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