The Senegalese bar facing the “file of shame”
A case involving defendants
prosecuted, among other charges, for “unnatural acts” and the alleged intentional transmission of HIV has placed Senegalese lawyers in an unprecedented ethical dilemma. According to
Les Échos, although the case involves nearly 40 defendants, only eight lawyers — mostly younger practitioners — have agreed to take it on.
The newspaper’s investigation suggests that this reluctance, despite reportedly attractive fees, reflects a combination of social pressure, religious beliefs, and fear of stigma.
Several lawyers interviewed acknowledged that public perception is a major deterrent. One of those already involved in the defence, speaking anonymously, said:
“I don’t even want people to know I’m working on this case. It’s extremely sensitive. You hesitate more than once before taking it on, and you even feel the need to consult your family first.”
In a context where lawyers are often associated with the clients they represent, some fear being labelled “the lawyer of goordjiguenes” (a derogatory term referring to homosexuals), potentially damaging both their personal reputation and that of their firm. This concern is particularly acute for those with political ambitions. As one young lawyer put it:
“There is something seen as shameful about this case that makes many lawyers reluctant to have their names linked to it.”
Religious considerations also weigh heavily for some. One lawyer who declined to join the defence explained:
“I cannot take this case. Never. When I read passages in the Qur’an describing this as among the worst of abominations, I cannot accept it.”
For him, financial incentives are irrelevant:
“I don’t want that money to benefit my family. It’s not money I could accept in good conscience.”
Others within the legal profession, however, stress that the right to a defence is a fundamental principle. A senior member of the bar, with more than thirty years’ experience, was unequivocal:
“Even the worst criminal has the right to a lawyer. I took an oath to defend those in need. If someone hires me and pays me, I defend them. That is my duty.”
Another lawyer drew a comparison with the medical profession:
“A lawyer defends a case, not a ‘goordjiguène’. It’s like a doctor treating a patient — you don’t refuse care because of who they are.”
Some lawyers have agreed to act on principle, in certain cases without charging fees. One explained:
“I stepped in because I was troubled by what happened at the police station that day. But I did not ask to be paid.”
Even so, the pressures surrounding the case remain intense. As one lawyer observed:
“In Senegal, people tend to equate the lawyer with the cause they defend.”
