The courts of first instance correspond to the :
o 11 regional tribunals including the Dakar court of special
jurisdiction whose territorial competence falls within the
administrative boundaries of the region where they are located;
o 33 departmental courts68;
o 11 labour courts
o 1 Military court.
195. The Constitution guarantees that every individual must be heard and it
recognizes the principle of legality of criminal offences and penalties and the
right to defence69, which is absolute at all stages of the judicial process.
196. These provisions are supplemented with two cardinal texts, the Criminal
Code (CC) and the Code of Criminal Procedure (CCP), one guaranteeing the
legality of criminal offences and penalties, and the other specifying in the
various provisions the ways and means victims may proceed to inform the
public service of the judiciary.
197. Senegalese courts give their rulings independently and in the event where
one of the parties to the trial is not satisfied, he may appeal to a superior court,
or where necessary, he can appeal to the Court of Cassation.
198. Senegalese law recognizes the mechanism of the exception of
unconstitutionality of laws which allows a party to raise the unconstitutionality of
a law or an international treaty ratified by Senegal before the Supreme Court.
199. To protect the rights and freedoms of citizens from any form of arbitrariness
by the authorities, Article 92 of the Constitution provides for:
Appeals concerning the misuse of authority which allows every individual
with an interest in the annulment of a ruling of an administrative authority
to make a request to the administrative Chamber of the Supreme Court
for that purpose;
Full remedy actions are open to any person whose rights have been
violated by any administrative action of the Government.
200. However, poverty and illiteracy are major challenges to individuals getting
greater access to justice. In order to bring individuals close to the judicial system
and facilitate their access to the courts, the government established a Justice
Sector Programme (JSP) in 2004 over a period of 10 years with the main aim of
ensuring good governance at the judicial level through the consolidation of the
rule of law, improvement of the business environment and more importantly
safeguarding the security of persons and property.
68
Dakar, Pikine, Guédiawaye, Rufisque, Thiès, Tivaouane, Mbour, Diourbel, Mbaké, Bambey, Kaolack, Kaffrine,
Nioro, Fatick, Gossas, Foundiougne, Ziguinchor, Bignona, Oussouye, Kolda, Vélingara, Sédhiou, Tambacounda,
Kédougou, Bakel, Louga, Linguère, Kébémer, St-Louis, Podor, Dagana, Matam and Bakel.
69
Article 9 of the Constitution.
45