Chad: No Special Court for Habré, Says Senegal

13 July 2007

Dakar — The Senegalese government on Thursday announced that the trial of former Chadian President Hissene Habré will not take place in a special court as initially suggested.

"The option that we have decided to adopt is to try Mr. Hissene Habré's case in a criminal court," Cheikh Tidiane Sy, Senegal's justice minister said during a press conference in Dakar.

Earlier, a group of legal experts had estimated the cost of operating a special court at CFA 43 billion (U.S. $90 million), which Senegal considers "exorbitant."

A new study was then commissioned, this time focusing on a trial in an ordinary court. "The new budget is considerably lower, almost reduced by half," Sy said, although he didn't give a specific amount.

Habré has been living in exile in Senegal following his removal from power in 1990. He was first arrested in 2000 by Senegalese authorities and then released. In 2005 a Belgian judge issued an arrest warrant for him, but Senegal refused to extradite him, insisting instead that he will be tried in Africa. He is accused of crimes against humanity for alleged atrocities during his tenure as president of Chad from 1982 to 1990.

Sy gave no dates or specific timelines for the trial, and said the new option would require amending existing laws to avoid a jury trial, which he said is "subjective." The amendment will also seek to grant Habré the right to an appeal, which is currently not possible in the criminal court known as Cour d'Assises (Court of Assizes).

It is unclear whether this new option will satisfy human rights activists and victims' organizations. Last week a group of NGOs expressed dissatisfaction at the current pace of the prosecution, denouncing "dilatory maneuvers."

Sy gave an assurance that Senegal has the political will to try the case but said it had to ensure that the rights of all parties are fully preserved.

"Inasmuch as the victims are thirsting for justice, so too is Mr. Habré entitled to the full exercise of his rights under the law," he said.

In July 2006 the African Union asked the Senegalese government to try Habré "in the name of Africa," and both the AU and the European Union have pledged funding for a trial.

"We in Senegal cannot accommodate ourselves with expedited justice," Sy said, hinting that Habré's trial is not immediately imminent.

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