January, 26 2011, 09:08am EDT
African Union: New Plan for Mixed Court to Try Hissene Habre
Senegal Should Accept AU Commission’s Proposal
ADDIS ABABA
Senegal should accept an African Union Commission plan for Senegal to
try Hissene Habre before a special court with Senegalese and African
judges, human rights groups said today.
The plan will be at the center of discussions at the African Union
summit in Addis Ababa beginning January 30, 2011. It was drawn up in
response to a decision by a West African regional court that Senegal
must try Habre before a special court.
"The African Union has proposed an excellent plan to try Hissene
Habre," said Jacqueline Moudeina, president of the Chadian Association
for the Promotion and Defense of Human Rights. "If Senegal really wants
justice to be done, at long last, it should accept the AU plan."
Habre is accused of thousands of political killings and systematic
torture when he ruled Chad, from 1982 to 1990, before fleeing to
Senegal.
Under the AU plan, presented on January 12 to President Abdoulaye
Wade of Senegal by the AU peace and security commissioner, Amb. Ramtane
Lamamra, an Extraordinary African Chambers would be created within the
Senegalese justice system with the presidents of the trial court and the
appeals court appointed by the African Union. The court would
prosecute the person or persons "who bear the greatest responsibility"
for genocide, crimes against humanity, war crimes and torture committed
in Chad from June 1982 to December 1990 .
On November 18, 2010, the Court of Justice of the Economic Community
of West African States (ECOWAS) said that Habre's trial should be
carried out by "a special ad hoc procedure of an international
character"
One week later, on November 24, international donors met in Dakar and
fully funded the $11.7 million budget for the trial. Senegal's justice
minister said that the donors' meeting was the "completion of the long
process of preparation leading up to the actual start of trial" and that
Senegal would discuss with the AU how to respond to the ECOWAS
decision.
President Wade then backtracked on December 10 and invoked the ECOWAS
decision in announcing that he had "had enough" of the Habre case and
was "returning" it to the African Union.
On January 12, 2011, in response President Wade's statement, the
United Nations Committee against Torture wrote to Senegal to remind it
of its "obligation" to prosecute Habre or to extradite him to Belgium,
which requested him for trial in 2005. (see CAT's letter here)
In a communique on January 19, President Wade said that Habre
should be tried in Africa, and evoked the possibility of sending Habre
back to Chad for trial. Chad's president, Idriss Deby, has said on
several recent occasions that he was ready to hold the trial in Chad.
The human rights groups expressed concern that Habre would not get a
fair trial in Chad and worry that he could be mistreated or subject to
the death penalty. A Chadian court in August 2008 sentenced Habre to death, in absentia, for his alleged participation in a rebellion to overthrow President Deby.
"There is no way Habre could get a fair trial in Chad," said Dobian
Assingar, honorary president of the Chadian League for Human Rights and
representative of the International Federation of Human Rights (FIDH).
"The courts in Chad are under the thumb of the executive."
"Senegal's credibility in the fight against impunity is on the line
in the Habre case. It can't both challenge the prosecution of abusive
African leaders by international courts and fail to fulfil its own
international obligations" said Alioune Tine, President of the African
Assembly for the Defense of Human Rights (RADDHO).
The groups - Human Rights Watch, FIDH, ATPDH, RADDHO - said that they
still believed that Habre's extradition to face trial in Belgium would
be the most efficient and timely option for ensuring that he is able to
respond to the charges against him with all the guarantees of a fair
trial.
Habre was first indicted in Senegal in 2000, before Senegalese 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 Habre
with crimes against humanity, war crimes and torture and requested his
extradition.
Senegal then asked the African Union to recommend a course of action.
On July 2, 2006, the African Union called on Senegal to prosecute Habre
"on behalf of Africa," and President Abdoulaye Wade declared that
Senegal would do so. He had refused to proceed for several years,
however, until Senegal was provided with money to finance the trial.
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