teach officials in charge of the implementation of laws and standards
contained in their instruments to enable them to ensure a fair balance between
their key responsibilities of safeguarding public order and protecting
fundamental human rights.
227. The Senegalese Army, the police and gendarmerie, and the security
agencies in general are known for their professionalism, their sense of
Republicanism and their respect for human rights.
228. The frequent human rights abuses experienced in the past decade are
mere aberrations which need to be quickly corrected, including, through
capacity building in the area of human rights for the security agencies. The
National Police College (ENP), the Gendarmerie Training Institutes and the
Armed Forces Training Centre provide initiation courses to their students in this
subject, but there is the need to consolidate these gains to ensure greater
respect for human rights.
(b) Guarantees in the area of pre-trial detention :
229. The same concern of preserving human freedom appears at the decisionmaking level where an accused person is detained in the following cases:
In criminal cases, when the maximum sentence imposed is lower than or
equal to 3 years, an accused person who is permanently resident in
Senegal cannot be placed in pre-trial detention for more than five (5)
days;
In the same types of cases, the accused person who is a permanent
resident within the location of the court handling the case, cannot be
put into pre-trial detention;
The examining magistrate’s warrant of committal shall be valid for a
maximum period of only six (6)months ;
Finally, a special tribunal has been established at the Supreme Court to
« rule on applications for claims presented by persons who have been
the subject of pre-trial detentions but whose cases have been dismissed
for lack of evidence, leading to their discharge or acquittal72. »
(c) Towards large-scale reform of the Senegalese criminal law :
230. In 2006, the Senegalese Government established a Criminal Law and
Criminal Procedure Reform Commission in order to provide the country with a
criminal legislation in keeping with international commitments to which it is a
party.
72
See paragraph 1 of Article 4 of the Organic Law No 2008-35 of 7 August 2008 on the establishment of the
Supreme Court of Senegal.
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