Court of appeal (Senegal)

The Court of appeal of the Senegal is more the jurisdictional high authority of the legal system.

It presents similarities with the French Court of appeal, with which it signed a convention of twinning in 1999.

History

Its competences and its organization were defined by the organic law n° 92-25 of May 30th, 1992, following the removal of the Supreme court, replaced by three specialized bodies.

It is member of the Association of the High jurisdictions of cassation of the countries having shares of it the use of the French (AHJUCAF), created in 2001.

On the international plan, within the framework of the legal actions against the former dictator Chad IEN Hissène Habré, the Court of appeal of Senegal made speak about it by confirming on March 20th, 2001 that the “jurisdictions sénégalaises are inefficient to know acts of torture made by a foreigner apart from the territory whatever the nationality of the victims” .

Organization

With the Seat, the Court of appeal includes/understands a First President, three Presidents of room and at least nine Advisers. With the Parquet floor, it is composed of a Public prosecutor, a First Prosecuting attorney, at least two Prosecuting attorneys and of with more the six Listeners assigned to his service.

The formations of the Court are the joined together Rooms and Rooms. There are three Rooms, composed each one of a President and at least two Cconseillers. The first room judges the penal matter appeals, the second judges the matter appeals civil and commercial and the third is devoted to the appeals on social matters (law the labor and social security).

The joined together Rooms include/understand the Presidents of each room and the Advisers. They sit of odd number.

It publishes a periodical, the Bulletin of the stops of the Court of appeal , which the first number left in September 1995.

Competences

The Court of appeal has a role of regulating of right. It sanctions the violations of the rule, but it does not belong to him of rejuger a business. When it is seized by an appeal, it appreciates the legality of the judgments and the judgments delivered in last spring by the courses and the courts and then hands down judgments of rejection or cassation, forfeiture or inadmissibility.

No recourse is possible, except in the event of material error or of procedure, having affected the solution given to the business and nonascribable to the interested part.

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