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

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

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/

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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

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.

“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.