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Viewing cable 08DAKAR918, SENEGAL MODIFIES CONSTITUTION TO TRY HABRE

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Reference ID Created Released Classification Origin
08DAKAR918 2008-08-08 08:59 2011-08-24 16:30 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Dakar
VZCZCXRO6261
RR RUEHMA RUEHPA
DE RUEHDK #0918 2210859
ZNR UUUUU ZZH
R 080859Z AUG 08
FM AMEMBASSY DAKAR
TO RUEHC/SECSTATE WASHDC 0933
INFO RUEHZK/ECOWAS COLLECTIVE
UNCLAS DAKAR 000918 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR AF/W 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PINS KDEM SG
SUBJECT: SENEGAL MODIFIES CONSTITUTION TO TRY HABRE 
 
1.   (U) Former Chadian President Hissene Habre has moved one step 
closer to being put on trial.  On July 23, Senegal's Senate and 
National Assembly met in congress to vote on a number of proposed 
amendment's to the country's constitution which had already 
previously passed separate votes in both houses parliament.  The 
most significant of the measures was one that modifies article 9 of 
the constitution and permits Senegal's courts to permit the 
"judgment and condemnation of any person for any act or omission 
which, at the time it was committed was criminal according to 
international law, especially acts of genocide, crimes against 
humanity and war crimes."  As a result of this change, Senegalese 
courts now have jurisdiction to try Habre. 
 
2.  (SBU) Comment: The amendment to the constitution 
notwithstanding, many observers question if Habre will ever actually 
go on trial in Senegal.  Habre, who has lived in Senegal since 1991, 
is not under any form of arrest and lives comfortably in a prominent 
Dakar neighborhood.  The former dictator has developed an extensive 
network of supporters in Senegalese political and religious circles. 
 As a result, many Western diplomats and human rights activists 
resident in Dakar believe that is unlikely that Senegal will make 
any aggressive effort to move toward criminal proceedings against 
Habre, although the government will continue to go through the 
motions of preparing for a Habre trial because of the pressure from 
donor countries. 
BERNICAT