DERECHO OBRERO

The Extraordinary African Chambers is a special ad hoc procedure of an international character within the Senegalese judicature. The Chambers was established within the Senegalese court system in 2012 to prosecute international crimes committed in Chad between 7th June 1982 and 1^st December 1990. The applicable law as embodied in the Statute of the Chambers includes international criminal law, the Senegalese criminal code and Senegal‘s Code of Criminal Procedure.⁷⁰⁵

The Chambers were inaugurated by Senegal and the African Union in February 2013 to prosecute the person or persons most responsible for international crimes committed in Chad between 1982 and 1990 when Hissene Habre ruled Chad.⁷⁰⁶ Habre‘s regime was marked by serious human rights violations and campaigns of indiscriminate violence against the Chadian population, particularly against ethnic minorities such as the Sara people, Hadjerai, Zaghawa, and Chadian Arabs.⁷⁰⁷

Upon his overthrow from power in December 1990, his successor, President Idriss Derby, immediately set up a Commission of Inquiry to investigate the crimes committed during the previous regime. In 1992, the Commission recommended the initiation of legal proceedings against the alleged perpetrators of those atrocities, including Hissene Habre, who had fled to

704 Ibid. See also Prosecutor v Kallon and Kamara, SCSL-2004-15 & 16-AR72(E), Decision on Challenge to Jurisdiction: Lome Accord Amnesty, (13th March 2004) (Sierra Leone Special Court, Appeals Chamber).

705 A Bodley and S K Tefera (2013), ‗The Extraordinary Role of The Extraordinary African Chambers Convened to Try Former Chadian Leader Hissene Habre‘ (2013), Issue 3. Africa Law Today, p.3.

706 Q&A: The Case of Hissene Habre before the Extraordinary African Chambers in Senegal. 27^th April 2015. < http://www.m.hrw.org/news/2012/09/11qa-case-hiss-ne-habr-extraordinary-african-chamber >

accessed on 13th May 2015.

707 ‗Extraordinary African Chambers: Historical Landmarks‘ < http://www.trial-ch-

org/en/resources/tribunals/hybrid-tribunals/extraordinary-african-chambers.htm > accessed on 13th May 2015.

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Senegal. Despite many attempts to initiate criminal proceedings in Senegal and later in Belgium, it took several years and a decision of the International Court of Justice on 20^th July 2012 ordering the Republic of Senegal to prosecute or extradite Hissene Habre to finally get a real chance to prosecute him.⁷⁰⁸ When Habre was ousted from power, he was granted asylum by the Senegalese authorities. But overtime, mainly on account of pressures from victims, their families and the global community, it was agreed by the African Union, human rights bodies and other international institutions that he should be put on trial.⁷⁰⁹

The Extraordinary Chambers have four levels; an Investigative Chamber within the Tribunal Regional Hors Classe de Dakar with four Senegalese investigative judges; an Indicting Chamber with three Senegalese judges; a Trial Chamber; and an Appeals Chamber.⁷¹⁰ The Trial Chamber and the Appeals Chamber each have two Senegalese judges and a president from an African Union member state. The prosecutors and Investigative Judges were nominated by Senegal‘s Minister of Justice and appointed by the Chairperson of the AU Commission.⁷¹¹ The Chambers have jurisdiction over the crime of genocide, crimes against humanity, war crimes, and torture.⁷¹²

708 Questions Relating to the Obligation to Prosecute or Extradite (Belgium v Senegal), No. 2012/24, 20^th July 2012, pp. 1-2, where the ICJ found inter alia that ‗the Republic of Senegal, by failing to submit the case of Mr. Hissene Habre to its competent authorities for the purpose of prosecution, has breached its obligations under Article 7, paragraph 1, of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10^th December 1984 ‗ and that ‗the Republic of Senegal must, without further delay, submit the case of Mr. Hissene Habre to its competent authorities for the purpose of prosecution , if it does not extradite him‘.

709 The Extraordinary African Chambers and the Trial of Hissene Habre: Why in Senegal and What Likely Benefits for Senegal and Africa? The News from WARC, 29^th April 2014. <

http://www.bu.edu/wara/2014/04/29/the-extraordinary-african-exchange/ > accessed on 13^th May 2015.

710 Article 2 (a)-(d), Statute of the Extraordinary African Chambers.

711 Article 11, Statute of the Extraordinary African Chambers.

712 Article 4, Statute of the Extraordinary African Chambers, September 2013.

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Crimes against humanity as defined in Article 6 of the Statute of the Chambers do not require the state or organizational policy, or a link with armed conflict.⁷¹³ The crimes within the jurisdiction of the Chambers are not time-barred.⁷¹⁴ So far, the only trial scheduled is that of Hissene Habre. The official position of an accused person shall not relieve him of criminal responsibility nor serve to mitigate punishment.⁷¹⁵ In addition, an amnesty granted for genocide, crimes against humanity, war crimes, and torture does not bar the prosecution of the beneficiary by the Chambers.⁷¹⁶

Habre was indicted for crimes against humanity, torture and war crimes by the Chambers‘

investigating judges on 2^nd July 2013. On 13^th February 2015, after a 19-month investigation, the judges found sufficient evidence for Habre to face charges of crimes against humanity and torture as a member of a joint criminal enterprise and of war crimes on the basis of superior responsibility. In particular, he was charged with (a) the massive practice of murder, summary executions, kidnapping followed by enforced disappearance and torture, amounting to crimes against humanity, against the Hadjerai and Zaghawa ethnic groups, the people of Southern Chad, and political opponents; (b) torture; and (c); the war crimes of murder, torture, unlawful transfer and unlawful confinement, and violence to life and physical wellbeing.⁷¹⁷

713 Article 6 of the Statute of the Extraordinary African Chambers: ‗for the purpose of this Statute, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population: (a) rape, sexual slavery, enforced prostitution, enforced sterilization, or any other form of sexual violence of comparable gravity; (b) murder; (c) extermination; (d) deportation; (e) the crime of apartheid; (f) the enslavement or massive and systematic practice of summary executions, kidnapping of persons followed by their enforced disappearance; (g) torture or inhumane acts intentionally causing great suffering or serious injury to body or to physical or mental health, on political, racial, national, ethnic, cultural, religious or gender grounds‘.

714 Article 9, Statute of the Extraordinary African Chambers.

715 Article 10 (3) Statute of the Extraordinary African Chambers.

716 Article 20, Statute of the Extraordinary African Chambers.

717 See Q&A: The Case of Hissene Habre before the Extraordinary African Chambers in Senegal. 27^th April 2015. < http://www.m.hrw.org/news/2012/09/11qa-case-hiss-ne-habr-extraordinary-african-chamber >

accessed on 13th May 2015. In July 2013, the Chief Prosecutor requested the indictment of five additional officials: Saleh Younous, Guihini Korei, Abakar Torbo, Mahamat Djibrine, and Zakaria Berdei, from Habre‘s regime suspected of responsibility for international crimes. None of them have been brought to the

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Upon conviction, the Chambers may impose a sentence of imprisonment for a maximum of 30 years or a term of life imprisonment, when justified by the extreme gravity of the crime.⁷¹⁸ It may also order the forfeiture of proceeds, property and assets derived from the crime.⁷¹⁹