The presumption of innocence is not specifically guaranteed by the Senegalese Code of Criminal Procedure. This fundamental principle which stipulates that “any suspected person is innocent until a final decision declares him guilty”, is also enshrined in the international texts that our country has ratified. But the observation in Senegal is that a person suspected of a misdemeanor or a crime is presented as guilty and stigmatized even before their judgment. Lawyers, members of civil society and litigants denounce a violation of defense rights and put social networks and certain media in the dock.

“Any person suspected is innocent until a final decision declares him guilty”, we often hear in the courtroom or in legal debates. Indeed, the presumption of innocence is not only guaranteed by the Senegalese procedural code, but it is also enshrined in international texts ratified by our country. These include the Declaration of the Rights of Man and of the Citizen of 1789 and the African Charter on Human and Peoples’ Rights.

Article 7 of the said charter states: “Everyone has the right to have their case heard. This right includes: the right to the presumption of innocence, until guilt is established by a competent court.”

This principle requires the prosecution to prove guilt, while offering the accused guarantees (right to defense, fair trial) although it does not prevent him from providing proof of his innocence or supporting facts, and does not oppose provisional detention or the provisional execution of sentences.

But in Senegal, this principle is flouted most of the time. As soon as a person is summoned, even as a witness or civil party, public outcry sometimes designates them guilty. A trial and conviction without trial.

The phenomenon is accentuated by the boom in social networks. This situation exasperates litigants and justice actors.

Leaning on a post in front of the Lat Dior courthouse, Mamadou Sèye is the only one, among a group of individuals, who agrees to give his opinion on the question. The pharmacist is angry with those who are quick to violate the principle of the presumption of innocence. He always prefers to be cautious towards people in conflict with the law.

“I believe that even when a person is convicted at first instance, they have the right to appeal and can be acquitted,” he argues.

For him, this principle should guide magistrates before putting a suspect in prison because, according to the testimony of Ndèye Yacine Diop, a trained lawyer, many people have seen their lives turned upside down because they were sent to prison and considered guilty by society before finally being cleared by the courts.

“It often happens that a person is arrested and held in detention for months or even years. Meanwhile, his life is ruined, his family dislocated. In the end, she is judged and released,” argues the young woman, sheltered behind an ambulance parked around the Lat Dior courthouse.

What irritates him more is the treatment reserved for suspects by social networks.

“Before the boom of social networks,” she says, “you could arrest and judge a person without those around them knowing. But today, we can find his file in the press even before he is summoned by the courts.”

The misfortune, she regrets, is that “no amount of money will be able to compensate for what she lost”.

The worst thing about this media exposure against a backdrop of violation of defense rights is that social reintegration is suffering a serious blow.

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This is why our interlocutor invites citizens to respect the presumption of innocence. In the same vein, she urges magistrates to take it into greater account before placing a person under a committal warrant.

“Even if there is consistent evidence, as the lawyers say, we should wait until we have irrefutable evidence before sending a person to prison,” she suggests.

For pharmacist Sèye, this would avoid many cases of imprisonment detrimental to litigants.

In fact, Mamadou Sèye notes with bitterness that many ex-inmates have difficulty reintegrating.

“In Senegal, social reintegration is a real problem, because once people get an idea in their head, it is difficult to make them change their mind,” he points out.

Beyond the social and moral consequences, the pharmacist is also worried about the state budget.

“It is better to let the person go free while carrying out the investigation because let’s not forget that the prisoners are fed with taxpayers’ money,” he emphasizes.

“Presumption of guilt”

At the heart of cases and often exposed in the spotlight like their clients, lawyers are also exasperated by the failure to respect the presumption of innocence.

Lawyer at the Court, Me Ibrahima Mbengue cannot understand that a person presumed innocent is placed under a committal warrant.

Recalling the principle according to which “freedom is the principle and detention the exception”, the lawyer notes a reversal.

“If the person is legally domiciled, they are arrested and placed under a committal warrant, that looks like a presumption of guilt,” he criticizes.

Wishing to intervene under

“If every person arrested or questioned before the courts was automatically guilty, there would be no dismissal of charges or dismissal of cases without further action,” he explains.

However, the council concedes that we cannot ignore the social and cultural aspects of the country which mean that, when a citizen is arrested for rape for example or embezzlement of public funds, we immediately conclude that he is guilty.

However, he says, “between popular belief and legal reality, there can be an abysmal desert”.

In this situation, the press is not exempt from reproach. The Black Dress believes it plays a fundamental role in popular perception of the presumption of innocence.

“Sometimes, we see on television sets and on social networks hosts who have no concept of law and who allow themselves to make comments and assertions without any legal basis,” denounces the justice actor.

Babacar Bâ, president of the Forum du justiciable, makes the same remark regarding certain media. “The majority of Senegalese are seeing, more and more, abuses in the public space, the sounding board of which happens to be the media,” he underlines.

His observation is clear. Indeed, he is sorry that “several abuses or discrepancies in language have punctuated, for several months, even several years, legal cases with potential consequences on social peace, national cohesion and our common desire to want to live together”.

Most abuses, he continues, “result from failure to respect the presumption of innocence of those prosecuted by the courts”.

Mr. Bâ is therefore saddened to see so many citizens suffering the consequences of such a violation. “A person presented as guilty before their judgment is often stigmatized, rejected socially or professionally. Even in the event of acquittal, publicized suspicions can leave an indelible stain on public opinion,” notes the lawyer and civil society actor.

Very concerned about the stability of the country, the president of the Forum du justiciable finds that a premature indictment can cause social tensions or demonstrations. According to him, it is in this context that the Forum du justiciable, in partnership with the Cosce (Collective of civil society organizations for elections) and the NGO 3D, as part of the “Saxal Jamm” project (sustaining peace), organized training for journalists who are judicial chroniclers on the theme of the responsibility of the media in the dissemination of judicial information.

“A principle little known by the press”, Me Baba Diop, lawyer at the Court

Unlike our other interlocutors who seem to condemn the press, Me Baba Diop wants to be more understanding towards the media. It rather evokes a problem of ignorance of legal texts.

To this end, the lawyer recalls that the presumption is a principle of law. In criminal matters, he explains, “there are many sources of law, including international conventions, principles of law, etc. “.

Concerning the presumption of innocence, he informs that there are texts which are not said in the procedures, but which appear implicitly in almost all stages of the criminal procedure.

“The entire criminal procedure is built around the presumption of innocence. It is through the presumption of innocence that we speak of certain principles enshrined in the code of criminal procedure such as the burden of proof which falls on the applicant”, informs the black dress.

Revisiting history, Me Diop recalls that it has been established since the French Revolution of 1789, which began to establish the rule of law.

“It is around this principle that we enshrine the rights of defense,” he emphasizes.

Continuing, he adds: “When we say in criminal matters that doubt must benefit the accused, this is underpinned by the principle of the presumption of innocence which requires that in the event of doubt, the person is acquitted. Even the right to a fair trial implies the presumption of innocence.”

All things considered, he notes that the presumption of innocence is at the heart of criminal procedure.

However, he said in defense of journalists, “it is little known even within the press which deals with legal issues because it is not the justice system which provides information on legal cases, but rather the press”.

However, Me Diop does not completely exonerate the press and insists on respecting ethical rules.

“The press has a fundamental role in processing cases pending before the courts. If we report by pretending the person is guilty, that’s not good. It is true that with social networks, it is difficult to channel information, but the press must resume its role,” argues the lawyer.

H D. GAYE