156. These prescriptions of the fundamental Charter are scrupulously adhered to
and justify the following measures taken by the highest authorities of the
country:
Abolition of the death penalty with the adoption of Law 2004-38 of 28
December 2004. Until this time, the country had been a de facto
abolitionist for more than four (4) decades , but with the inception of this
law, it became a de jure abolitionist ;
Ratification of the Convention on forced or involuntary disappearances
on 28 November 2008 ;
Inclusion into the penal Code of Law n° 96-15 of 28 August 1996 defining
torture49 ; the adoption of Law 99-05 of 29 January 1999 amending
certain provisions of the Senegalese Criminal Code (Article 58,
paragraph 1 of Article 295 and Article 297 paragraph (a) in particular) to
ensure better protection of physical integrity.
157. Furthermore, with the growing awareness about the extent of the
phenomenon of human trafficking in the West African sub-region and in the
country , the Senegalese government ratified most of the Conventions on the
issue and more importantly :
The United Nations Convention on the Rights of the Child of 1989 and its
Supplementary Protocol on the sale of children, prostitution of children
and child pornography of 2000 ;
Convention n° 138 on the minimum age of admission to employment of
1973,
The Hague Convention on the Protection of Children and Cooperation in
matters of International Adoption of 1993 ;
Convention n°182 of the International Labour Organisation (ILO) of 1999
on the worst forms of child labour and the immediate action for their
elimination ;
United Nations Convention against Transnational Organized Crime and its
Protocols thereto to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children of 2000 (The Palermo Protocol).
158. At the national level, Law 2005 – 06 of 10 May 2005 on combating human
trafficking and related practices and the protection of victims was passed to
supplement the traditional provisions contained in the criminal code, including
Articles 323 et seq relating to pimping and Article 245 which regulates begging,
paragraph 3 of which criminalizes persons who allow minors of twenty-one years
in their custody to resort to begging.
49
New paragraph 1 of Article 295 : « They include torture, injuries, blows , physical or mental violence or other
assaults voluntarily exercised by an officer of the public service or any other person acting in his official capacity
or at his instigation or with his express or tacit consent , either with the aim of extracting information or
confessions , taking vengeance or unleashing acts of intimidation in order to cause any form of discrimination. »
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