Senegal: Government Amends Constitution to Pave Way for Hissène Habré Trial

July 23, 2008

Prosecutors and Judges Named to Work on Case

(Brussels, July 23, 2008)  – Senegal’s adoption today of a constitutional amendment confirming that Senegalese courts can

40,000 + people killed under Habre

40,000 + people killed under Habre

prosecute past crimes against humanity lifts any legal obstacles to the trial of former Chadian dictator Hissène Habré, Human Rights Watch said today.

Habré is accused of massive crimes during his 1982-1990 rule before he fled to Senegal. In July 2006, the African Union mandated Senegal to “prosecute and ensure that Hissène Habré is tried, on behalf of Africa, by a competent Senegalese court.” Senegal has yet to initiate a prosecution, however.

In February 2007, Senegal passed legislation permitting it to prosecute cases of genocide, crimes against humanity, war crimes and torture, even when they are committed outside of Senegal. Today’s amendment makes clear that the law applies to such crimes even when they were committed before the law was passed.

“Senegal now has one of the world’s strongest laws for prosecuting atrocities,” said Reed Brody, Human Rights Watch’s counsel who works with Habré’s victims. “Now it’s time to get down to the real business and start investigating Habré’s alleged crimes so that, after 18 years, his victims can finally see justice done.”

Also today, Senegal’s justice minister M. Madické Niang, announced that three judges and two prosecutors had been named to work on the Habré case.

Human Rights Watch welcomed the constitutional amendment and the naming of the judges, but pointed out that it has been two years since the African Union mandate was given and more than eight years since Habré was first indicted in Senegal

The constitutional amendment says that the principle of the non-retroactivity of criminal law does not bar the prosecution of acts “which, when they were committed, were criminal according to the rules of international law relating to genocide, crimes against humanity and war crimes.” This amendment is in harmony with article 15 (2) of the International Covenant on Civil and Political Rights, ratified by Senegal, which states that the non-retroactivity principal does not bar the prosecution of an act “which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.”

In January 2008, at Senegal’s request, European Union experts visited Senegal to evaluate its financial and technical needs. The experts called on Senegal to define a prosecution strategy and set forth a precise calendar and a reasonable budget, none of which has been done.

Background

Hissène Habré ruled Chad from 1982 until he was deposed in 1990 by President Idriss Déby Itno and fled to Senegal. His one-party regime was marked by widespread atrocities, including waves of ethnic campaigns. Files of Habré’s political police, the DDS (Direction de la Documentation et de la Sécurité), which were discovered by Human Rights Watch in 2001, (http://www.hrw.org/justice/habre/habre-police.htm) reveal the names of 1,208 persons who were killed or died in detention. A total of 12,321 victims of human rights violations were mentioned in the files.

Habré was first indicted in Senegal in 2000 before 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 charged Habré with crimes against humanity, war crimes, and torture.

Following a Belgian extradition request, Senegalese authorities arrested Habré in November 2005. The Senegalese government then asked the African Union to recommend how to try Habré. On July 2, 2006, the African Union, following the recommendation of a Committee of Eminent African Jurists, called on Senegal to prosecute Habré “in the name of Africa,” and Senegalese President Abdoulaye Wade declared that Dakar would do so.

To view an April 2008 letter to the international and African communities from the International Committee for the Fair Trial of Hissène Habré, please visit:
http://hrw.org/english/docs/2008/04/29/africa18666.htm

For additional background on the case against Hissène Habré, please visit:
http://www.hrw.org/justice/habre/


Related MaterialOpen letter to the international and African communities from the International Committee for the Fair Trial of Hissène Habré
Letter

The Case against Hissène Habré


New Film Documents Political Victims’ Pursuit of Trial for Chad’s Ex-Dictator

July 6, 2008

By Carolyn Weaver
New York
30 June 2008

This year’s Human Rights Watch International Film Festival includes a documentary focusing on the group’s lead attorney, Reed Brody, whose job is to prosecute human rights abusers. Working without government support, but with an equally determined former Chadian political prisoner, Brody campaigns over several years and three continents to bring Chad’s former dictator to trial.
A group of local women visit the field where the dead were buried by other prisoners.
“The Dictator Hunter,” by Dutch filmmaker Klaartje Quirijns, begins with Human Rights Watch lawyer Reed Brody on a trip to Chad. That’s the Central African nation where Hissène Habré took power in 1982 with U.S. backing. Habré founded a secret police force and began imprisoning and murdering thousands, according to human rights organizations and the U.S. State Department.

“If you kill one person, you go to jail,” Brody remarks in the film. “You kill 40 people, they put you in an insane asylum. You kill 40-thousand people — you get a comfortable exile with your bank account in another country. And that’s what we want to change here.”

