The Constitutional Council of Senegal has declared, this Wednesday, in a highly anticipated decision, that the Interpretation Law of the Amnesty Law, voted by the National Assembly on 2 April 2025, is contrary to the Constitution. This decision marks a turning point in the legal and political controversy surrounding this text, brought by the majority parliamentary group Pastef, and proposed by the deputy Amadou Ba. The Interpretation Law, aimed at clarifying certain provisions of the Amnesty Law adopted in March 2024 under the presidency of Macky Sall, had aroused strong opposition. This latest text, voted in a context of pre-electoral political tensions, covered the offences related to political demonstrations between February 2021 and February 2024, allowing the release of numerous detainees, including opposition figures such as President Bassirou Diomaye Faye and Prime Minister Ousmane Sonko. However, the new interpretative law, adopted by 126 of the 165 deputies, explicitly excludes serious crimes such as murders, assassinations, torture and barbaric acts from the field of amnesty, whatever their motivation. According to its defenders, this text was intended to respond to the criticisms of human rights organizations and to align Senegalese legislation with international obligations prohibiting amnesty for serious human rights violations. Despite these intentions, more than seventeen opposition deputies, led by Aïssata Tall Sall, president of the Takku-Wallu parliamentary group, have approached the Conseil constitutionnel to challenge the conformity of the text with the Constitution. According to the applicants, the law went beyond the scope of a simple legislative interpretation by introducing new legal elements, which would violate constitutional principles.
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