Court sidesteps Habre extradition request

A Senegalese court on Friday declined to rule on a request to extradite former Chad leader Hissene Habre to Belgium to face charges of mass murder and torture. Habre’s lawyers are claiming victory, saying the matter is closed. But human rights lawyers say since the court did not expressly rule against the extradition request - issued by a Belgian court in September - the decision now sits with Senegalese President Abdoulaye Wade. Habre, who has lived in exile in Senegal for 15 years, was detained earlier this month pending the court's decision on whether to extradite him for alleged human rights abuse during his 1982-1990 rule. But after deliberations, the court stated that it was not qualified to make a decision, leaving Habre’s immediate fate unclear. “The court has declared itself not competent,” it said. The bid to bring the former leader to trial has triggered fierce debate in Senegal, and there were cries of joy from his supporters and a stunned silence from alleged victims as the court announced its decision. A Chadian truth commission in 1992 accused Habre of responsibility for at least 40,000 political killings and mass torture. Jacqueline Moudeina, a lawyer for Chadian torture victims and head of a Chadian rights association, said the battle to bring Habre to justice is not over. “Today the court has declared itself simply incompetent. This means that the arrest mandate is still current. The court did not reject the extradition request,” Moudeina said. But Habre’s lawyers welcomed the court's decision as a triumph. “The court has demonstrated that Hissene Habre is a head of state and that the acts he is accused of would have taken place while he was head of state,” lawyer Doudou Ndoye said. The Habre case has been under keen scrutiny as his extradition would break ground in efforts to bring former leaders to trial. His alleged victims filed complaints under Belgium’s universal jurisdiction law, which allows for prosecution of crimes against humanity committed anywhere in the world.