DOC. ASSEMBLY / AU /3 (VII)
August 2, 2006

Assembly/AU/Dec.127 (VII)

The Assembly:

1.  REFERRING to its Decision Assembly/AU/Dec.103 (VI) taken in Khartoum, The Sudan, in January 2006;

2.  TAKES NOTE of the Report presented by the Committee of Eminent African Jurists appointed in conformity with the above-mentioned Decision;

3.  OBSERVES that, according to the terms of Articles 3 (h), 4 (h) and 4 (o) of the Constitutive Act of the African Union, the crimes of which Hissène Habré is accused fall within the competence of the African Union;

4.  CONSIDERING that, in its present state, the African Union has no legal organ competent to try Hissène Habré;

5.  CONSIDERING the jurisdiction of the International Court of Justice in this case, and the ratification by Senegal of the United Nations Convention Against Torture;

i) DECIDES to consider the Hissène Habré Case as falling within the competence of the African Union;

ii) MANDATES the Republic of Senegal to prosecute and ensure that Hissène Habré is tried, on behalf of Africa, by a competent Senegalese court with guarantees for fair trial;

iii) FURTHER MANDATES the Chairperson of the Union, in consultation with the Chairperson of the Commission, to provide Senegal with the necessary assistance for the effective conduct of the trial;

iv) REQUESTS all the Member States to cooperate with the Government of Senegal on this matter;

v) CALLS UPON the International Community to avail its support to the Government of Senegal.