The Minister of Justice of Senegal, Ousmane Diagne, sent, on November 8, a confidential circular to the attorneys general, public prosecutors and prosecutor's delegates. Objective: to regulate the use of committal warrants to respond to the overcrowding crisis in the country's prisons.
An alarming prison situation
Senegalese prisons far exceed their reception capacities. For example, the Rebeuss remand center accommodated, as of September 10, 2024, 3,257 inmates for a maximum capacity of 1,800. For its part, the Thiès remand and correction center (MAC) accommodated, as of October 16, 2024, 1,223 residents, an excess of 591 people. This situation reflects a widespread overload across the country, where penitentiary establishments had 14,513 inmates as of October 21, 2024.
Faced with these figures, the minister stressed that current detention conditions respect neither Senegalese legal standards nor international human rights standards.
Streamlining the use of deposit orders
In his circular, Ousmane Diagne calls for exceptional use of deposit mandates. He invites magistrates to favor penal mediation, provisional release or judicial control when possible.
Certain offenses are specifically targeted by these rationalization measures. For example, the possession and use of Indian hemp, intentional assault and battery, minor violence, threats or even the illegal occupation of land. The minister specifies that, in cases of misappropriation of seized property or involuntary homicide without aggravating circumstances, the committal warrant should only be considered in the event of absolute necessity.
Concerning financial offenses such as fraud or breach of trust, he recommends avoiding preventive detention when the damage remains limited. For more serious damages, he suggests favoring criminal mediation, provided that the parties can reach an agreement.
Strict instructions to the floors
Ousmane Diagne insisted to the members of the public prosecutor's office on the need to restrict requisitions for placement under committal warrant, except in cases of serious risks to public order. He also invited them to report any difficulties encountered in applying these directives.
By strengthening control over the issuance of committal warrants, the Ministry of Justice hopes to mitigate the consequences of prison overcrowding which weighs heavily on the prison system, particularly in terms of food and care of prisoners.
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