Rejection of the Amadou Bâ law: One Decision One Hundred Interpretations – Lequotidien

The crimes committed between 2021 and 2024 during the riots are definitively erased. The Constitutional Council has just confirmed this by rejecting the amnesty interpretation law, which it deems « contrary to the Constitution. » An apparent snub that, in essence, suits the Pastef party. The ruling party will be able to hide behind this decision to claim it has fulfilled its promise to deliver justice to the victims.

Boasting the Constitutional Council’s decision annulling the amnesty interpretation law as a sign of rupture! This posture of certain members of the presidential movement started to manifest as soon as the decision of the Seven « Wise Men » was known. In reality, it is a snub that the government has just suffered, despite denials.

Presented as the best way to deliver justice, this law interpreting the amnesty had a hidden objective: to protect looters and bring to justice the authorities responsible for the country’s security. The « Wise Men » decided otherwise. The situation remains as it is. All acts committed between February 2021 and March 2024 are erased. Because « article 1 of law number 08/2025 adopted by the National Assembly on April 2 is contrary to the Constitution, » declare the « Wise Men. » For whom, « Acts considered criminal under the rules of international law, including assassination, murder, the crime of torture, acts of barbarity, inhuman, cruel or degrading treatment, are included in the scope of the amnesty when they are linked to the exercise of a public freedom or a democratic right; that by thus including in the scope of the amnesty law acts that are imprescriptible in light of Senegal’s international commitments of constitutional value, paragraph 2 of article number 08/2025 of April 2 violates the Constitution. »

Pastef Wins and Loses

In short, the amnesty is still in effect. While the opposition who denounced a biased law, can claim victory, the government is not the loser. Its militants, whom it wanted to protect, will not be worried. Moreover, Pastef will not be singled out for a broken promise. Indeed, Sonko and his lieutenants proposed a law that the Constitutional Council rejected. A narrative that they will have no trouble getting the masse to understands.  It was however certain that the « Wise Men » would not approve such a biased law.

Is this a way for the government to split the difference? In any case, the facts seem to support those who argued that Pastef never actually wanted to move the needle on this issue, because the ruling party has a lot to lose. This hypothesis became more credible in light of what happened. Indeed, it was Thierno Alassane Sall who tabled a bill to repeal the amnesty. This was dismissed by the Assembly Bureau, citing the financial impact this law would have. An Assembly that would prevent justice being rendered to the 80 Senegalese killed under the pretext of budgetary implications and, at the same time, frees up budgetary pockets to raise the status of MPs, seems to be in agreement with the decision of the Constitutional Council, which will maintain the situation as it is.

Towards a Constitutional Court?

This decision by the Constitutional Council must have consequences. Will it accelerate the reform of the Council? In any case, it is no longer a secret that the government’s desire is to move toward a Constitutional Court. Amadou Bâ, who contacted the « Wise Men » to find out whether the former President had consulted them about his possible third candidacy, already floated the idea of ​​reforming the Council. Meanwhile, this possible reform is not the most urgent issue in the area of ​​justice. The presence of the Executive within the High Council of the Judiciary, as well as the link between the Prosecutor’s Office and the Minister of Justice, are being singled out as obstacles to the independence of the judiciary. After more than a year in power, and despite the promise made to the Senegalese people, nothing has changed. These are the urgent issues of the moment!

By Malick GAYE / mgaye@lequotidien.sn

• Translation by Ndey T. SOSSEH