PRESIDENT WADE AGREES TO PUT HISSENE HABRE ON

C O N F I D E N T I A L SECTION 01 OF 02 DAKAR 001608 SIPDIS SIPDIS STATE FOR S/WCI, AF/W, DRL/PHD, AF/RSA AND INR/AA PARIS FOR POL - D'ELIA E.O. 12958: DECL: 07/06/2011 TAGS: PHUM PGOV PREL KCOR KCRM CD SG SUBJECT: PRESIDENT WADE AGREES TO PUT HISSENE HABRE ON TRIAL IN SENEGAL REF: A. 05 DAKAR 02998 ¶B. 05 DAKAR 02886 ¶C. 05 DAKAR 02754 Classified By: DCM Robert P. Jackson for reasons 1.4 (b) and (d). SUMMARY -------------- ¶1. (C) The African Union (AU) has asked Senegal to adjudicate the case of former Chadian leader Hissene Habre. President Wade has agreed, although under certain conditions. Human Rights Watch, the most vocal advocate of Habre's alleged victims, is optimistic, but is urging the international community to press the Senegalese government to ensure a trial takes place quickly. END SUMMARY. THE AU SENDS THE HABRE CASE BACK TO SENEGAL -------------- ¶2. (U) The AU, meeting July 2 in Banjul, considered three options for handling the Habre case: (1) have Habre tried in Chad, (2) have him tried before the African Court of Human Rights, or (3) have him brought before a tribunal in Senegal. Ultimately, the AU leaders chose the third option. President Wade, who originally referred the question to the AU after Senegalese courts declared themselves incompetent to rule on a Belgian request for extradition, quickly reacted. He said, "We thought Senegal was the country best positioned to judge him, and I think we cannot shun our responsibility." He added, "Africans must be judged in Africa, which is why I refused the extradition of Hissene Habre to Belgium." WADE'S CONDITIONS -------------- ¶3. (U) Since Banjul, Wade has clarified his statements by adding conditions that must be met before Habre can be tried here. According to local daily "Le Populaire," Wade said Senegalese judges would travel to Chad and conduct an independent investigation of the case. He also requested Chadian authorities cooperate with the investigation and make all relevant documents available to Senegalese judges. Stressing the pan-African nature of the case, he urged the AU to finance the proceedings. ¶4. (U) Wade and the press have also zeroed in on the need to update Senegal's penal code, dating from 1965, to incorporate provisions of the 1984 international convention against torture. Without such revision, acts of torture committed outside of Senegal against non-Senegalese are not specifically prohibited. The law, as it now stands, permits adjudication only of cases of torture of Senegalese citizens. The vast majority of those claiming to be Habre's victims are Chadian nationals. HUMAN RIGHTS WATCH WEIGHS IN -------------- ¶5. (C) Reed Brody, Counsel to Human Rights Watch, spoke to the press to praise the decision to have Senegal try Habre, but added that Senegal must now act quickly. The first lawsuit against Habre was filed seven years ago, and two of the seven original plaintiffs have since died. Privately, he told us Human Rights Watch is very encouraged but still wary, given the case's history in Senegal. He noted that Habre was first charged in a Senegalese court in 2000, but Senegal's highest court ruled in 2001 that Habre could not be tried here. Wade then publicly stated he was willing to extradite Habre to Belgium; but when Belgium made an extradition request in 2005, Senegalese courts refused to rule on the request. Wade then asked the AU to consider the matter. ¶6. (C) Brody mentioned that, as these events unfolded, Habre supporters attempted to "buy off" everyone connected to the case. Brody said Senegalese judges and prosecutors confided to him they had been approached by an (unnamed) marabout and others bearing briefcases full of money (usually around USD 200,000 worth of CFA francs),asking the authorities to back off. He also noted a trial of this nature could cost up to USD one million. Realizing Wade's unwillingness or inability to cover these costs, Brody asked whether the USG would be able to provide any financial assistance or in-kind support, such as use of facilities or technical legal assistance; the Embassy made no commitment. Brody mentioned that he believed it even more critical for the U.S. and other countries to encourage Wade to push this trial forward. Brody confided that he has already discussed the matter with members of Congress, including Representative Christopher Smith, Chairman of the House Sub-committee on Africa, Global Human Rights and International Operations. Brody believes the DAKAR 00001608 002 OF 002 Human Rights Watch position has the Sub-committee's support. COMMENT -------------- ¶7. (C) Local newspaper Walfadjri reported July 3 that the Commission established over a year ago to update Senegal's penal code is defunct -- apparently due to lack of resources. Though Wade promised the Commission the money needed to complete its work, those promises were never acted on. As a result, members of the Commission stopped working more than eight months ago. This inevitably delays all attempts to incorporate the convention against torture into Senegal's laws. It also highlights the fact that the case may continue to drag on for longer than Human Rights Watch or the plaintiffs hope. END COMMENT. JACOBS