Chad
UN asks Senegal to hold ex-Chad dictator

afrol News, 24 April - The United Nations Committee against Torture has called on Senegal not to allow Chad's exiled former president, Hissène Habré, to leave the country, the lawyer for his victims revealed yesterday. Human rights groups call it "a victory for Hissène Habré's victims".

In February 2000, Hissène Habré was indicted on torture charges, but Senegal's highest court ruled last month that Habré could not stand trial because his alleged crimes were not committed in Senegal. 

Habré's victims immediately announced that they would seek Habré's extradition to Belgium, where a criminal investigation against Habré is also underway. The victims also filed a petition with the UN Committee against Torture, urging that Senegal be requested to prosecute or extradite Habré as required by the UN Torture Convention. 

On 7 April, however, Senegal's President Abdoulaye Wade announced that he had asked Habré to leave Senegal. The victims feared that Habré would move to a country out of reach of an extradition request or a final UN ruling and asked the Committee to issue an interim ruling to preserve their ability to bring him to justice. 

The Committee now responded by asking Senegal "not to expel Mr. Hissène Habré and to take all necessary measures to prevent Mr. Hisséne Habré from leaving Senegalese territory except pursuant to an extradition procedure." 

- This ruling is a great victory for Habré's thousands of victims, said Reed Brody, Advocacy Director of Human Rights Watch, the lawyer who represents the victims before the U.N. Committee against Torture. "Hissène Habré is not just an undesirable to be expelled, he is an accused torturer who should be brought to justice. The day when Habré will have to answer for his crimes is fast approaching." 

The United Nations Committee against Torture is composed of 10 experts elected by the 123 states which have ratified the Torture Convention. States usually comply with its decisions, and Senegal is expected to do so. President Wade has in the past said that he had no objection to a trial of Habré in another country. 

- This decision is based on the principle that Senegal is obliged to prosecute or extradite alleged torturers like Hissène Habré, said the Senegalese lawyer, Sidiki Kaba, who is the president of the International Federation of Human Rights Leagues (FIDH). 

- I don't think Senegal will ignore this ruling and let Habré escape justice, said Alioune Tine of the Dakar-based African Assembly for the Defense of Human Rights (RADDHO). 

The Chadian victims at the center of the case were jubilant. "The United Nations has heard our pleas," said Suleymane Guengueng, 49, who almost died of dengue fever during two years of mistreatment in Chadian prisons, before helping to found the Chadian Association of Victims of Political Repression and Crime (AVCRP). "If Senegal will not put Habré on trial for his atrocities, it must at least hand him over to a country that will." 

The petition to the United Nations was brought by the same seven Chadian victims who had filed the criminal case in Dakar. In January 2000, the victims provided a Senegalese court with details of 97 cases of political killings, 142 cases of torture and 100 cases of "disappearance" committed by Habré 's forces during his 1982-1990 rule. 

In February 2000, Senegalese Judge Demba Kandji indicted Habré on torture charges, and placed him under house arrest. On July 4, 2000, the Court of Appeals dismissed the charges against Habré, ruling that Senegal had not enacted legislation to implement the Torture Convention and therefore had no jurisdiction to pursue crimes not committed in Senegal. That decision was upheld on March 20 by the Cour de Cassation, Senegal's court of final appeals. 

Habré, now 58, took power in Chad in 1982. Habré's one-party regime, supported by the United States and France, was marked by widespread abuse and campaigns against the ethnic Sara (1984), Hadjerai (1987) and the Zaghawa (1989). Habré was deposed in December 1990 and has lived in Senegal since. A truth commission accused Habre's government of 40,000 murders and systematic torture. 

The victims' case is also backed by the Chadian Association for Human Rights (ATPDH), the Chadian League for Human Rights (LTDH), the National Organization for Human Rights (Senegal), the London-based Interights, and the French organization Agir Ensemble pour les droits de l'homme. 

Brody of Human Rights Watch also announced that the organizations have written to other governments, advising them that Habré's victims will seek to bring him to justice wherever he goes. 

Source: Human Rights Watch and afrol archives

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