SENEGAL LEGAL SYSTEM

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COURT VISITS
I've been teaching English to some court people so they invited me to see some trials. I even got a great lunch with them. Much is the same, some different from US (or movies & TV).

Last year juries were eliminated: they are seen as too unreliable, emotional, or going by prejudices. There are 3 judges; prosecutor and clerk are to their side. All these wear red robes (because it is a court for major crimes) with black band at sleeves, and jabot-like white piece down front. Chief judge, prosecutor, & clerk also had sash with white fur and black spots.

Clerk takes notes by hand. Defense attorney was in 2nd row, behind witnesses, me & others. He came forward for questions. He wears a black robe with the same jabot as the bailiff. Trials finish in a few hours, even if they must go late (I heard of one until 1 AM).

One case was manslaughter, in domestic violence, using a large pestle, the size of a baseball bat. At first I was outraged that the defense claimed he was provoked: she was disobedient. He explained that in HIS world he must correct her. He
Defense attorney
was careful to say modern people do not think this way. Her mother was also blamed for counseling defiance. After feeling disgusted I saw some validity to his arguments. Gotta walk a few miles in his shoes.... While perhaps misguided, there is a strong belief in roles men and women in society and the family. Correction of women, their submission, the expectations of men are very strongly ingrained. This is an uneducated peasant who always assumed male dominance. The closing statement mentioned that his children are being raised by the maternal grandmother who will probably bad-mouth him, so he may never be able to have a relationship with them. He may have to exile himself since life in his village will be intolerable. With no education, no financial resources, and no ties to any other community his prospects are indeed dim. He got the minimum sentece: 4 years of hard labor.

Another trial was a Nigerian in drug trafficking. They are the main ones here for that crime. He swallowed 51 covered balls with cocaine, saying he did not know what it was or the person who told him to do it. Judges kept asking about his being only
Court room
child, low education, poverty. Defense asked for clemency since he is not major trafficker. I think his main crime was stupidity and being a pawn of ignorance and poverty. He got 10 years.

One woman on trial was not sure if she was born in 1983 or 1984. Never went to school. Her father left to work in Guinea-Bissau. She had 2 children then her husband left, and she thinks that's where he went too, but he never said. She had not heard from him in 3 years. She got pregnant from an affair and was so ashamed she never told anyone and did not think they knew it. One night she went to the bathroom and felt something fall from her "stomach"; with her flashlight all she saw was a lot of blood. The child fell in the latrine (septic tank) so she was on trial for its death. She never saw it, did not know its gender; it never cried; no one heard anything. She said the placenta also fell and there was no umbilical cord cut. Her sentence: 5 years.

Sure makes my life seem cushy, predictable, priviledged. Blessed.

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