Practice Relating to Rule 158. Prosecution of War Crimes
In 2011, in its third periodic report to the Committee against Torture, Senegal stated:
I. Information on new measures and new developments relating to the implementation of the  Convention [against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment]
Article 2 of the Convention
93. New legislative measures have been adopted to strengthen the law in this respect:
- Act No. 2007-02 of 12 February 2007 incorporated articles 431-1, 431-2, 431-3, 431-4 and 431-5 [on the crime of genocide, crimes against humanity, war crimes and other crimes under international law] into the [1965 Penal] Code. These articles deal with the crime of genocide, crimes against humanity, war crimes and other crimes under international law, such as those covered by the Hague Conventions of 1954, 1976 and 1980, which had not previously been specified in the Code.
Article 5 of the Convention
Paragraph 1 (a)
106. Senegalese criminal law incorporates the principle of territoriality. Article 668 of the  Code of Criminal Procedure states that: “Any offence, whereof an act forming one of its constituent parts has been performed in Senegal, shall be deemed to have been committed in the territory of the Republic.” By the same token, any offence committed in Senegalese territory is punishable, regardless of its gravity or of the nationality of the perpetrator or of the victim. In all such cases the Senegalese criminal courts retain jurisdiction.
107. The country’s territorial jurisdiction encompasses the land area within its borders, the continental shelf, its territorial sea and air space.
108. In accordance with article 5 of the Convention, this jurisdiction also extends to offences committed on board a vessel flying the Senegalese flag and on board aircraft registered in Senegal.
Paragraph 1 (b)
109. The Senegalese [Penal] Code enshrines the active personality principle referred to in article 5 of the Convention, whereby domestic courts are competent to try cases in which the alleged offender is a Senegalese national.
110. Article 664 of the Code of Criminal Procedure stipulates that: “Any citizen of Senegal who has committed an act outside of the national territory which is a crime under Senegalese law may be tried by Senegalese courts.
111. Any citizen of Senegal who has committed an act outside of the national territory which is an offence under Senegalese law may be tried by Senegalese courts if the act is punishable by law in the State in which it was committed.”
Paragraph 1 (c)
112. The recent adoption of Act No. 2008-23 of 25 July 2008, whereby article 664 bis was incorporated into the Code of Criminal Procedure, has made it possible to establish jurisdiction based on the passive personality principle.
113. This article stipulates that: “Any citizen of Senegal who has become the victim of a crime or an offence outside of Senegalese territory may appeal to the Senegalese courts if the acts have not led to a definitive judgement on the merits.”
114. By adopting Act No. 2007-05 of 12 February 2007, which amends the Code of Criminal Procedure, the State of Senegal has taken the necessary measures to establish the competency of the Senegalese criminal courts to try all acts of torture in cases where the alleged offenders are present in Senegalese territory if no order for their extradition has been issued.
115. In line with this law, any foreigner who has been accused of committing or aiding in the commission of any of the crimes mentioned in article 295-1 of the [Penal] Code outside Senegalese territory may be tried under Senegalese law or laws applicable in Senegal if he or she is under Senegalese jurisdiction or if one of the victims resides in the territory of Senegal, or if the Government secures the alleged offender’s extradition.
II. Implementation of the conclusions and recommendations of the Committee
A. Compliance with the Committee’s conclusions and recommendations
- The Committee notes that the conflict in Casamance sometimes impedes effective implementation of the Convention
187. The comprehensive peace agreement of 30 December 2004 concluded between the Government of Senegal and the Movement of Democratic Forces of Casamance has dramatically improved the situation despite the sporadic but regrettable acts of violence committed by isolated armed gangs and the number of anti-personnel landmine victims. …
194. In the context of these developments, which are underpinned by a steadfast political commitment to combat acts of torture and impunity, Senegal fully endorses the Committee’s statement that: “A democracy must, whatever the circumstances, ensure that only legitimate means are used to protect the security of the State, peace and stability.”
B. Compliance with the Committee’s decision concerning communication No. 181/2001
Legislative reforms (see the first part of the present report for details)
270. Various pieces of legislation have been passed which amend, introduce and repeal certain provisions of the [Penal] Code and the Code of Criminal Procedure.
271. Act No. 2007-02 of 12 February 2007 incorporated articles 431-1, 431-2, 431-3, 431-4 and 431-5 into our [Penal] Code. These articles deal with genocide, crimes against humanity, war crimes and other crimes under international law, such as those mentioned in the Hague Conventions of 1954, 1976 and 1980, which had not previously been specified in the Code.
273. Article 669 of the Code of Criminal Procedure has been amended to read as follows: “Any foreign national who, outside the territory of Senegal, is accused of perpetrating or acting as an accomplice to one of the crimes mentioned in articles 431-1 to 431-5 or a crime or offence mentioned in articles 279-1 to 279-3 or 295 of the [Penal] Code may be tried under Senegalese law or laws applying in Senegal, or if the Government secures that person’s extradition.”
274. Article 664 bis was added to title 12 of the fourth book of the Code of Criminal Procedure and is worded [a]s follows: “The domestic courts are competent to try any crime or offence punishable under Senegalese law that was committed outside the territory of the Republic, whether by a Senegalese or a foreign national, if the victim was a Senegalese national at the time that the crime or offence in question was committed.”