CAT/C/36/D/181/2001 page 6 human rights conventions, drawing as it does on the models of collective security of Tokyo and The Hague, dominated by the principle of jurisdictional freedom, aut dedere aut prosequi, as well as by the obligation to prosecute”.7 3.9 The complainants stress that the Committee itself, when considering the third periodic report of the United Kingdom concerning the Pinochet case, recommended “initiating criminal proceedings in England, in the event that the decision is made not to extradite him. This would satisfy the State party’s obligations under articles 4 to 7 of the Convention and article 27 of the Vienna Convention on the Law of Treaties of 1969”.8 3.10 While in its second periodic report to the Committee it described in detail the mechanism for implementing article 7 in its territory, the State party has neither prosecuted nor extradited Hissène Habré, and this the complainants consequently regard as a violation of article 7 of the Convention. Compensation 3.11 The complainants state that they have been working for over 10 years to prepare a case against Hissène Habré and that the latter’s presence in the State party together with the existence of international commitments binding upon Senegal have been decisive factors in the institution of proceedings against him. The decision by the authorities of the State party to drop these proceedings has therefore caused great injury to the complainants, for which they are entitled to seek compensation. 3.12 In particular, the complainants request the Committee to find that: − By discontinuing the proceedings against Hissène Habré, the State party has violated article 5, paragraph 2, and article 7 of the Convention; − The State party should take all necessary steps to ensure that Senegalese legislation complies with the obligations deriving from the above-mentioned provisions. The complainants note in this connection that, while the findings of the Committee are only declaratory in character and do not affect the decisions of the competent national authorities, they also carry with them “a responsibility on the part of the State to find solutions that will enable it to take all necessary measures to comply with the Convention”,9 measures that may be political or legislative; − The State party should either extradite Hissène Habré or submit the case to the competent authorities for the institution of criminal proceedings; − If the State party neither tries nor extradites Hissène Habré, it should compensate the complainants for the injury suffered, by virtue inter alia of article 14 of the Convention. The complainants also consider that, if necessary, the State party should itself pay this compensation in lieu of Hissène Habré, following the principle established by the European Court of Human Rights in the case of Osman v. the United Kingdom;10 − The State party should compensate the complainants for the costs they have incurred in the proceedings in Senegal; and

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