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 National Assembly on legal
changes to remove obstacles highlighted
during the consideration of the request for
extradition on 20 September 2005; a
framework for the infrastructural, legislative
and administrative changes necessary to
conform with the African Union’s request for
a fair trial; measures to be taken in the
diplomatic sphere to ensure cooperation
between all of the countries concerned as well
as other States and the African Union;
security issues; and financial support. These
elements were included in a report to the
African Union during its eighth session which
was held between 29 and 30 January 2007.
127
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