Assistance judiciaire : 2,5 milliards F CFA de dettes, les avocats commis d’office tirent la sonnette d’alarme
For three years, the Senegalese government has not provided funding for legal aid, leaving court-appointed lawyers unpaid. As a result, an essential public service is floundering, and many impoverished defendants are seeing their criminal trials continually postponed due to a lack of available lawyers, L'Observateur reported in its Friday edition.
According to the daily newspaper of the Future Media Group, the repercussions for those facing trial are severe. Some, like Hamath D., who was prosecuted for rape, are subjected to lengthy pretrial detentions without trial. His relatives denounce a justice system that has become "a business for the rich."
Interviewed by the same source, lawyers, discouraged but bound by their oath, provide this service "out of duty" and at their own expense. Without any compensation, many admit to preparing their files in haste due to lack of resources. According to Mr. Ousseynou Gaye, former president of the legal aid office, the state now owes the bar between 2 and 2.5 billion CFA francs. The Bar Association has even had to draw on its own resources to avoid a total blockage.
Non-unionized, the lawyers cannot resort to strike action, but they are issuing multiple warnings. Bar President Aly Fall has initiated steps with the authorities, who each time promise a settlement "as soon as possible," but have not received any response.
For legal practitioners, this situation poses a direct threat to the rule of law. "Wisely distributed justice, delivered as quickly as possible, is a guarantee of democracy," warns Adama Fall. L'Observateur's source calls on the new authorities to treat this issue as a national priority.
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