submitting the case to its own judicial authorities for the institution of criminal proceedings, the objective of the provision being to prevent any act of torture from going unpunished. has again failed to perform its obligations under article 7 of the Convention. 9.12 The Committee against Torture, acting under article 22, paragraph 7, of the Convention, concludes that the State party has violated article 5, paragraph 2, and article 7 of the Convention. 9.8 The Committee considers that the State party cannot invoke the complexity of its judicial proceedings or other reasons stemming from domestic law to justify its failure to comply with these obligations under the Convention. It is of the opinion that the State party was obliged to prosecute Hissène Habré for alleged acts of torture unless it could show that there was not sufficient evidence to prosecute, at least at the time when the complainants submitted their complaint in January 2000. Yet, by its decision of 20 March 2001, which is not subject to appeal, the Court of Cassation put an end to any possibility of prosecuting Hissène Habré in Senegal. 9.9 Consequently and notwithstanding the time that has elapsed since the initial submission of the communication, the Committee is of the opinion that the State party has not fulfilled its obligations under article 7 of the Convention. 10. In accordance with article 5, paragraph 2, of the Convention, the State party is obliged to adopt the necessary measures, including legislative measures, to establish its jurisdiction over the acts referred to in the present communication. Moreover, under article 7 of the Convention, the State party is obliged to submit the present case to its competent authorities for the purpose of prosecution or, failing that, since Belgium has made an extradition request, to comply with that request, or, should the case arise, with any other extradition request made by another State, in accordance with the Convention. This decision in no way influences the possibility of the complainants’ obtaining compensation through the domestic courts for the State party’s failure to comply with its obligations under the Convention. 9.10 Moreover, the Committee finds that, since 19 September 2005, the State party has been in another situation covered under article 7, because on that date Belgium made a formal extradition request. At that time, the State party had the choice of proceeding with extradition if it decided not to submit the case to its own judicial authorities for the purpose of prosecuting Hissène Habré. 11. Bearing in mind that, in making the declaration under article 22 of the Convention, the State party recognized the competence of the Committee to decide whether or not there has been a violation of the Convention, the Committee wishes to receive information from the State party within 90 days on the measures it has taken to give effect to its recommendations. 9.11 The Committee considers that, by refusing to comply with the extradition request, the State party Communication N° 187/2001 Submitted by: Mr. Dhaou Belgacem THABTI (represented by the non-governmental organization Vérité-Action) Alleged victim: The complainant State party: Tunisia Declared admissible: 20 November 2002 Date of adoption of Views: 14 November 2003 Subject matter: torture of complainant by police and intelligence services against those responsible for torture; lack of investigation of the acts of torture and examination of the allegations of torture; hindrance to the right to make a complaint, right to redress and rehabilitation; sentence based on a confession obtained as a result of torture; cruel, inhuman and degrading treatment or punishment Procedural issues: exhaustion of domestic remedies; abuse of right to lodge a complaint Substantive issues: failure to take effective measures to prevent torture; failure to ensure all acts of torture are offences under its criminal law; use of evidence obtained as a result of torture; failure to institute legal proceedings Articles of the Convention: 1, 2 (1), 4, 5, 12, 13, 14, 15, 16 107