Former Chadian political prisoner Souleymane Guengueng is the other main character in Qurijins’ film, which screened at the Human Rights Watch International Film Festival in New York. After Hissène Habré  was ousted in 1990, and fled to a luxurious exile in Senega,  Guengueng was released from prison. He founded a victims’ organization and collected testimony until threats drove him from Chad. He says that only his faith in God helped him endure his own torture. “I live very much in God,” Guengueng says. ” I pray all the time. I say in this situation, God knows why I am here in this jail.”

Quirijns met Guengueng and Brody together at the New York office of Human Rights Watch as they planned their campaign to bring Habre to justice.

“I immediately saw a film in these two men, one believing in the law, the other in God, but both extremely driven,” Quirijns says. “I thought from a dramatic point of view that it’s really interesting that you have this black guy here stuck in New York, can’t see his family, is without any papers. And they are chasing together this dictator, but the action takes place in Africa.”

In one scene in Chad, a former prisoner describes how every night a few people died or were taken to be executed. Later, a group of local women visit the field where the dead were buried by other prisoners. They are wailing and holding their hands above their hands.

“Where they held up their hands [that] is actually a sign that they are really upset and really angry,” Quirijns said. ” I was watching there, and I couldn’t believe what was happening in front of the camera. And also you have to realize that most women have never been there and maybe they had family members or husbands buried there, so it was an extremely emotional moment for them.”

Most of the action of  “The Dictator Hunter” centers on the international legal campaign to bring Hissène Habré  to trial. After an African Union ruling, Senegal agreed two years ago to try the former Chadian dictator — but has not yet done so. Reed Brody and Souleymane Guengueng say that when it finally happens, it will put other human rights abusers on notice that even if governments do not pursue them, their victims will.


African Union: Use Summit to Press Senegal on Hissène Habré Trial

June 23, 2008

Two Years After AU Mandate, No Action on Former Chad Dictator

Chadian Association of Victims of Political Repression and Crime (AVCRP)
Chadian Association for the Promotion and Defense of Human Rights (ATPDH)
African Assembly for the Defense of Human Rights (RADDHO)
Chadian League for Human Rights (LTDH)
National Organisation for Human Rights (ONDH)
Agir Ensemble pour les Droits de l’Homme
International Federation of Human Rights (FIDH)
Human Rights Watch

Joint News Release

(Sharm El Sheikh, Egypt, June 23, 2008) – During its upcoming summit, the African Union should ask Senegal to explain why little progress has been made in the two years since it mandated Senegal to prosecute former Chadian dictator Hissène Habré, eight human rights organizations said today. The African Union is holding its bi-annual summit here on June 30 and July 1.

Habré is accused of massive crimes during his 1982-1990 rule before he fled to Senegal in 1990. On July 2, 2006, the African Union mandated Senegal to “prosecute and ensure that Hissène Habré is tried, on behalf of Africa, by a competent Senegalese court.” Senegal has yet to initiate a prosecution, however.

The African Union should ask Senegal for a road map for the investigation and trial of Habré, said a joint statement by the Chadian Association for the Promotion and Defense of Human Rights (ATPDH), the Chadian Association of Victims of Political Repression and Crime (AVCRP), the African Assembly for the Defense of Human Rights (RADDHO), the Chadian League for Human Rights (LTDH), the National Organisation for Human Rights (ONDH) Human Rights Watch, Agir Ensemble pour les Droits de l’Homme, and the International Federation of Human Rights (FIDH).

“Senegal has perfected the art of delay in this case. The African Union’s credibility is at stake,” said Alioune Tine of the Dakar-based African Assembly for the Defense of Human Rights (RADDHO). “This is a test case for African justice. Africa can’t complain that international justice is picking on African leaders while it allows the Habré case to die a slow death in Senegal.”

In January 2008, at Senegal’s request, European Union experts visited Senegal to evaluate its financial and technical needs. The experts called on Senegal to define a prosecution strategy and set forth a precise calendar and a reasonable budget, none of which has been done. They also suggested that a Senegalese coordinator be named to handle the administrative and financial aspects of the case.

In April, the former coordinator of Habré’s legal team, Madické Niang, was named minister of justice of Senegal – a key position for the organization of the trial. In May, he announced the appointment of a coordinator for the trial as well as a “Follow-up and Communication Committee.” He also stated that a constitutional amendment would soon be adopted making clear that Senegalese courts may prosecute acts of genocide, crimes against humanity, and war crimes perpetrated in the past. He also said judges would be named to investigate the case by June 7, but neither of these pledges has happened.

“The victims are tired of Senegal’s promises, it is time for the case to get moving,” said Souleymane Guengueng, founder of the Chadian Association of Victims of Political Repression and Crime (AVCRP), who almost died during two years of mistreatment in Chadian Habré’s prisons. “The African Union needs to step in.”

The AU decision mandating Senegal to try Habré envisaged “provid[ing] Senegal with the necessary assistance for the effective conduct of the trial,” but it took 16 months for the African Union to name Robert Dossou, Benin’s former foreign minister and justice minister, as an envoy to the trial. His role is unclear, however, and the groups asked the African Union to define his mandate and to provide concrete assistance to Senegal.

