AU panel wants African court for Habre

Adding another twist to a six-year drama over the fate of former Chadian president Hissene Habre, who is accused of massive rights abuse, an expert panel of the African Union has recommended that an "African solution" decide his fate, apparently slamming the door on an extradition demand by Belgium and putting his host country Senegal back in the spotlight.

Habre, accused by a group of Chadian victims of being responsible for mass torture, killings and other abuses while president of the north-central African country in the 1980s, has denied any implication in atrocities, and courts in Senegal where he has lived since fleeing a coup in 1990 have twice refused to try him.

Alleged victims of Habre in 2001 subsequently filed complaints under Belgium's universal jurisdiction law, which allows judges in Brussels to prosecute human rights offences anywhere. But when a Senegalese court late in 2005 declared it was not competent to rule on the Belgian extradition request, the AU set up a panel to discuss his fate.

According to a text of the panel's report released to AU ministers late on Friday and obtained by IRIN, the panel recommends Habre should take the stand in either Chad or Senegal, face trial by an ad-hoc tribunal anywhere in Africa, or a hearing in a court in any of the 45 African states that have ratified the convention against torture.

A final decision will be taken by the 52 African heads of state gathered this weekend in the Gambian capital Banjul for an AU summit meeting.

The report said the panel "rejects" total impunity for Habre, even though he is a former head of state, because of the "nature and gravity of the crimes he is accused of."

But the panel also recommended an "African solution be adopted", and specified that Habre should only be tried by an African court, pulling the Belgium option off the table.

The panel found that Senegal is the most suitable place to try Habre, the text said, and it added that contrary to the judgement of Senegalese courts, Senegal does have jurisdiction over the case and has an obligation to respect the conditions of the torture convention.

In May, the UN Committee Against Torture issued a statement giving Senegal 90 days to put Habre on trial or send him to Belgium. The Committee said Senegal had broken international human rights rules by not dealing with Habre during the 15 years of his exile there.

Hissene Habre's lawyer El Hadj Diouf, speaking to reporters on the fringe of the AU summit in Banjul, said: "Senegal is not a colony. Senegal is independent and the justice of Senegal is independent. This case is finished. Habre must stay in Senegal in peace indefinitely."

Asked why Habre does not want to stand trial in Belgium to clear his name, Diouf said: "Belgium is a colonialist. Belgium created a genocide in Rwanda and Congo. Belgium cannot accuse an African man, it is the new colonisation. Why Belgium? Hissein Habre is a Chadian."

Sy Coumba Singa Gali, Editor in Chief of the Chadian newspaper L'Observateur, told IRIN: "Habre must be judged, that is the most important."

A counsel with one of the American groups that has pushed hardest for Habre's trial, Reed Brody of Human Rights Watch, said: "The important thing is the victims get their day in court and Habre gets a fair trial. We would have preferred that Habre be tried in Belgium only because Senegal has betrayed the victims twice. And because Belgium has now spent four years preparing and investigating the dossier."

But Jacqueline Moudeina, a lawyer for torture victims in Chad, was disappointed with the decision. She said the claimants were already concerned about the time their case had taken to be heard, and she worried the panel's decision would drag it out even longer.

"For me the best option was Belgium and uniquely Belgium because we could have had a real trial there, with good organisation, and speed," Moudeina added. "It was really the best option."

nr/ccr