UN Special Rapporteur on Torture Calls for Criminal Justice Reforms in Senegal

The UN Special Rapporteur on Torture, Alice Jill Edwards, has described detention conditions in Senegal as “dramatic and inhumane,” while calling for far-reaching criminal justice reforms. According to a statement released by Ms. Edwards, detainees are forced to share cramped sleeping spaces, often confined to bunk beds as low as 40 cm high. Inadequate sanitation and limited access to basic necessities further exacerbate the suffering, heightening risks of riots, violence, and disease outbreaks.

To alleviate immediate pressures, Ms. Edwards recommends several urgent interventions:

  • Sentence Reductions: A 20% reduction in sentences for prisoners serving three years or less.
  • Remand Releases: The release of detainees held in pretrial detention for over a year, except in cases involving serious offenses.
  • Alternative Measures: Expanding the use of electronic tagging to monitor offenders and accelerating the construction of new prison facilities.

These measures aim to reduce the overwhelming prison population and improve conditions while systemic reforms are pursued.

Upholding the African Charter 

These allegations raise serious concerns under the African Charter on Human and Peoples’ Rights (ACHPR), as Senegal is a state party to the Charter and is obligated to uphold its provisions. These allegations rise concerns of that several key articles of the ACHPR are being violated, including:

Right to Dignity (Article 5)

The described detention conditions—overcrowding, lack of sanitation, and exposure to violence—could amount to cruel, inhuman, and degrading treatment, which is explicitly prohibited under Article 5. The UN Special Rapporteur’s findings align with previous jurisprudence of the African Commission on Human and Peoples’ Rights, which has condemned similar prison conditions as violations of Article 5.

Right to Fair Trial (Article 7)

The excessive use of pretrial detention contradicts the right to be tried within a reasonable time or to be released, as guaranteed under Article 7. Detaining individuals for years without trial constitutes a violation of their right to due process and access to justice.

State Responsibility for Human Rights Violations (Article 1)

Under Article 1, Senegal has a duty to “recognize the rights, duties, and freedoms” guaranteed in the Charter and adopt legislative or other measures to give effect to them. Failure to improve prison conditions, reform sentencing policies, and hold perpetrators accountable constitutes a breach of this fundamental obligation.

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