“The African Union needs to ensure that its decision to try Hissène Habré is put into practice,” said Dobian Assingar, a Chadian activist with the FIDH.

In its May 2006 ruling in the case Guengueng v. Senegal, (http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/aafdd8e81a424894c125718c004490f6?Opendocument), the UN Committee against Torture found that Senegal had violated the Convention against Torture twice, first by failing to prosecute Habré when the victims first filed their case in 2000, and then by failing to prosecute or extradite him when Belgium filed an extradition request in September 2005. The committee ruled that Senegal was obliged to prosecute or extradite Habré.

Background

Hissène Habré ruled Chad from 1982 until he was deposed in 1990 by President Idriss Déby Itno and fled to Senegal. His one-party regime was marked by widespread atrocities, including waves of ethnic campaigns. Files of Habré’s political police, the DDS (Direction de la Documentation et de la Sécurité), which were discovered by Human Rights Watch in 2001, (http://www.hrw.org/justice/habre/habre-police.htm) reveal the names of 1,208 persons who were killed or died in detention. A total of 12,321 victims of human rights violations were mentioned in the files.

Habré was first indicted in Senegal in 2000 before 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 charged Habré with crimes against humanity, war crimes, and torture.

Following a Belgian extradition request, Senegalese authorities arrested Habré in November 2005. The Senegalese government then asked the African Union to recommend how to try Habré. On July 2, 2006, the African Union, following the recommendation of a Committee of Eminent African Jurists, called on Senegal to prosecute Habré “in the name of Africa,” and Senegalese President Abdoulaye Wade declared that Dakar would do so.

To view an April 2008 letter to the international and African communities from the International Committee for the Fair Trial of Hissène Habré, please visit:
http://hrw.org/english/docs/2008/04/29/africa18666.htm

For additional background on the case against Hissène Habré, please visit:
http://www.hrw.org/justice/habre/


“The Dictator Hunter”

June 13, 2008

souleymane guengueng

“The Dictator Hunter”: Victims of US-Allied Chadian Dictator Hissene Habre Lead Quest to Bring Him to Justice

When the US-backed Chadian dictator Hissène Habré fell from power in 1990, one of his victims, Souleymane Guengueng, vowed to bring him to justice. We speak to Guengueng and Human Rights Watch attorney Reed Brody, who joined the quest for justice against Habré. The story is told in the new documentary The Dictator Hunter.

Guests:

Reed Brody, Counsel and spokesperson for Human Rights Watch in Brussels and a longtime activist for international justice. His legal brief helped persuade the British House of Lords to strip Chilean dictator Augusto Pinochet of immunity. Brody has pursued former Chadian president Hissène Habré for almost ten years now.

Souleymane Guenggueng, Former political prisoner from Chad who is now exiled in New York. He was imprisoned and tortured under former President Hissène Habré from 1988 to 1990. Since Habré’s government fell in 1990, he has led the survivors’ struggle to bring Habré to justice for his crimes.

JUAN GONZALEZ: Hissène Habré, the former president of Chad, is one of the most brutal dictators the US has ever supported. Habré came to power with the help of former US President Ronald Reagan in 1982. He is accused of systematic torture and the deaths of 40,000 of his political opponents. Reagan provided Habré with millions of dollars in annual military aid and trained his secret police, known as the DDS. When Habré fell from power in 1990, one of his victims, Souleymane Guengueng, vowed to bring the former president to justice. While Habré lived in comfortable exile in Senegal, Guenggueng organized Habré’s victims to seek his trial.

AMY GOODMAN: The Chadian activists were joined by a “dictator hunter” from New York in their quest for justice. Reed Brody of Human Rights Watch took interest in the Habré case after former Chilean dictator Augusto Pinochet was arrested in 1998. Since then, he has worked tirelessly to build a case against Habré.

Habré was placed under house arrest in 2000. In July 2006, the African Union called on Senegal to prosecute Hissène Habré in the name of Africa. Unfortunately, two years later, Habré’s trial is yet to begin.

The Dictator Hunter is a new documentary that tells this story. It’s directed by a Dutch filmmaker named Klaartje Quirijns. The film opens at the Human Rights Watch Film Festival in New York this weekend. We will show excerpts of the film, but first, we’re joined in the studio by two guests, by the Chadian activist who has spearheaded this case, who was a victim himself, Souleymane Guenggueng, and by, well, the dictator hunter, Human Rights Watch counsel, Reed Brody.

Welcome, both, to Democracy Now!

REED BRODY: Thank you, Amy. Thank you, Juan.

AMY GOODMAN: First, tell the story, Reed. Tell the story of how Hissène Habré came to power, was forced out, and where he stands today.

