Identifier
Created
Classification
Origin
07DAKAR1452
2007-07-11 11:13:00
CONFIDENTIAL
Embassy Dakar
Cable title:
HISSENE HABRE PROSECUTION STALLED
how-toVZCZCXRO9178 PP RUEHPA DE RUEHDK #1452 1921113 ZNY CCCCC ZZH P 111113Z JUL 07 FM AMEMBASSY DAKAR TO RUEHC/SECSTATE WASHDC PRIORITY 8757 INFO RUEHZK/ECOWAS COLLECTIVE RUEHBS/AMEMBASSY BRUSSELS 0819 RUEHNJ/AMEMBASSY NDJAMENA 0767
C O N F I D E N T I A L DAKAR 001452
SIPDIS
SIPDIS
STATE FOR S/WCI, DRL/AE AF/W, AF/RSA AND INR/AA
PARIS FOR POL - D'ELIA
E.O. 12958: DECL: 07/11/2017
TAGS: PHUM KJUS PINR SG CD
SUBJECT: HISSENE HABRE PROSECUTION STALLED
Classified By: POLITICAL OFFICER OSMAN N. TAT FOR REASONS 1.4 (B) AND (
D).
SUMMARY
-------
C O N F I D E N T I A L DAKAR 001452
SIPDIS
SIPDIS
STATE FOR S/WCI, DRL/AE AF/W, AF/RSA AND INR/AA
PARIS FOR POL - D'ELIA
E.O. 12958: DECL: 07/11/2017
TAGS: PHUM KJUS PINR SG CD
SUBJECT: HISSENE HABRE PROSECUTION STALLED
Classified By: POLITICAL OFFICER OSMAN N. TAT FOR REASONS 1.4 (B) AND (
D).
SUMMARY
--------------
1. (C) International and domestic press are reporting
accusations by human rights groups that Senegal is &dragging
its feet8 on prosecuting former Chadian President Hissene
Habre. Stephen Rapp, Special Prosecutor for Sierra Leone,
discussed the issue during March 2007 meeting with Ambassador
Jacobs and Senegalese officials. Reed Brody from Human
Rights Watch has also visited Senegal to urge progress but
heard that Senegal wants 66 million euros to create a special
court to try Habre. END SUMMARY.
BACKGROUND
--------------
2. (SBU) Since his arrest in February 2000, Habre has yet to
face charges that he allegedly sanctioned 40,000 politically
motivated murders and had 200,000 people tortured during his
eight-year presidency. Maintaining that they did not have
jurisdiction over crimes committed in Chad, Senegal had
refused to put him on trial. President Wade gave Habre a
month to leave the country, but the UN intervened, afraid
that he may be exiled to a country where he would escape
prosecution. In 2005, Belgium issued an arrest warrant to
try Habre in its courts which, because they are based on
universal law, can try human rights abuses regardless of
where they are committed. Senegal refused to extradite him.
RECENT DEVELOPMENTS AND CURRENT STATUS
--------------
3. (SBU) In 2006 the African Union (AU) mandated that Habre
be prosecuted, and while Senegalese law was then modified to
permit him to be tried, the process stalled over the
allocation of funds for a new courthouse. Human rights
groups, as well as the victim,s representatives, assert that
a trial can easily take place in current structures. Time is
now becoming a major issue for those seeking to prosecute
Habre as many of the surviving witnesses of his regime,s
alleged brutality are dying. Senegal continues to ignore a
May 2006 UN ruling that it has violated the UN Convention
against Torture by failing to prosecute or extradite him.
The European Union expressed a willingness to help
financially with the trial, but has yet to be contacted by
Senegal. Some speculate that Habre will remain immune from
prosecution because he maintains close ties to government
ministers and to the Tidjane brotherhood through his
friendship with Senior Minister of Justice Cheikh Tidiane Sy.
4. (U) Stephen Rapp, Special Prosecutor for Sierra Leone,
discussed the issue during March 2007 meetings with
Ambassador Jacobs and Senegalese officials. Reed Brody from
Human Rights Watch has also visited Senegal to urge progress
but heard that Senegal wants 66 million euros to create a
special court to try Habre.
