Decision On The Hissene Habre Case And The African Union Doc. Assembly/Au/3 (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;
   1. Decidesto consider the Hissène Habré Case as falling within the competence of the African Union;
   2. 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;
   3. 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;
   4. Requests all the Member States to cooperate with the Government of Senegal on this matter;
   5. Calls Upon the International Community to avail its support to the Government of Senegal.