenses committed between 1 January 2002 and 25 March 2012 in accordance with Article 163 bis of the Criminal Code suppress enrichment illegal.
Section 2. Is amnestyeso f full right the correction offenses committed between 1 January 2011 and 31 December 2015 stipulated in the article 5, 135, 136, 137, 153 and 154 on suppression of document forgery and use of document forgery in commercial writing, document forgery and use of document forgery in administrative documents, fraud with public funds.
Section 3. Amnesty of the offense entails, without her does not May Ibut gives rise to compensation, discount tin all all sorrowsaccessories and supplements as well as the disappearance of allances, exclusions, disqualificationp and deprivation rights attachedes barely.
Article 4. It is prohibited for any person who has become aware of it in the exercise of his functions to revoke in any form or to allow to persist in any document whatsoever, criminal convictions, disciplinary or professional sanctions and judgments.heances deleted by amnesty.
However, the minutes of the judgments or sentences as well as the decrees, orders and decisions shallsions taken during fpublic anointings or national orders escape this prohibition when they have been deposited in the offices or with HAVEnational archives.
Article 5. Disputes regarding the application of this amnesty law are judged by the competent prosecution department under the conditions set out in article 727, paragraph 2 and 735 of the Criminal Procedure Act.
Section 6. The amnesty does not preclude the trial by any competent jurisdiction to establish the innocence of the convicted.
Made in Dakar, 19 August 2022