COMMENT
--------------
5. (C) Citing &African solutions to African problems8 the
AU is adamant that Senegal should host Habre,s trial rather
than Belgium. The AU,s credibility continues to be
tarnished by this inability to demonstrate its authority over
member states. The initial opposition between an African and
a European trial has now boiled down to a conflict between
holding a trial versus none at all. Human rights groups
believe that with Minister Sy on his side, Habre will never
be tried.
6. (U) Visit Embassy Dakar,s SIPRNET Web site at
http://www.state.sgov.gov/p/af/dakar.
JACOBS
SIPDIS
SIPDIS
STATE FOR S/WCI, DRL/AE AF/W, AF/RSA AND INR/AA
PARIS FOR POL - D'ELIA
E.O. 12958: DECL: 07/11/2017
TAGS: PHUM KJUS PINR SG CD
SUBJECT: HISSENE HABRE PROSECUTION STALLED
Classified By: POLITICAL OFFICER OSMAN N. TAT FOR REASONS 1.4 (B) AND (
D).
SUMMARY
--------------
1. (C) International and domestic press are reporting
accusations by human rights groups that Senegal is &dragging
its feet8 on prosecuting former Chadian President Hissene
Habre. Stephen Rapp, Special Prosecutor for Sierra Leone,
discussed the issue during March 2007 meeting with Ambassador
Jacobs and Senegalese officials. Reed Brody from Human
Rights Watch has also visited Senegal to urge progress but
heard that Senegal wants 66 million euros to create a special
court to try Habre. END SUMMARY.
BACKGROUND
--------------
2. (SBU) Since his arrest in February 2000, Habre has yet to
face charges that he allegedly sanctioned 40,000 politically
motivated murders and had 200,000 people tortured during his
eight-year presidency. Maintaining that they did not have
jurisdiction over crimes committed in Chad, Senegal had
refused to put him on trial. President Wade gave Habre a
month to leave the country, but the UN intervened, afraid
that he may be exiled to a country where he would escape
prosecution. In 2005, Belgium issued an arrest warrant to
try Habre in its courts which, because they are based on
universal law, can try human rights abuses regardless of
where they are committed. Senegal refused to extradite him.
RECENT DEVELOPMENTS AND CURRENT STATUS
--------------
3. (SBU) In 2006 the African Union (AU) mandated that Habre
be prosecuted, and while Senegalese law was then modified to
permit him to be tried, the process stalled over the
allocation of funds for a new courthouse. Human rights
groups, as well as the victim,s representatives, assert that
a trial can easily take place in current structures. Time is
now becoming a major issue for those seeking to prosecute
Habre as many of the surviving witnesses of his regime,s
alleged brutality are dying. Senegal continues to ignore a
May 2006 UN ruling that it has violated the UN Convention
against Torture by failing to prosecute or extradite him.
The European Union expressed a willingness to help
financially with the trial, but has yet to be contacted by
Senegal. Some speculate that Habre will remain immune from
prosecution because he maintains close ties to government
ministers and to the Tidjane brotherhood through his
friendship with Senior Minister of Justice Cheikh Tidiane Sy.
4. (U) Stephen Rapp, Special Prosecutor for Sierra Leone,
discussed the issue during March 2007 meetings with
Ambassador Jacobs and Senegalese officials. Reed Brody from
Human Rights Watch has also visited Senegal to urge progress
but heard that Senegal wants 66 million euros to create a
special court to try Habre.
COMMENT
--------------
5. (C) Citing &African solutions to African problems8 the
AU is adamant that Senegal should host Habre,s trial rather
than Belgium. The AU,s credibility continues to be
tarnished by this inability to demonstrate its authority over
member states. The initial opposition between an African and
a European trial has now boiled down to a conflict between
holding a trial versus none at all. Human rights groups
believe that with Minister Sy on his side, Habre will never
be tried.
6. (U) Visit Embassy Dakar,s SIPRNET Web site at
http://www.state.sgov.gov/p/af/dakar.
JACOBS