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(Source picture: Rama/Wikipedia)

(Source picture: Rama/Wikipedia)

Office of the Public Prosecutor v. Hissène Habré

Court First Investigative Chamber, Court of First Instance of N’Djaména, Chad
Case number 135
Decision title Ordinance of Non-Competence
Decision date 23 November 2000
Parties
  • Office of the Public Prosecutor
  • Hissène Habré
Categories Crimes against humanity
Keywords crimes against humanity, jurisdiction, Murder, torture
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Summary

Hissène Habré was the President of the Republic of Chad from 1982 until 1990. During that time, he established a brutal dictatorship which, through its political police, the Bureau of Documentation and Security (Direction de la Documentation et de la Sécurité (DDS)), caused the deaths of tens of thousands of individuals. Habré as well as members of the DDS, and its specialised branch the Special Rapid Action Brigade (Brigade Spéciale d'Intervention Rapide (BSIR)) were named in complaints filed by victims of the regime before the Court of First Instance in N’Djaména.

The Court held, however, that in light of an ordinance establishing a special criminal court of justice to try Habré and the other officials of the regime, it had no jurisdiction to proceed with the case or admit the complaints of the parties. This decision is the first in a long line of case-law spanning proceedings in Chad, Senegal, Belgium and The Netherlands attempting to bring Habré to justice.

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Procedural history

On 27 February 1993, a special criminal court was established by ordinance with a view to judging Hissène Habré, his joint perpetrators and accomplices, and the former superiors and subordinates of the DDS.

On 26 October and 15 November 2000, forty individual and two group complaints were filed with the registrar of the investigating judge by the victims of the former President of Chad, Hissène Habré against all the Directors, Heads of Service and members of the Bureau of Documentation and Security (Direction de la Documentation et de la Sècuritè (DDS)) and members of its subsidiary, the Special Rapid Action Brigade (Brigade Spéciale d'Intervention Rapide (BSIR)).

On 22 November 2000, the Prosecutor’s office filed a motion requesting the Court to declare itself incompetent to admit the complaints of the civilian parties.

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Related developments

On 25 January 2000, Chadian victims residing in Dakar, Senegal, filed a complaint against Hissène Habré for crimes against humanity before the Senegalese courts.

On 4 July 2000, the Court of Appeal of Dakar declared itself incompetent to try the case as Senegalese law did not provide for crimes against humanity. This decision was upheld by Senegal’s highest court, the Cour de cassation, by a decision of 20 March 2001.

On 8 May 2003, other victims of Habré instituted proceedings against the latter before the Belgian courts in application of a law providing for universal jurisdiction in the country. In September 2005, Belgium issued an arrest warrant for Habré and requested his extradition from Senegal.

By a decision of 25 November 2005, the Court of Appeal of Dakar rejected the extradition request on the grounds that the former Head of State enjoyed immunity from prosecution.

On 15 August 2008, the criminal court in N’Djaména tried Habré in absentia and sentenced him to death for crimes against humanity.

In October 2008, Habré requested a declaration of the Court of Justice of the Economic Community of States of West Africa (ECOWAS) to the effect that Senegal had violated his human rights by disregarding fundamental legal principles. By a decision of 18 November 2010, the Court replied that Habré must be treated in accordance with international law and customs.

In February 2009, Belgium introduced proceedings against Senegal before the International Court of Justice requesting the Court to order the Senegalese authorities to maintain Habré under house arrest.

By a decision of 20 July 2012, the ICJ ordered Senegal to either prosecute or extradite Habré so that he may stand trial without further delay. 

On 22 August 2012, Senegal and the African Union signed an agreement to establish the Extraordinary African Chambers in Senegal to prosecute, amongst others, Habré for crimes committed by his regime in Chad.

Habre (again) brought a suit at the ECOWAS Court seeking an order for the immediate suspension of all investigations and proceedings, alleging that the EAC were an illegitimate court and that his trial would be unfair. However, on 5 November 2013, the Court held that since the EAC was established pursuant to a treaty between Senegal and the AU, it had no jurisdiction to rule on the case. The case was dismissed, clearing the way for the trial to start.

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Legally relevant facts

Hissène Habrè was the President of Chad from 1982 until 1990 and he imposed a brutal dictatorship in his country, characterised by a persistent violation of human rights. Its political police, the Bureau of Documentation and Security (DDS) is alleged to have caused the deaths of tens of thousands of individuals in the country. 

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Core legal questions

  • Is the Court competent to proceed with the case against Habré and can the victims who have filed complaints be admitted as parties to the proceedings?

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Specific legal rules and provisions

  • Ordinance 004/PR/MJ/93 of 27 February 1993.

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Court's holding and analysis

Considering that the ordinance of 27 February 1993 providing for the establishment of a special criminal court of justice to try Habré is still valid and has not yet been repealed, it automatically divests the common law courts of jurisdiction to hear the case. The Court of First Instance of N’Djaména is therefore incompetent until such time as the ordinance has been annulled.

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Instruments cited

  • Ordinance 004/PR/MJ/93 of 27 February 1993.

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Related cases

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Additional materials