Senegal’s Constitutional Council has declared the first article of Law No. 08/2025 unconstitutional, blocking efforts to limit the scope of a previous amnesty law passed in March 2024.
The law aimed to exclude from amnesty any acts tied to political demonstrations deemed unrelated to public freedoms or democratic rights.
In its ruling (No. 1/C/2025), the Council found that the law introduced a new punitive measure, violating Article 9 of the Constitution which forbids the retroactive application of harsher criminal laws.
The Council also emphasized that the legislation breached Senegal’s international obligations, including the African Charter on Human and Peoples’ Rights, by attempting to amnesty crimes that are imprescriptible under international law, such as torture and inhuman treatment.
The ruling followed a constitutional appeal filed by 24 MPs who argued the law was discriminatory.
The Council’s decision, which is final and will be published in the Official Journal, is seen as a significant setback for the government and a victory for those opposing attempts to dilute the broad amnesty granted during recent political unrest.
