Senegal’s highest court has dismissed a proposal from lawmakers to amend an amnesty law that could have allowed for potential prosecutions related to the deaths of numerous protesters during anti-government protests from 2021 to 2024.
The parliament of the West African nation had earlier this month approved changes to the law, originally enacted in March 2024 under former President Macky Sall, which granted pardons for offenses committed by both security personnel and demonstrators. Riots erupted throughout Senegal leading up to the elections on March 24 last year, driven by fears that Sall was suppressing his opponents and attempting to extend his tenure beyond his term limit.
According to Amnesty International, at least 65 individuals lost their lives, primarily due to gunfire, marking the deadliest period of violence in Senegal since its independence from France in 1960. While Sall’s administration and the security forces denied any misconduct, witnesses reported to Reuters that security forces had opened fire on the crowds. Human rights organizations and legal advocates urged the repeal of the amnesty law, arguing that it left the families of the deceased without any means to seek justice. The suggested amendments, which were approved by lawmakers on April 2, aimed to eliminate the amnesty for certain offenses such as murder, torture, and enforced disappearance, unless those acts were connected to the exercise of public freedom or democratic rights, as stated in the ruling by the Constitutional Court released on Wednesday.
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However, the court determined that such offenses were unconstitutional and could not be pardoned under any circumstances, including the amnesty law.
The opposition coalition Takku Wallu Senegal expressed its approval of the court’s ruling in a statement, noting that opposition lawmakers had previously raised concerns that the proposed amendments were biased and would protect those protesters accused of inciting violence and looting.