Rights of defense: The reasons for judicial summons are now required!
The Minister of Justice, Me Moussa Sarr, asks the judicial police services to systematically specify the reasons for the summons sent to the people called to be heard. In a circular dated November 3, 2026, he invites the attorneys general at the courts of appeal to put an end to the use of the formula “case concerning you”.
The Minister of Justice notes that certain police and gendarmerie units, as well as other services entrusted with judicial police missions, limit themselves to this mention without indicating the reasons why the person concerned is called upon to present themselves. A practice which, according to him, is contrary to the loyalty that should govern the conduct of the procedure and undermines the protection of the rights of the defense.
In this regard, Me Moussa Sarr recalls the guarantees enshrined in Article 9 of the Constitution and Article 7 of the African Charter on Human and Peoples’ Rights. He emphasizes that their effectiveness presupposes that the person summoned is sufficiently informed of the subject of his hearing to prepare his defense elements, gather the useful documents and, if he wishes, request the assistance of counsel.
Consequently, the Minister instructs the public prosecutors to ensure that the officers and agents of the judicial police expressly mention, in each summons, the nature of the case, the offense or the facts on which the person will be heard. When the summons is intended for a witness or a victim, this status must also be specified.
The Minister of Justice specifies, however, that this requirement does not call into question the secrecy of the investigation. It is not intended to reveal the elements collected or the clues, but to provide the information strictly necessary for the preparation of the defense and the smooth running of a possible hearing.
The circular finally asks the attorneys general to ensure its strict application and to report on any difficulties encountered.
Salla GUEYE
