Affaire Pape Cheikh Diallo et Cie : le barreau sénégalais face au « dossier de la honte »
The case involving Pape Cheikh Diallo, Djiby Dramé, and their co-defendants, prosecuted notably for "unnatural acts" and "intentional transmission of HIV," presents Senegalese lawyers with an unprecedented ethical dilemma. According to Les Échos, while the case includes nearly 40 defendants, only eight lawyers—mostly young colleagues—have agreed to represent the defense.
According to the newspaper's investigation, this unusual reluctance within the Senegalese bar, despite fees considered attractive, is explained by a mixture of social pressure, religious considerations and fear of stigmatization.
Several lawyers interviewed by the same source acknowledge that societal perception is a major obstacle. One of the lawyers already involved in the case confided, on condition of anonymity:
"I don't even want people to know I'm involved in this. It's a very sensitive case. You hesitate several times before filing a complaint, and you even have to consult your family before taking the plunge."
In a context where lawyers are often equated with the causes they defend, some fear being labeled "the lawyer for homosexuals" and seeing their personal image or that of their firm tarnished. This apprehension is even stronger for those considering a political career. As one young lawyer explains:
"There is something shameful about it that makes many lawyers not want their names associated with these events."
Beyond social pressure, the religious dimension also influences the choices of some lawyers. A lawyer expected to join the defense stated bluntly:
"I cannot take on this case. Never. When I myself read a passage in the Quran where God says it is the worst of abominations, I cannot accept it."
For him, the proposed fees don't change his decision. He even adds:
"I don't want this money to go to my family. It's money unfit for consumption."
In contrast to these positions, other lawyers reiterate that the right to a defense remains a fundamental principle. A senior member of the bar, with over thirty years of experience, takes a firm stance:
"Even the worst criminal has the right to a lawyer. I swore an oath to defend the widow and the orphan. If someone hires me and pays me accordingly, I will defend them accordingly. That's my job."
Similarly, another piece of advice compares the role of a lawyer to that of a doctor:
"A lawyer defends a case, he doesn't defend a homosexual. It's like a doctor who has a patient in his hands: he can't refuse to treat him because of his status."
Some lawyers have even agreed to represent themselves on principle, sometimes without receiving any fees. One of them explains:
"I formed my own association because I didn't like some of the things that happened at the station that day. But I didn't ask for any fees."
The newspaper's source, however, acknowledges the complexity of the issue and the pressure of public opinion:
"In Senegal, there's a tradition of equating a lawyer with the cause he defends."
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