Post by jakaswanga on Jul 22, 2015 20:50:16 GMT 3
www.fidh.org/International-Federation-for-Human-Rights/Africa/chad/hissene-habre-case/questions-answers-on-hissene-habre-s-case
www.theguardian.com/world/2015/jul/20/former-chad-dictator-hissene-habre-war-crimes-trial
2. What charges are being brought against him?
On 2 July 2013, Hissène Habré was brought before the Extraordinary African Chambers (EAC) within the Senegalese Courts for crimes against humanity, war crimes and torture, allegedly committed while he was president of Chad.
On 5 February 2015, the Office Public Prosecutor before the of the EAC requested the indictment of Hissène Habré and referral of the case to the Trail Chamber of the EAC. On 13 February 2015, following nineteen months of examining the case, the investigating magistrates concluded that there was sufficient proof to try Hissène Habré for “crimes against humanity and torture as a joint criminal enterprise” and “war crimes as the superior authority.” [1]
The full charges brought against him are as follows:
Culpable homicide, the widespread and systematic practice of summary executions and the kidnap of individuals and their subsequent disappearance and torture, constituting crimes against humanity perpetrated on civilian populations, the Hadjerai, the Zaghawa, opponents of the regime and the populations of southern Chad;
Torture; and
War crimes of culpable homicide, torture and inhuman treatment, illegal transfer and detention and threat to life and limb.
3. Why is he being tried in Senegal instead of Chad?
On 2 July 2013, Hissène Habré was brought before the Extraordinary African Chambers (EAC) within the Senegalese Courts for crimes against humanity, war crimes and torture, allegedly committed while he was president of Chad.
On 5 February 2015, the Office Public Prosecutor before the of the EAC requested the indictment of Hissène Habré and referral of the case to the Trail Chamber of the EAC. On 13 February 2015, following nineteen months of examining the case, the investigating magistrates concluded that there was sufficient proof to try Hissène Habré for “crimes against humanity and torture as a joint criminal enterprise” and “war crimes as the superior authority.” [1]
The full charges brought against him are as follows:
Culpable homicide, the widespread and systematic practice of summary executions and the kidnap of individuals and their subsequent disappearance and torture, constituting crimes against humanity perpetrated on civilian populations, the Hadjerai, the Zaghawa, opponents of the regime and the populations of southern Chad;
Torture; and
War crimes of culpable homicide, torture and inhuman treatment, illegal transfer and detention and threat to life and limb.
3. Why is he being tried in Senegal instead of Chad?
www.theguardian.com/world/2015/jul/20/former-chad-dictator-hissene-habre-war-crimes-trial
Investigations by Human Rights Watch and prosecuting judges in the case found evidence of at least 12,000 victims, with more than 1,200 deaths. Habré is believed to have had direct knowledge of much of the torture, which often took place in a former underground swimming pool. He is also accused of being responsible for the targeting of ethnic groups that opposed his rule, such as the Hadjerai and Zaghawa.
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“Habré ruled like a god. Everything was a threat to his power,” said Souleymane Guengueng, who spent three years in one of Habré’s prisons. “If someone dared to challenge him he would devour them like a lion.” Guengueng gathered testimony from victims and their families over 10 years to build a case against the former dictator.
The case is being tried in the Extraordinary African Chambers (EAC), a unique body set up by the African Union. The EAC’s establishment put an end to more than 12 years of legal wrangling over Habré’s prosecution.
Under former President Abdoulaye Wade, Senegal had failed to act on an indictment by a Senegalese judge, and had refused repeated requests by Belgium – which has universal jurisdiction – to extradite him. The breakthrough came when Macky Sall was elected Senegalese president in 2012, vowing to respond to pressure from the Economic Community of West African States and a ruling by the international court of justice that Senegal had failed to meet its obligations under the UN convention against torture and other cruel, inhuman or degrading treatment or punishment.
The case is proceeding under universal jurisdiction, a concept that has been used with more frequency in international justice in the past 20 years. The African Union has encouraged its member states to give their courts universal jurisdiction and has taken steps to initiate a network of national prosecutors to work on war crimes cases.
Habré was not indicted by the ICC (international criminal court) because his alleged crimes took place before its legal statute took effect in 2002.
Former Chad leader Hissène Habré charged with crimes against humanity
Read more
Reed Brody, senior legal counsel with Human Rights Watch, which has been assisting those claiming to be victims of Habré since 1999,believes that the combination of legal steps taken to bring Habré to trial could be important in future cases. “This case is a wakeup call to tyrants that if they engage in atrocities they will never be out of the reach of their victims,” he said.
Efforts to bring Habré to justice in Chad itself have floundered. Chad has never requested his extradition, although he has been sentenced to death in absentia for his alleged role in a 2008 rebellion.
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“Habré ruled like a god. Everything was a threat to his power,” said Souleymane Guengueng, who spent three years in one of Habré’s prisons. “If someone dared to challenge him he would devour them like a lion.” Guengueng gathered testimony from victims and their families over 10 years to build a case against the former dictator.
The case is being tried in the Extraordinary African Chambers (EAC), a unique body set up by the African Union. The EAC’s establishment put an end to more than 12 years of legal wrangling over Habré’s prosecution.
Under former President Abdoulaye Wade, Senegal had failed to act on an indictment by a Senegalese judge, and had refused repeated requests by Belgium – which has universal jurisdiction – to extradite him. The breakthrough came when Macky Sall was elected Senegalese president in 2012, vowing to respond to pressure from the Economic Community of West African States and a ruling by the international court of justice that Senegal had failed to meet its obligations under the UN convention against torture and other cruel, inhuman or degrading treatment or punishment.
The case is proceeding under universal jurisdiction, a concept that has been used with more frequency in international justice in the past 20 years. The African Union has encouraged its member states to give their courts universal jurisdiction and has taken steps to initiate a network of national prosecutors to work on war crimes cases.
Habré was not indicted by the ICC (international criminal court) because his alleged crimes took place before its legal statute took effect in 2002.
Former Chad leader Hissène Habré charged with crimes against humanity
Read more
Reed Brody, senior legal counsel with Human Rights Watch, which has been assisting those claiming to be victims of Habré since 1999,believes that the combination of legal steps taken to bring Habré to trial could be important in future cases. “This case is a wakeup call to tyrants that if they engage in atrocities they will never be out of the reach of their victims,” he said.
Efforts to bring Habré to justice in Chad itself have floundered. Chad has never requested his extradition, although he has been sentenced to death in absentia for his alleged role in a 2008 rebellion.
