Identifier
Created
Classification
Origin
06DAKAR1608
2006-07-06 15:49:00
CONFIDENTIAL
Embassy Dakar
Cable title:  

PRESIDENT WADE AGREES TO PUT HISSENE HABRE ON

Tags:  PHUM PGOV PREL KCOR KCRM CD SG 
pdf how-to read a cable
VZCZCXRO0849
PP RUEHPA
DE RUEHDK #1608/01 1871549
ZNY CCCCC ZZH
P 061549Z JUL 06
FM AMEMBASSY DAKAR
TO RUEHC/SECSTATE WASHDC PRIORITY 5652
INFO RUEHZK/ECOWAS COLLECTIVE
RUEHBS/AMEMBASSY BRUSSELS 0729
RUEHNJ/AMEMBASSY NDJAMENA 0652
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
-------
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