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Former President of Chad to be Extradited or Prosecuted |
21 July 2012by Sükriye Özcan, JTW
Yesterday the International Court of Justice delivered its Judgement in the case concerning the extradition of Hissčne Habré, former President of the Republic of Chad. The proceedings were brought on behalf of Belgium against Senegal for breach of its obligations under the Convention against Torture. In particular, the obligation to prosecute or extradite.
Hissčne Habré was President of the Republic of Chad from 1982 until he was overthrown in December 1990. During his presidency he is alleged to have committed large-scale violations of human rights. After fleeing to Cameroon, he requested political asylum from the Senegalese Government, a request which was granted and where he has been living ever since.
Victims initiated proceedings against Habré before both Senegalese and Belgian courts. The matter was also referred by Chadian nationals to the United Nations Committee against Torture and the African Court on Human and People’s Rights. For its part, Senegal referred the issue of the institution of proceedings against Habré to the African Union.
On 19 September 2005, the Belgian investigating judge issued an international warrant in absentia for the arrest of Habré, indicted for serious violations of international humanitarian law, torture, genocide, crimes against humanity and war crimes. Interpol circulated a “red notice” serving as a request for provisional arrest with a view to extradition.
A Senegalese court ruled that it lacked jurisdiction to decide on the extradition request, and the Senegalese government referred the Habré case to the African Union (AU) for a decision on how Habré should be tried. The AU created a Committee of Eminent African Jurists and, on its recommendation, asked Senegal in July 2006 to prosecute Habré “on behalf of Africa.” Senegal accepted the AU mandate and amended its legislation to give its courts extraterritorial jurisdiction over international crimes but for years raised obstacle after obstacle to Habré’s trial.
The Court found that Senegal must submit the case to its competent authorities for the purpose of prosecution, if it does not extradite Habré. |
21 July 2012
Journal of Turkish Weekly
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