AMNESTY INTERNATIONAL REPORT 2016/17

Amendments to the Code of Criminal
Procedure violated the right to personal
liberty by extending to 12 days the period
that people can be detained before appearing
before a judge in terrorism-related cases. The
amendments also undermined the right to
fair trial by failing to provide that people
should have access to a lawyer as soon as
they are deprived of their liberty.
At least 30 people were in detention for
terrorism-related offences. Several detainees
raised concerns about the conditions of their
arrest and detention. For example, Imam
Ndao, who remained in pre-trial detention
throughout the year on various charges
including “acts of terrorism” and “glorifying
terrorism”, was only allowed out of his cell for
30 minutes a day.
PRISON CONDITIONS AND
DEATHS IN CUSTODY
Prisons remained overcrowded. Some 2,090
people were held in Rebeuss Prison in Dakar,
which has a maximum capacity of 1,600.
At least six people died in custody in 2016,
including a prison guard who was shot during
a mutiny at Rebeuss Prison in September.
Forty-one others were wounded, including 14
prison guards.
IMPUNITY
After protracted legal proceedings, there were
breakthroughs in four cases of unlawful
killings by the security forces. However, no
commanding officers were held to account
for failing to prevent excessive use of force
and no one was brought to justice for the
dozens of other cases of torture, unlawful
killings and deaths in custody since 2007.
In January, the driver of the police vehicle
that killed student Mamadou Diop during a
peaceful pre-election demonstration in 2012
was sentenced to two years’ imprisonment
and fined for “assault causing death” and
“intentional assault and battery.” The codriver
was sentenced to three months’
imprisonment for “failure to prevent a crime
against physical integrity”. The court also
ordered the two policemen to pay damages to
Mamadou Diop’s relatives.
In June, a policeman who shot Bassirou
Faye during a peaceful demonstration at the
University Cheikh Anta Diop in Dakar in
August 2014 was found guilty of murder and
sentenced to 20 years’ hard labour and
ordered to pay damages to Bassirou Faye’s
family.
In June, a policeman was sentenced to
two years’ imprisonment in connection with
the killing of Ndiaga Ndiaye, also known as
Matar Ndiaye, who died after being shot in
the leg during a police operation in 2015.
In July, four policemen were convicted of
the killing of Ibrahima Samb in 2013 and
sentenced to 10 years’ hard labour. Ibrahima
Samb suffocated after the officers locked him
in the trunk of a car for over 16 hours.
DISCRIMINATION –
SEXUAL ORIENTATION
At least seven men and one woman were
detained in relation to their perceived sexual
orientation.
In January, the Dakar Court of Appeal
acquitted seven men of “acts against
nature.” They had been arrested in July 2015
and sentenced in August 2015 to 18 months’
imprisonment with 12 months suspended.
CHILDREN’S RIGHTS
In July, the government launched an
operation to remove children from the streets.
However, the authorities continued to fail to
fully implement laws criminalizing child
exploitation and abuse, with few cases
investigated or prosecuted.
SERBIA
Republic of Serbia, including Kosovo
Head of state: Tomislav Nikolić
Head of government: Aleksandar Vučić
Pro-government media continued to smear
independent journalists and human rights
defenders, as well as the Ombudsperson’s
Office. Prosecutions of crimes under
international law committed during the
armed conflict in the 1990s remained
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