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I. Introduction and Recommendations
Sixteen years after former Chadian President Hissène Habré fled to Senegal, the victims of his brutal regime are still waiting for justice. Habré has twice been indicted for crimes against humanity—in Senegal and Belgium—and has been twice arrested but released, so the victims still await their day in court.
Hissène Habré was first indicted in Senegal in 2000, but courts ruled that he could not be tried there. His victims then turned to Belgium and, after a four-year investigation, a Belgian judge in September 2005 issued an international arrest warrant charging Habré with crimes against humanity, war crimes, and torture committed during his 1982-90 rule. Pursuant to a Belgian extradition request, Senegalese authorities arrested Habré in November 2005. When a Senegalese court refused to rule on the extradition request, the Senegalese government announced that it had asked the African Union (AU) to recommend “the competent jurisdiction” to try Habré. On July 2, 2006, the AU, following the recommendation of an African Union Committee of Eminent African Jurists and a ruling by the United Nations Committee Against Torture, called on Senegal to prosecute Hissène Habré “on behalf of Africa,” and Senegalese President Abdoulaye Wade declared that his country would do so.
President Wade’s agreement to try Hissène Habré was a turning point in the long campaign to bring him to justice. Senegal has also announced the establishment of a commission to prepare Habré’s trial. However, six months have passed since President Wade’s agreement without substantial progress. And the challenges lying ahead should not be underestimated. In particular, Senegal is now faced with the complex and costly task of investigating and prosecuting massive crimes committed many years ago in another country. In addition, Hissène Habré’s supporters in Senegal form a powerful pressure group trying to block justice.
This briefing paper makes the following recommendations to the Government of Senegal, and to other relevant actors, to assist Senegal in what will hopefully be the first trial before the national courts of one African country for serious international crimes committed in another.
To Senegal
Maintain the required legal measures to ensure that Hissène Habré does not leave the country.
Amend national law to include crimes against humanity, war crimes, torture, and genocide, and to provide universal jurisdiction over these crimes.
Begin an investigation against Hissène Habré for crimes against humanity, war crimes, and torture.
Seek material and technical support from international partners and donors to conduct the investigation and trial of Hissène Habré.
Create a special unit to investigate serious international crimes, and seek training for police and judicial personnel in proving international crimes.
Formally request the assistance of Belgium, particularly the results of the four-year Belgian investigation into Habré’s alleged crimes.
Take the necessary measures to ensure the safety of victims, witnesses, and all others involved in the Habré case.
Ensure the accessibility of the Habré trial to the Chadian people.
To the African Union
Name a special envoy or coordinator for the investigation and trial of Hissène Habré. This person could be charged with following through on the African Union’s promise of support to Senegal, and with helping Senegal obtain support from elsewhere, while insisting on the need for measurable political commitment from Senegal.
Assist Senegal in obtaining the resources to investigate and prosecute Hissène Habré.
To Chad
Cooperate fully with Senegal throughout the investigation and trial.
Take the necessary measures to ensure the safety of victims, witnesses, and their family members.
Ensure the accessibility of the Habré trial to the Chadian people by promoting radio and televised broadcasts in Chad throughout the proceedings.
To Belgium
Cooperate fully with Senegal throughout the investigation and trial, especially by making available the results of its four-year investigation into the alleged crimes of Hissène Habré.
Maintain readiness to seek a ruling from the International Court of Justice if Senegal fails to meet its legal commitments.
To International Partners and Donors
Signal to Senegal the international interest in the Hissène Habré case.
Support Senegal in the complex and costly task of investigating and prosecuting serious international crimes, though financial assistance and training, while insisting on the need for measurable political commitment from Senegal.
To the United Nations Committee Against Torture
Monitor Senegal’s implementation of its recommendation that Senegal bring Hissène Habré to justice.
January 2007
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