106. The Supreme Court can also be consulted by the President of the Republic, the Speaker of the National Assembly or the government on any legal issue29 relating to national life. 107. The same Organic Law, through the procedure of appeal against execution, allows any individual to also question the decision of the Supreme Court that has the force of res judicata. 108. In fact, the public prosecutor at the Supreme Court where the parties are engaged in a dispute,30can file an appeal against a final judgment pronounced by the Supreme Court in the event where the ruling is « vitiated by a procedural error, not attributable to the interested party but has affected the solution provided by the Supreme Court to the case.31 » 109. The said claim shall be reviewed by the Supreme Court sitting in a joint session, and the judges who heard the case during the consideration of the appeal in cassation, cannot take part in the deliberations32. 110. This procedure, which is unique in Francophone West Africa, allows the citizen seeking redress to point out the errors for correction of any judicial procedural errors on the part of the judiciary33. 111. Concerning the regular courts, this issue rather touches on human rights. In this regard, apart from rights enjoyed by any individual involved in a case, the person on trial enjoys specific rights under criminal law. The key principles applicable under criminal law are mainly: the principle of adversarial proceedings, the presumption of innocence and the principle of respect for the rights of the defense. 112. Thus, the civil party or the accused person may be eligible for certain rights under Article 10 of the Universal Declaration of Human Rights, as their « case must be heard fairly and in public by an impartial and independent court». Furthermore, the accused person is entitled to the respect of his physical integrity; devoid of any act of torture in looking for evidence. Moreover, such a principle is laid down in Article 5 of the aforementioned Declaration. 29 30 31 32 See article 6 of Organic Law No 2008-35 of 8 August 2008. See paragraph 2 of Article 51 of the Organic Law No 2008-35 of 8 August 2008. See paragraph 3 of Article 51 of the Organic Law No 2008-35 of 8 August 2008. See paragraph 4 of Article 51 of the Organic Law No 2008-35 of 8 August 2008. 33 See Supreme Court of Senegal, Judgment No 01 of 05 February 20103, Case J/302/RG/11 of 03/11/2011 The SUNEOR formerly. SONACOS vs. Sadikh Diagne, Judgment No 03 of 05 February 2013, Judgment J/54 bis/RG/09 of 26/02/2009, (Africa Coast Estate Company and Civil Society Estate Company Kerou Aldiana vs. Raphaël HEDANT) Société foncière de la Cote d’Afrique et la Société civile Immobilière Keurou Aldiana contre Raphaël HEDANT. 26

Select target paragraph3