184. Senegal and the African Union therefore announced an agreement on 24
March 2011 on the establishment of an Ad hoc International Court to try
Hissene Habré and agreed to meet as early as possible to finalize the statutes
and the rules of procedure of the aforementioned Court. But rather surprisingly,
on 30 May 2011, Senegal postponed the meeting designed to finalize these
important documents indefinitely.
185. In March 2012, President Abdoulaye Wade lost the presidential elections
and his successor, President Macky Sall, weary of the attitude of his predecessor,
announced on 2 June 2012, the establishment of a working group tasked with
« brainstorming on the practical modalities for the preparation and organization
of Hissene Habré’s trial in accordance with Senegal’s international
commitments with the support of the African Union. »
186. On 20 July 2012, the ICC, in its ruling, noted that Senegal had failed in its
obligations pursuant to Articles 6(2) and 7(1) of the Convention against Torture
to proceed immediately with investigations and hand over the case to
competent authorities to institute criminal proceedings against Hissene Habré
and that « it must, without any further delay, hand over Hissene Habré’s case to
competent authorities for criminal proceedings to be initiated if the country was
not prepared to extradite him. »
187. Four days later, Senegal and the African Union signed an agreement for
the establishment of « Extraordinary African Chambers » to become operational
at the end of 2012. This was implemented just in February 2013 with the official
inauguration of the institution and the appointment of an administrator.
188. The new court was to consist of a prosecutor’s Office65, an Investigative
Chamber66, the Indictments Chamber67, a Trial Chamber and an Appeals
Chamber. Each of the last two Chambers was to be headed by a president
from an African Union member country and supported by two Senegalese
judges.
189. Their terms of reference were to prosecute « the main perpetrator (s) of the
international crimes committed in Chad between 7 June 1982 and 1 December
1990 and the Statute provided for the participation of the victims and their
lawyers as civil party at all stages of the proceedings. These victims would also
have the opportunity to obtain reparation for the damages suffered.
65
Headed by Judge Mbacké FALL assisted by Youssoupha DIALLO, Anta NDIAYE DIOP and Moustapha KA.
66
Comprised six (6) Senegalese judges: Jean KANDÉ, Souleymane TIKELO, Absatou LY DIALLO, Barou DIOP,
Abdoul Aziz DIALLO and Oumar SALL.
67
Comprised four (4) judges: Assane NDIAYE, André BOP SÈNE, Lamine SOW and Hippolyte Anquédiche
NDÈYE.
43