Senegal constitutional council overrules revised amnesty law

Senegal's constitutional council on Wednesday struck down legislation approved by the new government revising the amnesty law passed under former president Macky Sall.

Prime Minister Ousmane Sonko had vowed to repeal the amnesty law passed by Sall, which critics say shields perpetrators of crimes committed between February 2021 and February 2024.

During that period, dozens of people were killed and hundreds of opposition figures were arrested, including Bassirou Diomaye Faye, who is now president, and Prime Minister Sonko.

The amnesty law was adopted in March 2024, during the final weeks of Sall's presidency (2012-2024), in an effort to ease political tensions.

But in early April, the parliament under Sonko's new government adopted a revision stating that killings, assassinations, acts of torture and barbarism were no longer covered by the amnesty "regardless of their motivation and irrespective of the perpetrators".

The new text opened the possibility for the prosecution of senior figures from the former government over events between 2021 and 2024, though the opposition believed it was an attempt to protect the supporters of Sonko's ruling Pastef party.

Wednesday's constitutional council ruling said a provision of the revised law was "contrary to the country's constitution".

By including amnesty for acts "considered criminal under the rules of international law" and "without a statute of limitations in light of Senegal's international commitments", the new text "violates the constitution", it said.

Both the ruling and opposition camps interpreted the council's ruling differently, each believing they had won the case after the decision was published.

The ruling party believes that its demand "not to let violent crimes go unpunished" has been met, because the council's decision "gives victims the opportunity to file complaints", said a statement issued Wednesday evening.

Meanwhile, the party of former president Sall said the council's decision is "a rejection that constitutes a stinging disavowal" for the government.

An associate professor of constitutional law said the decision could be interpreted favourably for both the ruling and opposition parties.

"The council rejected (the revised amnesty law) and it cannot be promulgated by the Head of State," said the expert, who requested anonymity.

But the council also states that "crimes, torture, assassinations, etc., are imprescriptible and can be tried. The government has won its case on this score."

President Bassirou Diomaye Faye had promised to repeal the amnesty law "so that all the facts can be clarified."