REED BRODY:
Well, Hissène Habré was a local warlord in Chad, which is a Central African country just south of Libya. And at the time, Ronald Reagan—when Ronald Reagan came into office, he was looking for ways to counter Muammar Gaddafi’s expansionist designs on Chad. And the very first covert operation of the Reagan era, before the Contras, before Jonas Savimbi, was putting Hissène Habré into power, even though he had a reputation for brutality. He had already kidnapped a French anthropologist in the desert, killed the French hostage negotiator. Alexander Haig reportedly wanted to bloody Gaddafi’s nose, and they supported Hissène Habré taking power in Chad and helped Hissène Habré—together with the French, helped Hissène Habré defeat the Libyans.

But at the same time, Hissène Habré turned Chad into a police state and created this—his private Gestapo, this DDS, that created dungeons all around Chad, that engaged in waves of ethnic cleansing against different Chadian groups. We happened to discover totally by chance, to stumble on the files of Hissène Habré’s political police, thousands and thousands of documents, death certificates, spying reports, that give the names of 1,208 people who died in detention, that tell the story of people like Souleymane and others.

Finally, in 1990, Hissène Habré was overthrown by the current president, Idriss Deby. And with the United States’ help, he went to Senegal, which is where he lived for—peacefully on—actually, before leaving Chad, he emptied out the country’s treasury and stole millions and millions of dollars and brought that money with him to Senegal, where he created relationships and built a web of protection.

And that’s probably the way it would have remained had it not been for the Pinochet case. And as you know, we worked on the Pinochet case, and the Pinochet case was an inspiration to victims around the world, who said, well, wait a second, we have a legal tool that we can use to bring to justice people who seemed out of the reach of justice. And the Chadian—we were introduced by Chadian activists to the Chadian victims, and we started working with them. And eight years ago, in 2000, on the heels of the Pinochet case, Souleymane and others filed a case in Senegal, charging Hissène Habré with crimes against humanity and torture. And he was actually arrested and placed—indicted for those crimes eight years ago.

Senegalese courts then, after political interference, decided not to pursue the case. The victims then filed the case in Belgium, which had a long-arm universal jurisdiction statute, and after a four-year investigation, the Belgian courts indicted Hissène Habré for crimes against humanity and sought his extradition. It was a complicated story. Then the Senegalese refused the extradition of Hissène Habré, and they then went to the African Union and said, “What should be done with Hissène Habré?” And the African Union, which was one of the major coups in this case, a union with people like Mugabe and Gaddafi and Sassou and Bongo, said that Senegal had to try Hissène Habré. And two years ago, Senegal agreed to the African Union request to put Hissène Habré on trial. But as you said, two years later, they still haven’t started that trial, and that’s where we stand today.

JUAN GONZALEZ: And the reasons that Senegal gives for the delays? I understand they did make certain changes in their own laws to be able to pave the way for this, but they still haven’t actually moved forward.

REED BRODY: That’s right. Actually, Senegal now has the best laws on prosecuting war crimes and crimes against humanity. They’ve changed their laws. They’ve changed their constitution. They’ve named a coordinator to oversee the trial. They’re just going about it very slowly. And the victims do not have time. I mean, this is eighteen years since Hissène Habré was ousted. Many of the people who started this with Souleymane, who were with me eight years ago when we filed the case, are dead now.

AMY GOODMAN: I want to turn to Souleymane, but first I want to go to the film and play an excerpt of The Dictator Hunter. Here, Reed Brody, you’re given a tour of one of Hissène Habré’s notorious prisons.

FORMER PRISONER: [translated] Once, this used to be a swimming pool reserved for the families of the French military. Later on, Hissène Habré turned the pool into a jail, a unique prison. I was tortured. They tied my arms behind my back to stop the blood circulating and to paralyze one’s arms and legs to make people lose their limbs. In this cell, for example, there were thirty people. All cells were so full, there was no oxygen. People died of a lack of oxygen. It is a very cruel way to torture someone.

Every morning, we would knock on the walls like this. The people in the cell next to ours would do the same to show us they were still alive. If someone died, we would ask them to take away the corpse. They would say, “How many are there?” If we said two or three, they told us to wait ’til there were five. Those who suffered most, we would lay on the corpses, as they were a little cooler. We slept on them ’til they were taken away.

AMY GOODMAN: An excerpt of The Dictator Hunter. This is Democracy Now!, democracynow.org, the War and Peace Report. We’re joined by Reed Brody of Human Rights Watch and Souleymane Guenggueng, who was one of Hissène’s victims, the former Chadian president. Reed, if you could translate for Souleymane—Souleymane, what happened to you?

SOULEYMANE GUENGGUENG: [translated] Even now, as I speak to you, it was never explained why I was arrested. I was taken away from my office. And I can’t imagine human beings doing what was done to me. I said to myself, these things should never happen, and if God allows me to survive for this, I’m going to fight to find out why this happened, and so it never happens again. So it was kind of an oath that I took before God, and God helped me get out of prison, and he gave me groups like Human Rights Watch and people like Reed. And as often happens in Africa, this would have happened without anybody saying anything, had Human Rights Watch not got involved in the case.

