CAT/C/36/D/181/2001 page 11 7.14 While the Committee has stressed the need for States parties to take appropriate legislative measures to ensure universal jurisdiction over crimes of torture, the manner in which this procedure is accomplished cannot be dictated. Senegal is engaged in a very complex process that must take account of its status as a developing State and the ability of its judicial system to apply the rule of law. 7.15 The State party points out that the difficulty of ensuring the absolute application of universal jurisdiction is commonly acknowledged. It is therefore normal to provide for different stages of its application. 7.16 However, the absence of domestic codification of universal jurisdiction has not allowed Hissène Habré complete impunity. Senegal applies the principle aut dedere aut judicare. Any request for judicial assistance or cooperation is considered benignly and granted insofar as the law permits, particularly when the request relates to the implementation of an international treaty obligation. 7.17 In the case of Hissène Habré, Senegal is applying article 7 of the Convention. The obligation to extradite, unless raised at another level, has never posed any difficulties. Consequently, if a request is made for application of the other option under the principle aut dedere aut judicare, there is no doubt that Senegal will fulfil its obligations. On the request for financial compensation 7.18 In violation of the principle Electa una via non datur recursus ad alteram (once a course of action is chosen, there is no recourse to another), the complainants have also instituted proceedings against Hissène Habré in the Belgian courts. The State party believes that, in the circumstances, to ask Senegal to consider financial compensation would be a complete injustice. 7.19 The Belgian Act of 16 June 1993 (as amended by the Act of 23 April 2003) relating to the suppression of serious violations of international humanitarian law introduces significant departures from Belgian criminal law in both procedure and substance. A Belgian examining magistrate has been assigned, and pretrial measures have been requested, just as they had been in Senegal. The State party maintains that it is advisable to let these proceedings follow their course before considering compensation of any kind. Observation of the complainants on the merits 8.1 In a letter dated 1 July 2002, the complainants submitted their observations on the merits. On the violation of article 5, paragraph 2, of the Convention 8.2 With regard to the State party’s argument that there is no specific time frame for complying with its obligations under the Convention, the complainants’ principal contention is that the State party was bound by the Convention from the date of its ratification. 8.3 According to article 16 of the Vienna Convention on the Law of Treaties (hereinafter “the Vienna Convention”), “unless the treaty otherwise provides, instruments of ratification,