Réforme de l’article 319 : Samba Thiam favorable à une répression renforcée, mais contre la criminalisation
The president of the National Human Rights Organization (ONDH), Samba Thiam, spoke about the proposed amendment to Article 319 of the Penal Code aimed at clarifying the definition of "acts against nature", toughening sanctions and suppressing apology and propaganda.
Although the guest on RFM's "Grand Jury" this Sunday, February 22, 2026, prefers to wait for the exact content of the text before making a final decision, he nevertheless emphasizes that he is in favor of keeping homosexuality within the correctional field, with harsher penalties, rather than criminalizing it.
“I believe that remaining focused on correctional matters and strengthening enforcement is far more appealing than immediate criminalization,” he argues, noting that previous criminalizations have not prevented the persistence of offenses. “That’s no reason to constantly argue that criminalization is necessary.”
Furthermore, Mr. Thiam explains that "pure and simple criminalization can lead to consequences that call into question a number of principles in the field of Human Rights", specifying that criminalization can be a political choice.
In this regard, the legal expert warns against the procedural effects of a crime under Senegalese criminal law. "Any crime implies a mandatory investigation, and in this case, detention has no limit; there is no fixed time limit, as in correctional matters," he says.
Regarding punishments, he categorically ruled out any return to the death penalty. "There can be no question of the death penalty," he reiterated, referring to Senegal's international commitments.
According to him, the legislator should set "a range" and leave it to the judge to adapt the sentence to the circumstances.
Beyond Article 319 alone, Samba Thiam advocates for a comprehensive and coherent reform of the Penal Code. He regrets the modifications made "in a biased, piecemeal, and emotional manner," especially since a reform commission has already produced in-depth work.
While he expressed support for "strengthening repression," he simultaneously called for a review of the "very broad powers granted to the public prosecutor's office," particularly regarding detention. He supported the idea of a judge of freedoms and detention to balance the prerogatives of the public prosecutor's office.
Regarding potential pressure from landlords, the associate professor is adamant: "I have never had a landlord force me to defend any particular situation in our country. We have not experienced any situation where the landlord tells us: defend homosexuality. No, there are none."
Commentaires (9)
Participer à la Discussion
Règles de la communauté :
💡 Astuce : Utilisez des emojis depuis votre téléphone ou le module emoji ci-dessous. Cliquez sur GIF pour ajouter un GIF animé. Collez un lien X/Twitter, TikTok ou Instagram pour l'afficher automatiquement.