AMY GOODMAN: What did they do exactly to you?

SOULEYMANE GUENGGUENG: [translated] The day I was arrested, I had just come back from the hospital. I was very sick, and I was actually supposed to go back the next day for exams. In fact, in the hospital, they thought I was going to die the day—that day or the next day.

But I was detained. I was locked up. It was August. It was raining. There were mosquitoes. There was water in the cells. You couldn’t even sit down. You couldn’t stretch out your feet in the cells. After two or three weeks, you were paralyzed. You couldn’t really even walk. It was kind of a moral torture, because I was supposed to be dying anyway. And within six months, my co-detainees, three times they thought that I was dead.

I was in five different prisons. I saw all kinds of torture. I saw how my cell mates died. From one day to the next, they would just be dying. As you saw in the film, those who were filmed who had their—this “Arbatachar” torture, in which your arms and your legs are tied behind your back until you’re paralyzed. These were horrible situations.

JUAN GONZALEZ: Did they ever charge you with any crimes? Or did—were any of the—were they picking up people who were involved in political organizations, or they were just picking up anyone off the streets?

SOULEYMANE GUENGGUENG: [translated] I was never a political person. Because [I] was actually living in neighboring Cameroon and many Chadians came by [my] house, and [I] was accused of—or they thought that [I] was supporting the opposition.

AMY GOODMAN: I wanted to play another clip of the film The Dictator Hunter. This is courtesy of Eyes Wide Films and Pieter van Huystee Films. In this scene, a group of widows who lost their husbands during Habré’s regime visit a mass burial ground.

WIDOW: [translated] We have come to mourn our dead. Hissène Habré must be brought to trial. We want a monument for the dead, for those who were tortured to death. We are here to mourn them. We want a monument. Help us. Help me to find my father. They killed my father.

We will win. We will not give up. This is not the time to cry. This is not the time to cry. The death of Saleh Gaba will be avenged. There must be justice for this. Justice! Justice! We want justice.

How can Habré say he didn’t kill anyone? What do you think was in that yellow pickup truck under the tarpaulin? Meat? I was there. If they called you between 1:00 a.m. and 3:30 a.m., it was to be executed. If it was after 3:30 a.m., it was for torture. I was tortured “Arbatachar” from 7:00 a.m. ’til 6:00 p.m. Habré tortured me with his own hands. The man is a monster. He put cigarettes on my hands. Look. You can still see the scars. They weren’t cigarettes, but cigars.

We were constantly afraid. You’re even afraid of your own child. When my husband was arrested, nobody came to visit me. Everybody stayed away. They were afraid something might happen to them if they visited me.


AMY GOODMAN:
An excerpt of the film The Dictator Hunter that’s going to premier at the Human Rights Film Festival at the Walter Reade Theater this weekend, Sunday, Monday and Tuesday. Reed, how unusual is it to have a movement like this led by the victims of the man charged, Hissène Habré?

REED BRODY: Well, I think it’s—it could be a very important historical precedent, because unlike the cases that are before the International Criminal Court or the Sierra Leone court, this doesn’t depend on an international institution or the United Nations. This case, like the Pinochet case, was filed by the victims, who are the architects of this effort. And it means, you know, that the precedent is all that much greater, because it’s a tool in the hands of victims and human rights organizations. On the other hand, it makes it much more difficult, because there isn’t any state or international institution behind this case.

JUAN GONZALEZ: And I’d like to ask you, a structure of terror like this obviously depends on the person who’s giving the orders, but there were many others who followed the orders. And obviously many of them are probably still living in Chad. Has there been any attempt at justice by the current government for any of the people who are still in the country who were involved in this?

REED BRODY: Well, that’s a very important question, and it’s actually the reason why Souleymane is now living in the United States, because in addition to filing the cases internationally against Hissène Habré, he filed—he and others filed cases against many of Habré’s accomplices, who have been recycled into the current Deby regime. And those people are the ones who have threatened Souleymane and others and who almost killed Souleymane’s lawyer, Jacqueline Moudeina, a very brave woman who’s in the film, and have forced many of them into exile. Unfortunately, the current president of Chad is also—he’s not the kind of bloody, bloodthirsty tyrant that Hissène Habré was, but it’s not a state—it’s not a democracy, it’s not a state of law.

AMY GOODMAN: Finally, Souleymane Guenggueng, this happened to you. We see what happened to the women and their families and the many others who aren’t alive to speak. Why is it so important for you for Habré to be tried?

