178. A few months later, the Committee against Torture came out with a ruling
on the merits of the case in which it stated that Senegal had violated Articles 5,
paragraph 2, and 7 of the Convention and charged the authorities to « hand
over the case to competent authorities to proceed with criminal action or,
failing that, as long as there exists an extradition request from Belgium, to
comply with that request, or where necessary, to any extradition request from
another State in line with the provisions of the Convention.62 »
179. In July 2006, following a report by the Committee of Eminent African Legal
Experts, the African Union officially « mandated the Republic of Senegal, on
behalf of the African Union, to proceed with the prosecution and trial of Hissene
Habré, by a competent Senegalese court, and provide guarantees for a fair
trial » and requested its organs and institutions to provide this country with «the
necessary assistance for the smooth conduct and proper outcome of the
trial.63 »
180. On 12 February 2007, the Senegalese National Assembly adopted Laws No.
2007-02 and 2007-05 to amend the Criminal Code and the Criminal Procedure
Code respectively to enable Senegalese courts investigate crimes against
humanity, war crimes and genocide, thus removing certain legal barriers for the
trial of Hissene Habré.
181. But the previous Senegalese authorities made the continuation of the
Hissene Habré criminal case contingent upon the provision of the necessary
funds for the conduct of the trial and even threatened to expel the accused if
nothing was done in that regard. Finally, at the end of a round table meeting of
donors, Senegal accepted to organize the trial on condition that an amount of
8.6 million Euros was made available to the country.
182. Looking at the attitude of the Senegalese authorities as a tactic intended
not to try Hissene Habré, Belgium requested the International Criminal Court
(ICC) on 19 February 2009 to direct Senegal to try Hissene Habré or extradite
him. At the request of the ICC, Senegal accepted to prevent Hissene Habré
from leaving its territory until the State had taken a final decision on the matter.
183. Meanwhile, Hissene Habré’s lawyers, fearing that the 2007 laws could be
used against their client, referred the case to the ECOWAS Court of Justice,
which in turn decided that « the mandate received (by Senegal) from the
African Union assigned the country the task of designing and suggesting all the
specific modalities for the prosecution and trial of Hissene Habré in strict
compliance with an ad hoc international special procedure 64».
62
Cf. Paragraph 10 of the ICC Decision of 17 May 2006, Communication 181/2001, Souleymane Guengueng and
others vs. the Government of Senegal
63
Cf. paragraphs 2 and 3 of the Decision on the Trial of Hissene Habré and the African Union,
Assembly/AU/Dec.127 (VII)
64
See ECOWAS Court of Justice, Order No ECW/CCJ/JUD/06/10 of 18 November 2010, the trial of Hissene Habré
vs. the Republic of Senegal, paragraph 61.
42