HABRE TRIAL: "LET IT BE MEANINGFUL AND ACCESSIBLE

UNCLAS SECTION 01 OF 02 NDJAMENA 000029

SIPDIS

SENSITIVE
SIPDIS

FOR S/WC, PARIS AND LONDON FOR AFRICA WATCHERS

E.O. 12958: N/A
TAGS: PGOV PHUM CD
SUBJECT: HABRE TRIAL: "LET IT BE MEANINGFUL AND ACCESSIBLE
TO CHADIANS"


1. (SBU) Summary: In a meeting with the Ambassador, Human
Rights Watch Advocacy Director Reed Brody stressed the need
for the trial of former Chadian President Hissein Habre to be
meaningful and accessible to Chadians. Human Rights Watch is
urging Senegal to speed up and simplify the process leading
to the trial in order to bring justice to Habre's victims.
They are also encouraging the international community to
provide funding and technical assistance. End summary.

JUSTICE DELAYED IS JUSTICE DENIED
--------------


2. (U) Human Rights Watch (HRW) Advocacy Director Reed Brody
met with the Ambassador and DCM on January 4 to discuss the
trial of former Chadian President Hissein Habre. Brody was
accompanied by Clement Abaifouta, President of the Chadian
Association for Victims of Political Repression. Brody
introduced the meeting by saying that he was not fully up to
date on other Chad human rights issues, and was there solely
to talk about the Habre trial.


3. (U) Brody underscored the historic importance of Senegal
putting Habre on trial -- the first time a developing country
had taken on such a task. Nonetheless, a year and a half
later "people didn't know where to begin." Brody
acknowledged that Senegal's task was complicated and
expensive (an initial estimate of Euros 66 million had been
scaled down to a more realistic 28 million.) But, in the
meantime, victims were passing away. The Senegalese proposed
interviewing some 20,000 witnesses. In fact, proof of chain
of command could be found with considerably fewer witnesses.


4. (U) HRW has been pushing Senegal to move faster and
working with the international community on providing
support. Brody informed the Ambassador that the European
Union and Switzerland had promised support. French President
Sarkozy had told Senegalese President Wade in July that
France would work with Senegal on the trial. Brody reported
that he had urged the State Department's office of War Crimes
(S/CW) to 1) applaud Senegal's decision; 2) let Senegal know
that the United States expected it to move forward and 3)
provide funding or technical assistance for the trial.

SUPPORT THE RULE OF LAW IN CHAD
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5. (U) Turning the focus back to Chad, Brody explained that
HRW hoped that the trial could be "accessible and meaningful"
so that Chadians would have a chance to understand "what
justice means." Citing the example of Sierra Leone, he
suggested that outreach include coverage of procedures by
radio or TV and having the prosecutor explain the meaning of
the trial to different groups throughout Chad. Brody
recognized the challenges of outreach in Chad given the size
of the country and the lack of resources available to Senegal
(compared to those of international courts.) Accordingly, a
third party such as the UN or an NGO should be encouraged to
take it up. (Brody explained that neither HRW nor the Chad
Victims Association could do this as they were parties to the
trial. He believed that the Center for Transitional Justice
might present a proposal.)


6. (SBU) Brody commented that lack of resources might not be
the only obstacle to publicizing the trial. Chadian
authorities might potentially see an outreach campaign as
"subversive." That being said, he acknowledged that the
Government of Chad had cooperated in lifting Habre's immunity
and inviting the Belgian judge to Chad. President Deby had
made public statements in favor of the trial. Brody mused
that the President's embrace of the process might come back
to bite him as he himself had been part of the Habre
"machinery" before going into rebellion.


7. (U) Commenting on Chad's handling of the Habre years,
Brody stated that the 1992 Truth Commission had issued a good
report, but some recommendations were never implemented.
Individuals named in the report were still high ranking
security officials. Victims had filed cases in N'Djamena
against their torturers, but the cases had not advanced at
all. Although the major demand of victims was financial
compensation, a draft reparations bill before the National

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Assembly was moribund. Brody imagined that hopes of a
financial settlement coming from the Dakar trial were not
realistic, but hoped that the trial and accompanying outreach
would bring these issues back on the table for victims.

COMMENT


8. (SBU) In a country where authorities enjoy considerable
impunity, Post agrees that public outreach and discussion of
the Habre trial proceedings would set a welcome example of
justice in action.
NIGRO