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02 August 2000
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2 August 2000
The Special Rapporteur on the Independence of Judges and Lawyers, Dato’ Param Cumaraswamy, and the Special Rapporteur on Torture, Sir Nigel Rodley, have expressed their concern to the Government of Senegal over the circumstances surrounding the recent dismissal of charges against Hissène Habré, the former President of Chad.
A criminal complaint filed in 1999 against Hissène Habré in Dakar Regional Court by several individuals and the Chadian Association of Victims of Political Repression and Crime (CVCRP) had led to his indictment on 3 February 2000 on charges of being an accomplice to torture (complicité d’actes de torture) and his placement under house arrest.
In a joint communication sent on 28 July 2000, the Special Rapporteurs of the United Nations Commission on Human Rights expressed their concern about the fact that the charges were subsequently dismissed several days after the Chief Investigating Judge of the Dakar Regional Court, who was the judge responsible for the indicting of Hissène Habré, was removed from the case and transferred from his position to the Dakar Court of Appeals. According to the information received by the Special Rapporteurs, the decision to remove the judge was taken on 30 June 2000 by the Superior Council of the Magistracy, headed by the President of Senegal and the Minister of Justice. The President of the Indicting Chamber, who delivered the judgment releasing Hissène Habré, was promoted from the court to a higher judicial position in the Council of State whilst the matter was still before the court. Finally, since 12 April 2000, Hissène Habré’s lawyer has been acting as special adviser on judicial matters to the President of the Republic of Senegal.
The Special Rapporteurs reminded the Government of Senegal of its obligations under the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment to which it is party. They also draw its attention to the latest resolution adopted by the Commission on Human Rights on the question of torture (resolution 2000/43) , in which the Commission stressed the general responsibility of all states to investigate allegations of torture and to ensure that those who encourage, order, tolerate or perpetrate such acts be held responsible and severely punished. Finally, the Special Rapporteurs called upon the Government of Senegal to ensure that the judiciary is able to independently and impartially investigate the allegations against Hissène Habré in accordance with Article 80 of the Constitution of Senegal and the United Nations Basic Principles on the Independence of the Judiciary.
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The Special Rapporteur on the Independence of Judges and Lawyers, Dato’ Param Cumaraswamy, and the Special Rapporteur on Torture, Sir Nigel Rodley, have expressed their concern to the Government of Senegal over the circumstances surrounding the recent dismissal of charges against Hissène Habré, the former President of Chad.
A criminal complaint filed in 1999 against Hissène Habré in Dakar Regional Court by several individuals and the Chadian Association of Victims of Political Repression and Crime (CVCRP) had led to his indictment on 3 February 2000 on charges of being an accomplice to torture (complicité d’actes de torture) and his placement under house arrest.
In a joint communication sent on 28 July 2000, the Special Rapporteurs of the United Nations Commission on Human Rights expressed their concern about the fact that the charges were subsequently dismissed several days after the Chief Investigating Judge of the Dakar Regional Court, who was the judge responsible for the indicting of Hissène Habré, was removed from the case and transferred from his position to the Dakar Court of Appeals. According to the information received by the Special Rapporteurs, the decision to remove the judge was taken on 30 June 2000 by the Superior Council of the Magistracy, headed by the President of Senegal and the Minister of Justice. The President of the Indicting Chamber, who delivered the judgment releasing Hissène Habré, was promoted from the court to a higher judicial position in the Council of State whilst the matter was still before the court. Finally, since 12 April 2000, Hissène Habré’s lawyer has been acting as special adviser on judicial matters to the President of the Republic of Senegal.
The Special Rapporteurs reminded the Government of Senegal of its obligations under the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment to which it is party. They also draw its attention to the latest resolution adopted by the Commission on Human Rights on the question of torture (resolution 2000/43) , in which the Commission stressed the general responsibility of all states to investigate allegations of torture and to ensure that those who encourage, order, tolerate or perpetrate such acts be held responsible and severely punished. Finally, the Special Rapporteurs called upon the Government of Senegal to ensure that the judiciary is able to independently and impartially investigate the allegations against Hissène Habré in accordance with Article 80 of the Constitution of Senegal and the United Nations Basic Principles on the Independence of the Judiciary.
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