In a complex development for LGBTQ+ rights in Senegal, a court has ordered the release of 28 men who were part of a group of 99 arrested on charges including homosexuality. However, their freedom is not yet guaranteed, as the Public Prosecutor's Office has immediately appealed the decision, effectively suspending their release.
The ruling, delivered on August 7 by a judge in the Pikine-Guédiawaye district near Dakar, saw charges dismissed against the 28 individuals due to a lack of evidence for 23 of them and expired statutes of limitations for the remaining five. For the 71 men still in pre-trial detention, the situation remains dire. While several serious charges like money laundering and willful transmission of HIV were provisionally dropped, they still face prosecution for “unnatural acts” and “criminal conspiracy.”
High Stakes and Harsh Laws
The legal landscape for queer people in Senegal has become increasingly hostile. A law passed on March 30, 2026, dramatically increased the penalties for same-sex relations, with prison sentences now ranging from five to ten years and fines up to €15,000. This is a crushing sum in a country where the median monthly wage is just over €130.
A conviction also carries severe civil consequences, including the loss of the right to vote, hold public office, or serve as a guardian.
Some of the men, including well-known television host Pape Cheikh Diallo, were arrested before the new law took effect. They will be tried under the previous statute, which carried sentences of one to five years. However, the charge of “criminal conspiracy” remains a significant threat for all 71 men, as it carries a potential sentence of 10 to 20 years in prison, regardless of when the arrest took place.
An Uncertain Future
The prosecutor's appeal against the release of the 28 men will now be reviewed by the Dakar Court of Appeals. This move underscores the intense legal and social pressure against the LGBTQ+ community in the West African nation. While the court's decision to dismiss cases for lack of evidence is a small victory for justice, the immediate appeal and the continued detention of 71 others highlight the precarious and dangerous reality for queer people in Senegal.
