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CHAD: AU balks at Habre extradition, asks African jurists to study case |
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 DAKAR, 25 Jan 2006 (IRIN) - The African Union for now has sidestepped a
decision on the legal fate of ex-Chadian leader Hissene Habre, opting
to create a panel of African jurists to advise on bringing him to trial
for alleged political killings and torture.
But human rights
campaigners anxious to see him placed on trial believe his extradition
to Belgium in line with a September 2005 court request remains the best
solution to see justice done.
Habre, who has lived in exile in Senegal for 15 years, is accused of
instigating tens of thousands of cases of political killings and
torture during his rule in Chad from 1982 to 1990.
His case
came before the AU after a Senegalese court said it was not competent
to rule on the Belgian extradition request, and President Abdoulaye
Wade subsequently decided not to hand over Habre but instead asked the
AU to make a recommendation.
At its summit in the Sudan capital
Khartoum, the AU passed a resolution calling for a panel of "eminent
African jurists" to rule on how and where he should be tried. The
committee is to report back at the next AU meeting in the Gambian
capital, Banjul, in July.
Saying it believed that no crime
should go unpunished, the 53-nation AU in its resolution underscored
its �total rejection of impunity� and �its commitment to fight against
impunity.�
The resolution calls for "favouring an African mechanism."
The
idea of trying a former African head of state in a European courtroom
has riled many Africans as a neo-colonial move, particularly in Senegal
where Habre has lived for so many years. But others disagree.
�Extraditing
Habre to Belgium is the most realistic option for ensuring a prompt and
fair trial,� Human Rights Watch (HRW) lawyer Reed Brody told IRIN by
phone from Khartoum. He said the Habre case �must not be allowed to
drag on or to become a political football.�
While Habre lawyers
say extradition is no longer an option since last year�s Senegalese
ruling, HRW was quick to point out this week that the Belgian arrest
warrant and extradition request still stand, and that African leaders
have not ruled out a handover.
Brody said judging Habre in
Africa, as many African leaders have urged, would pose a huge
challenge. �Creating an ad hoc African tribunal to try Habre would
entail enormous political will, years of delay and costs of at least US
$100 million.�
But Habre lawyer Doudou Ndoye said the AU ruling
came down to a no to extradition to Belgium. �The decision consitutes a
refusal to extradite Hissene Habre to Belgium,� he told IRIN on
Wednesday. �It�s the right decision.�
He did not want to
comment on the possibility of his client one day facing a judge in
Africa, saying only, �With respect to Belgium, it�s closed.�
For people detained during Habre�s rule, the AU decision only prolongs a gruelling wait.
�We
have waited 15 years,� Ibrahim Hachim Abdallah, head of the Chadian
Association of Victims of Political Repression and Crime, told IRIN
from Khartoum. He was detained for two years by the Habre
administration. �We are still suffering today�We are tired.�
Victims groups say they are far from giving up their fight.
A
group of Chadians first brought a case against Habre in Senegal in
2000. A Senegalese court charged the ex-president with torture and
crimes against humanity, placing him under house arrest, but the
following year a higher court said Habre could not stand trial there
for crimes allegedly committed elsewhere.
Chadians in Belgium
later filed suit under the country�s �universal jurisdiction,� which
allows for prosecution of crimes against humanity committed anywhere in
the world.
Abdourahmane Gueye, whose friend and business
partner, Demba Gaye, died in Chad while the two were detained in 1987,
told IRIN he is dismayed that African leaders have yet again put off a
decision on Habre.
�How many thousands of people are still suffering today? It�s unacceptable to drag this out.� |
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