CAT/C/36/D/181/2001
page 15
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.
9.11 The Committee considers that, by refusing to comply with the extradition request, the
State party 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.
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.
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.
[Adopted in English, French and Spanish, the French text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
Notes
1
In accordance with rule 103 of the Committee’s rules of procedure, Mr. Guibril Camara did
not take part in the Committee’s deliberations on this case.
2
According to the press release, “[t]he Special Rapporteur on the independence of judges and
lawyers, Mr. Dato Param Cumaraswamy, and the Special Rapporteur on the question of torture,
Sir Nigel Rodley, have expressed their concern to the Government of Senegal over the
circumstances surrounding the recent dismissal of charges against Hissène Habré, the former
President of Chad. […] The Special Rapporteurs reminded the Government of Senegal of its
obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, to which it is party. They also draw its attention to the resolution
adopted this year by the Commission on Human Rights on the question of torture
(resolution 2000/43), in which the Commission stressed the general responsibility of all States
to examine all allegations of torture and to ensure that those who encourage, order, tolerate or
perpetrate such acts be held responsible and severely punished”.