Reasons for judicial summons: Circumspect lawyers and human rights defenders
The circular from the Minister of Justice ordering the police and gendarmerie to specify the purpose of the summons addressed to litigants is appreciated by lawyers and human rights defenders. The latter congratulate Me Moussa Sarr and plead for the effectiveness of the measure.
Last Wednesday, the Minister of Justice published a circular to order the police and the gendarmerie to no longer put the words “Case concerning you” on summons sent to citizens. Moussa Sarr demands that the object be clearly specified to respect the defense. This measure is highly appreciated by lawyers and human rights defenders. “Master Moussa Sarr is doing an excellent job by emphasizing respect for the rights of the defense,” rejoices Babacar Bâ of the Forum du justiciable. Me Amadou Aly Kane welcomes “an instruction which creates a balance between the parties” while emphasizing that it is “very important” that the person is prepared. Me Amadou Diallo, who applauds “strongly”, argues that this preparation has a psychological advantage. “Someone who is summoned as a witness is not in the same state of mind as someone who is summoned as a defendant,” explains the head of Amnesty Senegal. However, Me Diallo believes that we must go beyond the texts and ensure that the circular is scrupulously respected by the people concerned. If Mr. Kane pleads for strengthening the resources of the scientific police, Mr. Diallo invites the Ministry of Justice to ensure with all public prosecutors’ offices that the circular is effectively implemented in practice. Because according to him, there are possibilities of circumventing the measure, in particular by avoiding summons to go and pick up people directly. According to him, last Tuesday, one of his clients was picked up for a commercial matter and forced to make commitments and even pay a deposit for a purely commercial matter. However, he criticizes, “the Minister of Justice has already issued a circular to this effect”. Stressing that “in practice, effectiveness poses a problem”, the black dress maintains that we must ensure that the circular does not remain a pious wish. And for greater effectiveness, Babacar Bâ recommends regular monitoring by the Ministry of Justice. “That its technical services sometimes even travel to the level of police stations and brigades to actually see if the purposes of the summons have been specified,” insists Mr. Bâ. Beyond the authorities, he urges citizens to demand respect for their rights. “Let us now take our rights. The minister issued a circular, we must take our rights. Because it is also up to the person to be respected,” insists Mr. Bâ.
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