The report underlined the necessity to
mobilize financial resources from the
international community.
On 31 July 2007 the State party informed the
Committee that, contrary to the statement of
counsel, the crime of torture is defined in
article 295-1 of Law No. 96-15 and its scope
has been strengthened by article 431-6 of
Law 2007-02. It also emphasizes that the
conduct of proceedings against Mr. Habré
require considerable financial resources. For
this reason, the African Union invited its
member States and the international
community to assist Senegal in that respect.
Furthermore, the proposals made by the
working group referred to above regarding the
trial of Mr. Habré were submitted to the
8th Conference of Heads of State and
Government of the African Union and
approved. The Senegalese authorities are
evaluating the cost of the proceedings and a
decision in that respect will be adopted soon.
In any case, they intend to fill the mandate
given to them by the African Union and to
meet Senegal’s treaty obligations.
On 17 June 2008, the State party confirmed
the information provided by the State party’s
representative to the Rapporteur during its
meeting on 15 May 2008. It submits that the
passing of a law which will amend its
constitution will shortly be confirmed by
Parliament. This law will add a new paragraph
to article 9 of the Constitution which will
circumvent the current prohibition on the
retroactivity of criminal law and allow
individuals to be judged for crimes including
genocide, crimes against humanity and war
crimes, which were considered crimes under
international law at the time in which they
were committed. On the issue of the budget,
the State party submits that the figure of
18 million francs CFA (equivalent to around
43,000 USD) was the initial figure
anticipated. That a counter proposal has been
examined by the cabinet and that once this
report is final a meeting will be organized in
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