Communication N° 181/2001
Submitted by: Suleymane Guengueng et al.
Alleged victims: The complainants
State party: Senegal
Date of adoption of Views: 17 May 2006
Subject matter: prosecution of former Chadian
President Hissène Habré for acts of torture
in Chad
have disappeared: on the basis of developments in
international law and the case law of various
international bodies, the complainants consider this
equivalent to torture and other inhuman and
degrading treatment, both for the disappeared
persons and, in particular, for their relations.
Procedural issue: jurisdiction over complainants
Substantive issues: jurisdiction over torture offences;
duty to prosecute or to extradite
2.3 After being ousted by the current President of
Chad, Idriss Déby, in December 1990, Hissène
Habré took refuge in Senegal, where he has since
resided. In January 2000, the complainants lodged a
complaint against him with an examining magistrate
in Dakar. On 3 February 2000, the examining
magistrate charged Hissène Habré with being an
accomplice to acts of torture, placed him under
house arrest and opened an inquiry against a person
or persons unknown for crimes against humanity.
Articles of the Convention: 5, paragraph 2; 7
1.1 The complainants are Suleymane Guengueng,
Zakaria Fadoul Khidir, Issac Haroun, Younous
Mahadjir, Valentin Neatobet Bidi, Ramadane
Souleymane and Samuel Togoto Lamaye
(hereinafter “the complainants”), all of Chadian
nationality and living in Chad. They claim to be
victims of a violation by Senegal of article 5,
paragraph 2, and article 7 of the Convention against
Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (hereinafter “the
Convention”).
2.4 On 18 February 2000, Hissène Habré applied
to the Indictment Division of the Dakar Court of
Appeal for the charge against him to be dismissed.
The complainants consider that, thereafter, political
pressure was brought to bear to influence the course
of the proceedings. They allege in particular that,
following this application, the examining magistrate
who had indicted Hissène Habré was transferred
from his position by the Supreme Council of Justice
and that the President of the Indictment Division
before which the appeal of Hissène Habré was
pending was transferred to the Council of State.
1.2 Senegal ratified the Convention on 21 August
1986 and made the declaration under article 22 of
the Convention on 16 October 1996.
1.3 In accordance with article 22, paragraph 3, of
the Convention, the Committee brought the
communication to the attention of the State party on
20 April 2001. At the same time, the Committee,
acting under article 108, paragraph 9, of its rules of
procedure, requested the State party, as an interim
measure, not to expel Hissène Habré and to take all
necessary measures to prevent him from leaving the
territory other than under an extradition procedure.
The State party acceded to this request.
2.5 On 4 July 2000, the Indictment Division
dismissed the charge against Hissène Habré and the
related proceedings on the grounds of lack of
jurisdiction, affirming that “Senegalese courts
cannot take cognizance of acts of torture committed
by a foreigner outside Senegalese territory,
regardless of the nationality of the victims: the
wording of article 669 of the Code of Criminal
Procedure excludes any such jurisdiction.”
Following this ruling, the Special Rapporteurs on the
question of torture and on the independence of
judges and lawyers of the United Nations
Commission on Human Rights expressed their
concerns in a press release dated 2 August 2000.1
The facts as submitted by the complainants
2.1 Between 1982 and 1990, when Hissène Habré
was President of Chad, the complainants were
purportedly tortured by agents of the Chadian State
answerable directly to President Hissène Habré. The
acts of torture committed during this period formed
the subject of a report by the National Commission
of Inquiry established by the Chadian Ministry of
Justice; according to that report 40,000 political
murders and systematic acts of torture were
committed by the Habré regime.
1
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. […]
2.2 The complainants have submitted to the
Committee a detailed description of the torture and
other forms of ill-treatment that they claim to have
suffered. Moreover, relatives of two of them,
Valentin Neatobet Bidi and Ramadane Souleymane,
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