Senegal: Dakar Charged Over Delay in Habré's Trial

Senegal's government is accused of blocking the lawsuit introduced before Dakar courts by victims who suffered torture under the rule of former Chadian President Hissen Habré.

In an interview with the French newspaper Libération, counsel Jacqueline Moudeina, president of the Chadian Association for the Promotion and the Defense of Human rights (ATPDH), revealed that Dakar claimed about "66 million euros to the African Union (AU) and the international community as monies to be used for the construction of a new court building in Dakar and payment for the judges who would try Hissen Habré» in what is yet seen as an hypothetical lawsuit.

The Banjul 2006 African Union summit summonned the Senegalese authorities to ensure that the former Chadian dictator who hides in Dakar since the collapse of his regime in 1990, stands trial before a court of law so as to answer charges of torture, kidnapping and murder that he is alleged to have committed while being his country's head of state.

However the recently ended Accra AU summit failed to renew such a call to the Senegalese authorities thus prompting the swift reaction of several human rights organisation including many in Dakar.

The former president of Senegal's branch of Amnesty International, Lawyer Demba Ciré Bathily told the Senegalese News Agency, Aps, that "no legal obstacle could now justify the absence of Habré's trial. Technically and juridically, nothing is opposed to the opening of a lawsuit as all necessary elements exist to put Hissen Habré on trial", Lawyer Bathily said. He however added that « the only missing clue in this saga is political will from the Senegalese government ".

To support his view, Samba Ciré Bathily who is an expert in Senegal's law points out the January 25, 2007 amendment of Senegal's criminal act adopted by the National Assembly that gives power to Dakar courts to hear Habré. "

Bathily is therefore categorical in his analysis, "the Senegalese juridictions are now qualified to try Chad's former president" while according to him, the State of Senegal must comply with its international engagements ".

In the same vein, the Executive Secretary of the Dakar based African human rights organisation (RADDHO), Alioune Tine, asked for the establishment of a follow-up mechanism that will fasten the ex Chadian leader's lawsuit.

Mr. Tine said "it's disturbing to hear the victims talking about the delay in this issue". According to him "the victims suspicion as regards the State of Senegal's will to judge Habré is justified".

Victims and human rights activists now openly raise conflicts of interests as the root cause of the low pace that followed the Banjul 2006 AU resolution. Many of them claim that "Hissène Habré lawyers have since become influential personalities in Senegal's government".

RADDHO's Alioune Tine said "the Habré issue will remain at stand still as long as Cheikh Tidiane Sy remains Senegal's Attorney General and Minister of justice. His office contacted by the Senegalese APS news agency replied that Cheikh Tidiane Sy was not available for comments.