Senegal’s Constitutional Council on Wednesday annulled a legislative revision pushed by Prime Minister Ousmane Sonko’s new government to amend an amnesty law enacted during former President Macky Sall’s tenure.
The controversial amnesty law, passed in March 2024 in the final days of Sall’s 12-year presidency, granted immunity for offenses committed between February 2021 and February 2024—a period marked by deadly protests, political unrest, and widespread arrests of opposition figures, including current President Bassirou Diomaye Faye and Sonko himself.
Critics of the original law argue it effectively shielded those responsible for serious human rights violations. In response, the newly formed government moved to revise the law earlier this month, excluding crimes such as torture, murder, and barbaric acts from its protection—regardless of who committed them or why.
However, the Constitutional Council ruled that the revised legislation contradicts Senegal’s constitution. In its decision, the council highlighted that the new law attempted to retroactively amend provisions that are in direct conflict with international legal standards, particularly regarding crimes that are universally recognized as having no statute of limitations.
The council stated that the revised law “violates the constitution” by attempting to redefine the scope of amnesty in ways that would nullify Senegal’s international obligations.
The ruling sparked differing interpretations from both the ruling coalition and the opposition.
Supporters of the ruling Pastef party claimed victory, arguing that the Council’s acknowledgment that serious crimes like torture and assassination are not subject to amnesty means justice is still possible. “Victims can now pursue legal action. That’s a win for accountability,” a party statement said.
Meanwhile, allies of former President Sall described the court’s rejection of the revision as a “clear rebuke” of the current administration’s approach. They accused the government of using legal maneuvers to target political opponents from the previous regime.
A constitutional law expert, speaking anonymously, said both sides have valid points. “The revised law cannot be enacted, but the government succeeded in establishing that grave crimes remain prosecutable. In effect, both the repeal attempt and the original amnesty have limits.”
President Faye has previously vowed to repeal the original amnesty law “so that all the facts can be clarified” and ensure justice for those affected during the turbulent 2021–2024 period.
