Senegal: Agreement on Habré Court
|Publisher||Human Rights Watch|
|Publication Date||24 July 2012|
|Cite as||Human Rights Watch, Senegal: Agreement on Habré Court, 24 July 2012, available at: http://www.refworld.org/docid/501250ff2.html [accessed 28 February 2015]|
Habré is accused of thousands of political killings and systematic torture when he ruled Chad, from 1982 to 1990. Habréhas been living in exile in Senegal for more than 21 years but has yet to face justice there.On July 20, the International Court of Justice (ICJ) ruled that Senegal must prosecute Habré"without further delay" if it does not extradite him.
"After so many years of effort and so many disappointments, this agreement could finally give Hissène Habré's victims their day in court," said Reed Brody, counsel for Human Rights Watch, who has worked with the victims for 13 years. "The political will seems to be there in Senegal, and the World Court decision means there can be no turning back, but we are not there yet. Senegal should begin proceedings quickly, before more survivors die."
After four days of talks in Dakar, between July 20 and 24, Senegal agreed to an African Union (AU) plan to try Habré before a special court in the Senegalese justice systemwith African judgesappointed by the AU presiding over his trial. Senegal's president, Macky Sall, has said he wants proceedings against Habré to begin by the end of the year, and the parties agreed to a road map that would have the court operational by year's end.
The International Committee for the Fair Trial of Hissène Habré – which comprises the Chadian Association for the Promotion and Defense of Human Rights (ATPDH), the Association of Victims of Crimes of the Regime of Hissène Habré (AVCRHH), the African Assembly for the Defense of Human Rights (RADDHO), Human Rights Watch, and the International Federation of Human Rights (FIDH), among others – said that Senegal's decision, after the World Court ruling, was another important victory for Habré's victims.
"Senegal made history in 1999 as the first country to join the International Criminal Court, and it could make history again by being the first country to prosecute the human rights crimes of a foreign leader," said Alioune Tine, president of the Dakar-based RADDHO. "The Senegalese government is demonstrating its resolve to fight impunity at the highest levels."
The new agreement calls for "Extraordinary African Chambers" to be created inside the existing Senegalese court structure in Dakar. The chambers' mandate will be to prosecute the person or persons most responsible for atrocity crimes committed in Chad between 1982 and 1990. The chambers will have sections to handle investigations, trials, and appeals, and will consist of Senegalese and other African judges.
The coalition – which has been pressing for Habré's extradition to Belgium as the fastest way to achieve justice – called on Senegal to set up the new court swiftly and start proceedings against Habré as soon as possible. Senegal still needs parliamentary approval for the plan and has said it will seek international funding for the court.
The coalition called for the establishment of a strong management committee – comprised of Senegal, the AU, and donor countries – to ensure sound financial management of the court's budget, to supervise training of judicial staff and to oversee outreach to the Chadian public, and to provide technical assistance where necessary.
The coalitionalso said Senegal should move quickly to incorporate the results of Belgian and Chadian investigations into Habré's crimes instead of starting from scratch.
A Belgian judge and his team spent nearly four years investigating Habré's crimes before indicting him on charges of crimes against humanity, war crimes, and torture in 2005, leading Belgium to request his extradition from Senegal. A 1992 National Truth Commission in Chad accused Habré's government of systemic torture and up to 40,000 political assassinations.
The draft statute for the new court also allows Senegalese prosecutors to go after "the most serious" of Habré's crimes rather than charging him with all the acts of which he is accused. The measure is aimed at ensuring that the trial is manageable and does not drag on for years.
"If Senegal is committed to providing justice to the victims, it should completethe investigations and bring Habré to a fair trial as quickly as possible," said Jacqueline Moudeïna, lawyer for Habré's victims and coordinator of the International Committee. "Senegal should also ensure that Habré's victims can participate fully in his trial and should take steps to make the trial meaningful to people back in Chad."
The draft statute allows victims to participate as civil parties in the trial. It also provides for trial proceedings to be recorded for broadcast in Chad and for public access to the trial by journalists and non-governmental organizations.