Prosecuting International Crimes in Africa - PULP - University of ...

The trial of Hissène Habré in Senegal 187
The CEAJ consequently recommended that there should be preference
given to an African solution to the matter and that Senegal was the most
suitable country to hold the trial, although an ad hoc tribunal could also be
established. 14 The AU accordingly called on Senegal to prosecute and
ensure that Hissène Habré be tried ‘on behalf of Africa’, by a competent
Senegalese court with guarantees for fair trial. 15 Following the AU
decision, Senegal took legislative measures incorporating the provisions of
CAT into is domestic legal order.
Although Senegal is yet to obtain the financial assistance it requested
from the community of international donors for the organisation of the
trial, the above mentioned development represents a sign of hope for the
Habré victims who have been pressing for his trial. In fact, the trial of
Hissène Habré in Senegal will be a trial of particular relevance in the
evolution of international law and the fight against impunity for egregious
human rights violations in that it will be the first time a former African
head of state will be prosecuted by a foreign African domestic jurisdiction
for serious human rights violations committed while in power.
Before analysing the particular relevance in international law of the
trial of Hissène Habré in Senegal, this chapter in the first place provides the
background of the Habré case by examining the Hissène Habré’s human
rights legacy and discusses the Belgium extradition request as well as the
role played by CAT in the case.
2 Hissène Habré’s human rights legacy
Hissène Habré was deposed in 1990 after an eight-year-rule. During the
eight years of his presidency, the Chadian administration was notorious
for its poor human rights record. After Hissène Habré’s downfall in 1990,
the Chadian government established a National Commission of Inquiry 16
tasked with the investigation of illegal detentions, assassinations, ‘acts of
barbarity’ as well as any other human rights violations committed during
Habré’s tenure as president. 17
Despite the enormous difficulties faced by the Commission of
14 Report of the Committee of Eminent African Jurists on the Case of Hissene Habré
http://199.173.149.120/justice/habre/CEJA_Repor0506.pdf (accessed 4 March
2010).
15 Decision on the Hissene Habré case and the African Union, Assembly/AU/Dec 127
(VII).
16 Decree 014/P CE CJ/90 (29 December 1990) creating the ‘Commission d’enquete sur les
crimes et détournements commis par l’ex- president, ses co-auteurs et/ ou complices’.
17 As above, art 2.