brought against foreigners in Senegal for acts committed abroad) had been made60. » 173. The Complainants, not satisfied with the ruling of the Senegalese courts, referred the case to the Committee against Torture on 18 April 2001 by requesting the United Nations institution to determine the violation by Senegal of relevant provisions of the Convention against Torture, in particular Articles 5 and 7 and to indicate provisional measures. The Committee did this on 23 April 2001, by enjoining the Senegalese authorities « not to expel Mr Hissene Habré but to take all appropriate measures to prevent the latter from leaving the Senegalese territory except by virtue of an extradition procedure. » 174. As the Committee against Torture was considering the request of the alleged victims of the crimes perpetrated by Hissene Habré, a Belgian judge, based on a complaint filed at the High Court of Brussels by three Belgian victims of Chadian origin, issued an international arrest warrant on 19 September 2005 against Hissene Habré, after indicting him for crimes against humanity, war crimes, acts of torture and serious violation of international humanitarian law. The same day, Belgium forwarded a formal request to Senegal for the extradition of Mr. Habré. 175. On 15 November 2005, the Senegalese authorities, in line with the extradition request, arrested Mr. Hissene Habré and detained him, only to release him a few weeks later after the Indictment Division of the Appeal Court of Dakar stated that it lacked jurisdiction to rule on the Belgian extradition request. 176. On 26 November 2005, the Ministry of Interior of Senegal issued an order by putting Mr. Hissene Habré « at the disposal of the African Union » and proposing that he be expelled to Nigeria, the Chair of the African Union at the time. But the following day, his colleague, the Minister of Foreign Affairs declared that Mr. Hissene Habré would remain in Senegal until the African Union came out with a clear position on that matter during the Summit in January 2006 in respect of « the competent court » to try him. 177. Meeting in Khartoum (Sudan) for the Seventh Ordinary Session of the Assembly of Heads of State and Government of the African Union, African leaders decided to establish « A Committee of Eminent African Legal Experts tasked with considering all aspects and implications of the trial of Hissene Habré including the options available for his trial …and to propose concrete recommendations on ways and means of dealing with such issues in the future.61 » 60 Cf. Court of Cassation of Senegal, Order No 14 of 20 March 2001, Souleymane Guengueng and others vs. Hissene Habré. 61 Cf. Paragraphs 2, 3 and 4 of the Decision on the Trial of Hissene Habré and the African Union, Assembly/AU/Dec.103 (VI). 41

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