SOULEYMANE GUENGGUENG: [translated] For everyone who has lived this kind of situation, they need to know that as long as Hissène Habré is not brought to justice, psychologically, morally, we are not healed, and that remains in our heads. The example is, when we were in Dakar eight years ago with Reed to file the case, and when Hissène Habré was indicted for the first time, it’s as if—those of us who were there, as if something came into our heads, and we were liberated from these things that were in our head. We, the victims, only really us, the victims, who understand how we need justice in order to be restored to our full strength and height; somebody who hasn’t survived this kind of torture can’t really understand that.

AMY GOODMAN: I want to thank you both for being with us. Souleymane Guenggueng will be with Reed Brody at the Walter Reade Theater at Lincoln Center in New York when the film of Klaartje Quirijns called The Dictator Hunter premiers at the Human Rights Film Festival. It will—the showings will be Sunday, Monday and Tuesday. The film will show, and they will tell their stories.


Senegal changes law to try Habre

April 10, 2008

by BBC
Wednesday, 09 April 2008

Senegal’s national assembly has amended the country’s constitution to allow the trial of Chad ex-leader Hissene Habre.

Mr Habre, dubbed “Africa’s Pinochet”, is accused of human rights abuses during his eight years in power.

He has been living in exile in Senegal’s capital under nominal house arrest since fleeing Chad in 1990.

There have been a number of international efforts to bring him to justice, but Senegal has always refused to accept any extradition requests.
In 2006, the African Union (AU) asked for him to be prosecuted in Senegal.

However, an earlier Senegalese court ruling said that it did not have jurisdiction to try Mr Habre on war crimes charges.

The BBC’s Tidiane Sy in the capital, Dakar, says now that the constitution has been changed, it clears the way for the case to proceed.

The only obstacle could be lack of funds, he says, although last year France pledged to assist Senegal financially and technically to bring Mr Habre to trial.

Mr Habre was deposed in an uprising led by the current President, Idriss Deby, and denies knowledge of the alleged murder and torture of political opponents.

A commission of inquiry said his government was responsible for some 40,000 politically motivated murders and 200,000 cases of torture.
Story from BBC NEWS


Senegal finalising budget for landmark Habre trial

June 13, 2007

By Daniel Flynn

DAKAR, June 13 (Reuters) – Senegal is finalising a budget for the trial of former Chadian dictator Hissene Habre on charges of mass political killings and torture and will seek international aid to pay for this test case for African justice.

Habre, who has lived in the West African state since his overthrow in 1990, is accused of ordering 40,000 killings and 200,000 cases of torture during an iron-fisted nine-year rule over his own landlocked country.

His long-delayed trial is billed by rights campaigners as a landmark case for human rights in Africa, where leaders have rarely been brought to account for abuses of power.

The trial of former Liberian strongman Charles Taylor, which convened this month in The Hague, has revived debate on prosecuting rights abuses in Africa. Taylor is accused of crimes against humanity for backing rebels in Sierra Leone.

But nearly a year after the African Union mandated Senegal to bring Habre to trial, human rights campaigners accuse the government of dragging its feet.

Sources close to the case said Senegal’s Justice Ministry initially proposed a 66 million euro ($88 million) budget for the trial, including a new court building and a panel of 15 judges, but this was rejected by President Abdoulaye Wade.

“President Wade has asked the national commission working on this dossier to limit costs to the maximum, without damaging the judicial process and the rights of the accused and witnesses,” Foreign Minister Cheikh Tidiane Gadio said late on Tuesday.

“Once the budget has been finalised it will be submitted to the international community,” he said, adding that European Union countries had expressed interest in contributing.

Rights campaigners reacted with dismay in January when Gadio estimated it could take three years to bring Habre to trial. He said on Tuesday his comments were misconstrued.

“If with international cooperation we arrive at a budget acceptable to everyone, and the African Union mobilises resources, we are determined to bring this case to an end.”

BELGIUM SOUGHT EXTRADITION

Many Africans remain hostile to having the continent’s leaders tried overseas. An African Union summit last year rejected an extradition request for Habre from Belgium, a former colonial power in Africa, and mandated Senegal to try him.

Although African presidents have been tried by their own nations for crimes committed in office, such as Jean-Bedel Bokassa of the Central African Republic and Ethiopia’s Mengistu Haile Mariam, Habre’s trial would be the first time one African state has tried a leader for crimes committed in another.

Seven years after Habre was first arrested in Dakar on human rights charges, campaigners warn that unless the trial is held soon many witnesses may be unable to testify.

“Time is running out. Survivors continue to die — including two who filed the case against Hissene Habre in Dakar in 2000,” said Reed Brody, a lawyer for Human Rights Watch.

Senegal’s justice system ruled then that it was not competent to try the case. But in February, Senegal remedied this by approving legislation enabling it to prosecute genocide, crimes against humanity, war crimes and torture even when they are committed outside the country.

The wealthy ex-dictator keeps a low profile in Dakar but still wields considerable influence. Two of Habre’s lawyers currently hold ministerial posts in the Senegalese government.


