Pape Cheikh Diallo case sparks debate on unlocking phones for police in Senegal

The case involved the dismantling of a network by the Keur Massar Research Brigade, with seized phones reportedly playing a central role in gathering evidence for alleged acts of homosexuality, voluntary HIV/AIDS transmission, and other offenses. The core of the debate pits the right against self-incrimination against the investigative powers of judicial authorities. In March 2026, lawyer Me Souleymane Soumaré stated on Facebook that "No one is obliged to unlock their phone when summoned by the police or gendarmerie," arguing that individuals cannot be forced to provide information that could compromise their defense.

Some jurists even suggest that citizens are not required to bring their phones to summons, asserting that the burden of proof lies with the public prosecutor or investigating judge. However, other legal practitioners offer a different interpretation of the Code of Criminal Procedure. Clerk Me Tanor Diamé cites articles 90-5 and 90-6, which allow judges to request qualified individuals to access, extract, or copy computer data, and state that useful data can be copied, sealed, and exploited independently of the device.

Diamé argues that advising someone not to bring their phone demonstrates a misunderstanding of digital evidence, as the proof lies in the data, not the physi