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