Victims group slams Senegal over Habre trial delay

February 1, 2007

31 Jan 2007 12:21:27 GMT

 By Pascal Fletcher DAKAR, Jan 31 (Reuters) – Victims of torture under the rule of former Chad President Hissene Habre accused Senegal on Wednesday of trying to put off his trial for several years and said they had already waited too long for justice. Senegal, where Habre has lived in exile since his overthrow in 1990, agreed at an African Union summit last year to try Habre, who faces charges over 40,000 political killings and 200,000 cases of torture registered during his administration. Habre has said he was unaware of the abuses, which were condemned by a subsequent Chadian government inquiry. The N’Djamena-based Association of Victims of Political Crimes and Repression in Chad said it was “very surprised” by media reports quoting Senegal’s foreign minister saying it would take at least three years to organise a trial for Habre. Foreign Minister Cheikh Tidiane Gadio made the comments on Tuesday on the sidelines of an AU summit in Addis Ababa, arguing that legal procedures required time. “It’s now more than 16 years since Hissene Habre fled Chad and went to hide in Dakar and his victims have been seeking justice from Senegal for seven years,” the victims’ group said. “We don’t see why we still have to wait for another three years for this trial,” it added in a statement. “AFRICA’S PINOCHET” Ahead of this week’s AU summit, international human rights groups had also called on African leaders to press for a speedy trial by Senegal. They call Habre “Africa’s Pinochet” after the late Chilean dictator Augusto Pinochet whose political police were accused of committing widespread killings and torture. But Gadio rejected what he called “paternalistic and sometimes even disrespectful pressure” from outside Africa, saying Senegal would deal with Habre in its own time. “We’ll deal with him ourselves at home and nobody is going to impose a particular speed on us,” he told France’s RFI radio. Victims say Habre’s political police imprisoned, tortured and murdered tens of thousands of Chadian civilians suspected of opposing his rule during a reign of terror in the 1980s. Senegalese courts have previously decided they cannot try Habre and refused to rule on an extradition request by Belgium. The West African country must pass new legislation against torture to provide the legal basis for the trial to go ahead. The Dakar government approved the necessary legislation and created a commission to prepare the trial in November, when it also appealed for foreign funding for the case, but parliament has yet to start dealing with the bill. The Chadian victims’ group said the case against Habre had already been prepared in both Belgium and Senegal and there was no need for further lengthy legal work. “It is entirely fair that Hissene Habre’s rights should be respected, but this should not take place to the detriment of the victims and their rights to obtain justice,” the association said in its statement. Habre leads a reclusive life in a Dakar mansion but has won support among Senegal’s politically influential marabouts, or Muslim teachers. Senegal holds presidential elections on Feb. 25 and some observers believe any advance in the Habre case may only take place after the polls. (Additional reporting by Diadie Ba)


Bring Hissene Habre to Justice !

February 1, 2007

Welcome to Bring Hissene Habre to Justice.

This is a weblog dedicated to all those who fight to bring the ex-Chadian dictator to justice for all his crimes against the Chadian people during his reign from 1982 to 1990 when he was ousted by his formed commander in chief of the Army, General Idriss Deby. Prosecuting Hissene Habre is also synonym of prosecuting General Idriss Deby because of prominent role and implications in the genocides of the Sara (1984), the Hadjeray… 

Justice and Truth always prevail against evil. The path maybe long and tortuous but sooner or later, we’ll bring those who committed evil against our people to justice. No one must get away with genocide and crimes against humanity. Under Hissene Habre, thousands of innocent lives were silenced. Thousands were arrested, tortured in the prisons of the notorious Directorate of Documentation and Security (DDS), and cold bloodily executed. Under Habre, any sign of opposition was a rebellion and was brutality stopped. Villages were looted and burned down, harvests destroyed to starved the populations, women were raped, children murdered. People were hunted down like gazelles and viciously assassinated. Thousands of Chadians were arrested and disappeared forever under the rule of Habre. We’ll never know where their bodies were dumped after they got murdered. We’ll never know. We’ll ever be a closure? Not for some of us until the monster is brought to justice. 

