Due date for State party response
16 August 2006
Date of reply
8 March 2007 (had previously responded on
18 August and 28 September 2006).
State party response
On 18 August 2006, the State party denied that it
had violated the Convention, and reiterated its
arguments on the merits, including its argument on
article 5 that under the Convention a State party is
not obliged to meet its obligations within a
particular time. The extradition request was dealt
with under national law applicable between the
State party and States with which it does not have
an extradition treaty. It stated that any other way of
handling this case would have violated national
law. The integration of article 5 into domestic law
is in its final stage and the relevant text would be
examined by the Legislative Authority. To avoid
possible impunity, the State party submitted that it
had deferred the case to the African Union for
consideration, thus avoiding a violation of
article 7. As the African Union had not yet
considered the case at that point, it would be
impossible to provide the complainants with
compensation.
On 28 September 2006, the State party informed
the Committee that the Committee of Eminent
Jurists of the African Union had taken the decision
to entrust Senegal with the task of trying
Mr. Habré of the charges against him. It stated that
its judicial authorities were looking into the
judicial feasibility and the necessary elements of a
contract to be signed between the State party and
the African Union on logistics and finance.
On 7 March 2007, the State party provided the
following update. It submitted that on
9 November 2006, the Council of Ministers had
adopted two new laws relating to the recognition
of genocide, war crimes, and crimes against
humanity as well as universal jurisdiction and
judicial cooperation. The adoption of these laws
fills the legal gap which had prevented the State
party from recognizing the Habré case. On
23 November 2006, a working group was set up to
consider the necessary measures to be taken to try
Mr. Habré in a fair manner. This working group
has considered the following: texts of the
113
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents