Rédaction Africa Links 24 with pierre Dieme
Published on 2024-03-04 22:09:00
The statement of reasons for the amnesty bill raises several concerns in terms of legal principles and potential consequences.
1. Lack of individual responsibility: The bill grants an automatic amnesty without evaluating the individual responsibility of the offenders. This contradicts the fundamental principle of justice that requires each individual to be held accountable for their actions, thereby undermining the notion of personal responsibility.
2. Violation of the principle of equality before the law: The amnesty applies in a generalized manner, without distinguishing between offenders. This creates inequality by treating various criminal and correctional acts the same way, violating the principle of equality before the law that requires equal justice for all.
3. Downplaying of crimes committed: By granting amnesty for all acts related to political demonstrations over an extended period, the bill risks downplaying the seriousness of the criminal acts committed. Such a broad approach can weaken the deterrent message of the law, thereby compromising the effectiveness of criminal sanctions.
4. Impact on victims: Article 3 emphasizes that the amnesty does not prejudice the rights of third parties, but by offering a generalized amnesty, the bill risks neglecting the rights of victims to reparation and individual justice, thereby compromising trust in the judicial system.
5. Threat to the rule of law: By erasing the penalties and legal consequences related to offenses, the bill may compromise the integrity of the legal system, creating a precedent that could weaken the rule of law. Furthermore, the ban on recalling these convictions in judicial records raises concerns about transparency and access to information, thus threatening the rule of law.
In conclusion, the amnesty bill raises significant legal and ethical concerns regarding individual responsibility, equality before the law, the seriousness of crimes, victims’ rights, and the rule of law. It is important to carefully consider these concerns and potential consequences before proceeding with the implementation of the bill.
Read the original article(French) on Dakar Matin