Yes, under Hissene Habre, thousands were put on the routes of exile to save their lives. The extermination of the Sara and the other ethnic groups was a high priority in the Habre regime. Intellectual, Engineers, Students, Politicians, farmer…everybody was a target. Hissene Habre wiped out hundreds of Southern brains just because he saw them as threat to his regime. In 1984, operation ” Black September” was launched and the entire South was under siege. It’s been a very dark period of our history and we’ll never forget.  It’s no different than what Hitler did to the Jews. It’s no different than what Pol Pot did to the Cambodians. It’s no different than what Milosevic perpetrated against the Bosnians, the Croats and the Kosovars. It is no different than what happened in Rwanda in 1994. It was clearly a well planned, well designed, well organized and well coordinated genocide against the civil populations of the South of Chad. It was the genocide the world didn’t care about or it was the genocide the world decided to not know about. Why? We were not that important. There were better priorities maybe. As in the Rwandan genocide, the world sat back, closed its eyes and let thousands of lives got silenced forever. I have lost so many people during Black September 1984. My younger brother, aged 9, was shot on September 17, 1984 in the farm of Deli, 30km from Moundou, in the South of Chad. I was 11 but I will NEVER forget what happened. It was the turning point of my life. That dark day has changed my life forever. My childhood got taken away from me that same day and I started behaving like a man from that day on. I have never been the same after Black September 1984. I saw so many love ones, friends, and strangers, killed. I saw my younger brother bleed and die of his wounds. I will never forget all the images. More than 20 years after, nothing has gone away. When I think of that period, it looks like it was tomorrow because the images are still vivid in my mind. I can remember the weather that very morning. I can remember the blue sky that turned red later. I can remember the smell, the sounds of AK 47 and heavy weapons, I can remember the screams of women, children. I can remember the agonizing wounded and their painful and heartbreaking cry for help. I can still remember the band of vultures flying above the farm after the massacre. And I can also remember the two men who got shot under my father’s bed. The impacts of the bullets were still visible in the house we were on the day of the massacre. And I can remember my younger brother, James, lying down, in an ocean of blood. He was dead. 

  


Ex-Chad leader’s trial ‘delayed’

January 31, 2007

Chad’s former President Hissene Habre will not be tried in exile in Senegal for at least three years, Senegal’s foreign minister has said. Cheikh Tidiane Gadio said that time was required to establish many aspects of the judicial process.

Mr Habre, dubbed Africa’s Pinochet, faces charges of alleged human rights abuses during eight years in office.

He fled to Senegal in 1990 and last year the African Union (AU) asked for him to be prosecuted there.

“To respect the rules… the rights of the accused as well as the rights of the victims, the inquiry will take time and Hissene Habre will not be judged for at least three years,” Mr Gadio said after an AU summit in Ethiopia, AFP news agency reports.

Earlier attempts to prosecute Mr Habre in Senegal have been hampered by judicial rulings preventing him from being tried there.

But last November, the Senegalese government said preparations were under way for the trial and that domestic law would be changed to accommodate the prosecution.

In the absence of any prosecution two years ago, Belgium moved to try Mr Habre under its human rights laws, which allow nationals of any country to face charges within Belgium.

However, the AU ruled that Africa should dispense its own justice.

Mr Habre, who is in his 60s, was deposed in an uprising led by current President Idriss Deby and denies knowledge of the alleged murder and torture of political opponents.

A Commission of Inquiry formed after he was deposed in 1990 said his government carried out some 40,000 politically motivated murders and 200,000 cases of torture in the eight years he was in power.

His dreaded political police force, the Documentation and Security Directorate (DDS), was accused of some of the worst abuses.


Senegal closer to try ex-Chadian leader

November 3, 2006

Hissène Habré, detained in 2000

Chadian ex-Dictator Hissène Habré:
«Murder, torture and other atrocities.»

© afrol News / Human Rights Watch

afrol News / IRIN, 3 November - Human rights groups today welcomed Senegal’s announcement that it will establish a commission to prepare the trial of exiled Chadian Dictator Hissène Habré, who has been indicted on charges of crimes against humanity, including the torturing of thousands of citizens.

“It is an important step in the right direction,” Reed Brody of New York-based Human Rights Watch told the UN media ‘IRIN’ today. “Now Senegal has to follow this up with concrete steps, changing its laws, putting in place the infrastructure for a trial, raising the money from the international community, doing the work. It is not going to be easy and this is just the first step.”

Mr Habré has been living in exile in Senegal since 1990. Alleged victims of his eight-year regime filed charges of war crimes against him in Senegal and he was indicted in 2000. But then Senegalese courts ruled that he must be tried elsewhere. Ex-President Habré’s alleged victims then turned to Belgium, where some of them lived, and Belgium indicted him last September.

A Senegalese court early this year said it was not competent to rule on the case and turned the decision over to the African Union (AU). In July the AU mandated that Senegal prosecute Mr Habré.

Senegal announced on Thursday that it would revise its laws to permit Mr Habré’s trial. It also said it would establish an inter-governmental commission to oversee the legal changes, make contact with Chad, create a witness protection programme and raise money to carry out the investigation and trial. The Dakar government also appealed for financial support from the international community.

Mr Brody, who serves as lead counsel for the alleged victims, said much still needs to be done to ensure that ex-President Habré stands trial in terms of financing, planning, and organising the various judicial and international aspects of the case.

“We are looking at investigating massive crimes that were committed far away that in the best of circumstances will take a year or two,” he said.

Mr Habré’s critics have dubbed him the “Pinochet of Africa”. Chilean ex-President Augusto Pinochet presided over a military dictatorship for nearly 20 years, during which time thousands of government opponents were killed or disappeared. Also Mr Habré is accused of murder, torture and other atrocities allegedly inflicted on thousands of people.