2. Given that the State party has an obligation
to proceed with the trial or extradite
Mr. Habré, the same should not be conditional
upon the receipt by the State party of financial
assistance. The complainants assume that this
request is made to ensure that a trial is carried
out in the best possible conditions.
3. Irrespective of what the African Union has
decided with respect to this affair, it can have
no implications as to the State party’s
obligation to recognize this affair and to
submit it to the competent jurisdiction.
On 19 October 2007, counsel expressed
concern at the fact that 17 months after the
Committee had taken its decision, no criminal
proceedings had yet been initiated in the State
party and no decision regarding extradition
had been taken. He emphasized that time was
very important for the victims and that one of
the complainants had died as a result of the
ill-treatment suffered during Habré’s regime.
Counsel requested the Committee to continue
engaging the State party under the follow-up
procedure.
On 7 April 2008, counsel reiterated his
concern that despite the passage of 21 months
since the Committee’s decision, Mr. Habré
has still neither been brought to trial nor
extradited. He recalls that the Ambassador, in
his meeting with the Special Rapporteur
during the November session of the
Committee in 2007, indicated that the
authorities were waiting for financial support
from the international community.
Apparently, this request for aid was made in
July 2007 and responses were received from,
among other countries, the European Union,
France, Switzerland, Belgium and the
Netherlands. These countries indicated that
they would be prepared to assist financially as
well as technically. The Senegalese authorities
assured the victims last November that
proceedings would not be held up but to date
no date has been fixed for criminal action.
130
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