• Senegal plans to digitize its judicial system under its “New Deal technologique” strategy to improve efficiency and access.

• Judicial leaders support modernization but warn against risks to equity, ethics and human judgment.

• Internet penetration reached 60.6% in 2023, raising concerns about unequal access to digital justice services.

President Bassirou Diomaye Faye reiterated last week the role of digital technology in building a more modern and efficient judicial system. Stakeholders acknowledged the potential of digital tools but expressed concerns over the conditions of their deployment.

The head of state spoke on Thursday, January 22, during the ceremonial opening of the judicial year under the theme “The Judge Facing the Digital Challenge.” He said “the State aims to guarantee a sovereign, secure and inclusive digital justice system, in which technological innovation serves as a lever to improve accessibility, equity and efficiency in the judicial system,” according to the Senegalese Press Agency (APS).

President Faye said digital technology could help address persistent challenges faced by magistrates, particularly in time management and compliance with reasonable judgment deadlines. He added that digital tools and artificial intelligence should not undermine judicial independence and impartiality but should instead reinforce them.

Proposed reforms include electronic summons, electronic notifications and electronic signatures, full dematerialization of certain procedures, and online consultation and issuance of judicial documents. Authorities also consider remote hearings, virtual courtrooms and accelerated implementation of the digital justice master plan.

The United Nations Development Programme (UNDP) supports the digitization of Senegal’s justice sector. The organization said digital tools could improve efficiency, transparency and access to justice. “When implemented strategically, digital justice can advance the rule of law and protect human rights while strengthening the effectiveness of judicial systems and institutions,” it said.

Skepticism Among Legal Stakeholders

President Faye acknowledged that digitalization represents both a major challenge and a historic opportunity for the judiciary. He said modernization must remain controlled and centered on the role of judges while preserving the authority and integrity of judicial functions.

Jean-Louis Toupane, prosecutor general at the Supreme Court, warned against the risks of an poorly regulated transition. “Modernization must not create new forms of injustice,” he said. He added that excessive digitization without sufficient human support could worsen inequalities in access to justice. He said digital tools must not distance judges from citizens or reduce judicial decisions to technical formalities.

Bar Association President Aly Fall echoed similar concerns and highlighted the limitations of artificial intelligence. “The quality of a decision cannot depend on a good or bad prompt,” he said. He stressed that judging, prosecuting and investigating remain fundamentally human responsibilities that do not align with purely algorithmic logic.

Challenges and Obstacles

President Faye said the transition would require reforms to multiple legal texts, adjustments to training curricula, revisions of ethical frameworks and stronger cybersecurity culture. He also emphasized the need for continuous and secure connectivity, as well as reliable digital infrastructure and equipment.

Mr. Toupane underscored the importance of ethics, personal data protection, algorithmic transparency and respect for civil liberties.

The digital transition also raises questions about public adoption of dematerialized judicial services. Adoption depends on network coverage, access to internet-enabled devices, affordability of data services and basic digital literacy. The International Telecommunication Union reported Senegal’s internet penetration rate at 60.6% in 2023.

On access issues, the UNDP warned that transferring system costs to users could limit justice access for vulnerable populations unable to pay.

This article was initially published in French by Isaac K. Kassouwi

Adapted in English by Ange J.A. de BERRY QUENUM