CAT/C/36/D/181/2001
page 9
Committee notes, the complainants in this case accepted Senegalese jurisdiction in order to
pursue the proceedings against Hissène Habré which they instituted. On the basis of these
elements, the Committee is of the opinion that the authors are indeed subject to the jurisdiction
of Senegal in the dispute to which this communication refers.
6.4
The Committee also considers that the principle of universal jurisdiction enunciated in
article 5, paragraph 2, and article 7 of the Convention implies that the jurisdiction of States
parties must extend to potential complainants in circumstances similar to the complainants’.
6.5
Accordingly, the Committee against Torture declared the communication admissible
on 13 November 2001.
The State party’s observations on the merits
7.1
The State party transmitted its observations on the merits by note verbale
dated 31 March 2002.
7.2
The State party points out that, in accordance with the rules of criminal procedure,
judicial proceedings in Senegal opened on 27 January 2000 with an application from the public
prosecutor’s office in Dakar for criminal proceedings to be brought against Hissène Habré as an
accessory to torture and acts of barbarism and against a person or persons unknown for torture,
acts of barbarism and crimes against humanity. Hissène Habré was charged on both counts on
3 February 2000 and placed under house arrest. On 18 February 2000, Hissène Habré submitted
an application for the proceedings to be dismissed on the grounds that the Senegalese courts
were not competent, that the charges had no basis in law, and that the alleged offences were
time-barred.
7.3
On 4 July 2000, the Indictment Division of the Court of Appeal dismissed the
proceedings. On 20 March 2001, the Court of Cassation rejected the appeal lodged by the
complainants (plaintiffs). That ruling, handed down by the highest court in Senegal, thus
brought the proceedings to an end.
7.4
Regarding the allegations that the executive put pressure on the judiciary, in particular by
transferring and/or removing the judges trying the case, namely the chief examining magistrate
and the President of the Indictment Division, the State party reminds the Committee that the
President of the Indictment Division is primus inter pares in a three-person court and is thus in
no position to impose his or her views. The other two members of the Indictment Division were
not affected by the reassignment of judges, which in any case was an across-the-board measure.
7.5
It is also important to bear in mind that any country is free to organize its institutions as it
sees fit in order to ensure their proper functioning.
7.6
The independence of the judiciary is guaranteed by the Constitution and the law. One
such guarantee is oversight of the profession and rules of conduct of the judiciary by the Higher
Council of the Judiciary, whose members are judges, some of them elected and others appointed.
Appeals may be lodged when the appointing authority is accused of having violated the principle
of the independence of the judiciary.