VZCZCXRO6644
RR RUEHMA RUEHPA
DE RUEHDK #0724/01 1621613
ZNR UUUUU ZZH
R 111613Z JUN 09
FM AMEMBASSY DAKAR
TO RUEHC/SECSTATE WASHDC 2548
INFO RUEHZK/ECOWAS COLLECTIVE

UNCLAS SECTION 01 OF 02 DAKAR 000724 
 
SIPDIS 
SENSITIVE 
 
DEPT FOR AF/W, AF/RSA, DRL AND INR/AA 
PARIS FOR AFRICA WATCHER 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PINS KDEM ECON SG
SUBJECT: Senegal wins case against Belgium at International Court of 
Justice 
 
¶1. (SBU) SUMMARY: On May 28, The International Court of Justice at 
The Hague rejected Belgium's demands that preventive measures be 
taken to stop Senegal from allowing former Chadian Head of State 
Hissene Habre to escape justice.  Belgium initiated the case 
following a February 2009 interview where President Abdoulaye Wade 
threatened to let Habre go if Senegal failed to receive financial 
support from the international community to hold the trial.  Belgium 
contended that, by failing to prosecute or extradite Habre, Senegal 
had violated the UN Convention against Torture as well as customary 
international law.  The Court, by thirteen votes to one, rejected 
Belgium's claim and at the same time had Senegal declare that "it 
will not allow and had no intention to allow" Habre to leave its 
territory while his case was pending.   End Summary. 
 
 
 
 
Belgian claims 
-------------- 
 
¶2. (SBU)  In its petition to the Court, Belgium underlined that 
Habre has been living in Senegal since 1990 but that, despite 
repeated requests, Senegal has failed to prosecute or extradite him 
to Belgium where  judges had issued an international arrest warrant 
against him.  Belgium wants to prosecute Habre for crimes of torture 
and crimes against humanity following a complaint from a Belgian 
national of Chadian origin.  Habre allegedly committed these crimes 
or was a co-perpetrator or an accomplice during his presidency from 
June 7, 1982 to December 1, 1990.  For Belgium, failure to prosecute 
or extradite Habre constitutes a violation of the Convention Against 
Torture and obligations under international customary law to punish 
crimes under international humanitarian law.  In its request, 
Belgium contended that "at present Mr. H. Habre is under house 
arrest in Dakar but it transpires from an interview which the 
President of Senegal A. Wade gave to Radio France Internationale 
that Senegal could lift his house arrest if it fails to find the 
budget which it regards as necessary in order to hold the trial of 
Mr. H. Habre.  For Belgium, lifting this house arrest could lead to 
irreparable damage through Habre escaping justice." 
 
Senegal's Makes Commitments 
---------------------------------- 
 
¶3. (SBU) Senegal in this case was represented by Professor Cheikh 
Tidiane Thiam, Director of Legal Affairs at the Ministry of Foreign 
Affairs, Judge Demba Kandji, Director of Criminal Affairs at the 
Ministry of Justice (he is the Senegalese judge who first indicted 
Habre in 2000), Professor Ndiaw Diouf, Dean of the Law School of 
Dakar's Cheikh Anta Diop University, Alioune Sall, a Law Professor 
at Dakar University, Judge Omar Gaye and Judge Abdoulaye Dianko, the 
GOS's Legal Officers.  Senegal contended that it has demonstrated 
its commitment to prosecute Habre by taking a series of legal 
reforms regarding the retroactive nature of its criminal Law in 
cases of crime against humanity and genocide.  It also reminded the 
Court that it has established a court for the prosecution of these 
crimes and modified its Code of Criminal Procedure accordingly.  The 
Senegalese team argued that in his interview President Wade had 
reiterated his willingness to prosecute Habre.  Regarding 
extradition, they noted that that case was closed since the Dakar 
Court of Appeals ruled that Habre was a Head of State at the time he 
allegedly committed the crimes and given his immunity as Head of 
State he could only be prosecuted by a High Court of Justice and not 
a regular criminal court and on that ground the Dakar Appeals Court 
had rejected Belgium's request for extradition. 
 
The Court Rules in Favor of Senegal 
----------------------------------- 
 
¶4. (SBU) The Court rejected Belgium's demand indicating that there 
was no urgency to justify ordering preventative measures.  The 
ruling further stated "taking into account the assurances given by 
Senegal, finds that, the risk of irreparable prejudice to the rights 
claimed by Belgium are not apparent on the date of the Order." 
Belgium's claim was that "the Convention Against Torture confers 
upon all the State Parties the right to obtain compliance by Senegal 
with the provisions of the Convention."  Referring specifically to 
the case that was initiated in Belgium by victims of Belgian 
nationality, Belgium claimed that it had a specific right to have 
Senegal either prosecute or extradite Habre.  The Court was 
satisfied by the legal steps already taken by Senegal to reform its 
laws and its declaration to maintain close surveillance and control 
of Habre. 
 
COMMENT 
-------- 
¶5.  (SBU)   The International Court of Justice's decision came as a 
relief for GOS as the latter was condemned in 2006 by the UN 
Committee Against Torture for not complying with its international 
 
DAKAR 00000724  002 OF 002 
 
 
obligations to prosecute or extradite Habre to Belgium.  While the 
government has updated its criminal laws and procedures and amended 
its Constitution to make the prosecution possible, it has also used 
the "lack of funding" excuse not to take serious steps toward 
prosecuting Habre.  A senior official at the Ministry of Justice 
told Embassy he doubts that there is any serious political will to 
prosecute Habre.  He noted that Habre used funds he had stolen from 
the Chadian Central Bank just before seeking asylum in Senegal in 
1990 in order to buy off religious and political figures.  He added 
that another problem is that the current Senegalese Minister of 
Justice used to be Habre's defense attorney and the reality is that 
many African leaders are not at all enthusiastic about the precedent 
this case would establish.  It remains to be seen if Senegal's 
declaration to have Habre face justice will materialize under 
President Wade's current tenure, due to end in 2012. 
Bernicat