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Azkaraté and other against public prosecutor

Country/Territory
Senegal
Type of court
National - higher court
Date
Oct 9, 2013
Source
UNEP, InforMEA
Court name
Court d'appel de Dakar
Seat of court
Dakar
Judge
Adama Traore
Reference number
N 5424/2013
Language
French
Subject
Sea
Keyword
Liability/compensation Marine pollution Marine pollution (ship-based sources) Marine pollution (dumping at sea) Oil pollution Ecosystem preservation Marine protected areas
Abstract

In this case, the defendants are fishermen whose ship grounded and polluted islands from a national park. Following their rescue, the fishermen were arrested and are charged for the damages caused by the oil spill pollution to the marine ecosystem of the national park.

The public prosecutor sued the fishermen for, among other offences, the pollution of a marine national park and for trespassing in a national park where navigation was forbidden. The judge of the court of appeal held that the facts showed that the defendants were guilty of the offences they were charged with.  He also required them to pay for the damages to the marine ecosystems of the isles and for their restorations. This was the first time that a Senegalese court acknowledged marine ecosystem environmental damages and asked for reparations.

(Contribution:  Mohamed DIEDHIOU, Cheikh Anta Diop University of Dakar )

Full text
Azkaraté c Minister public.pdf