Search results

The appellant, Michel Gatera, was convicted by the Court of First Instance of Kibuye of genocide for his role in leading three sisters to a location where he knew they would subsequently be executed by a group of assailants. Two of the sisters died, the third survived as a result of circumstances outside the control of the perpetrators and testified against the appellant at trial. The Court of Appeal of Kigali, however, overturned the conviction and acquitted Gatera on the ground that there was no proof that established that Gatera had indeed led the three victims to their place of execution. The testimonial evidence relied upon by the Court of First Instance was found to be not reliable and contradictory. 

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.