Hissène Habré’s case: Origins and current debate

Résumé du document

In February 2003, the Darfur conflict, an ethnic clash in western Sudan, began and, in March 2004, Mukesh Kapila, called it the "world's greatest humanitarian crisis". Thus, in January 2005, the UN Secretary-General's Commission of Inquiry on Darfur estimated in its report that there were already 1.6 million internally displaced persons and more than 200,000 refugees coming from Darfur into neighboring Chad. Moreover, many states and International NGOs are involved in this Sudanese civil war such as the French one named Zoé's Ark which attempted to provide aid for children affected by the murderous conflict. Nevertheless, on October 30th, 2007, seventeen members of this organization were arrested in Abéché and accused by the Chadian government of abducting 103 African children. Indeed, these children declared by the group orphans and issued from Darfur, were mostly Chadian and had at least one living parent or guardian. Idriss Deby, the current president of Chad has promised “severe punishment”. Therefore, on November 4th, 2007, Nicolas Sarkozy, the current president of France, came to N'Djamena and negotiated. Various world political actors such as the Chadian government and the French one but also the African Union were then involved in this case and the issue was to know where the French people would be judged.

Extraits

[...] Hissène Habré's case: origins and current debate Table of contents Introduction Chapter I. - A current situation conditioned by several historical phenomena The role of the conditions of the rise of Hissène Habré to power A new regime lacking legitimacy: the use of violence to maintain Habré's authority on Chadian population The internationalization of the Chadian issue began before 2000 A socio-political context favouring the use of violence in Chad A colonial background: a political culture deprived of democratic principles A country historically divided between ethnic groups Chapter II. [...]

[...] Habré won but many opponents remained and he used torture and political violence to maintain his regime in power. The internationalization of the Chadian issue began before 2000 Chad was a French colony during more than fifty years. Thus, some world countries were involved in this country before the conflict between factions which provoked coups and triggered a civil war in 1979. For instance, when Chad was ruled by François Tombalbaye, the president called in the French under provisions of military treaties signed in 1960 while rebel groups, formed in bordering countries such as the FROLINAT in Sudan, were more and more active. [...]

[...] An international affair: a desire for establishing an international justice An “universal competence” to judge Habré in a foreign country On December, 10th the United Nations General Assembly adopted the United Nations Convention against “torture and other cruel, inhuman or degrading treatment or punishment”. This international human rights instrument aimed to prevent torture around the world. Moreover, on September Human Rights Watch published Pinochet Precedent: How Victims can Pursue Human Rights Criminals Abroad. This brochure attempted to promote a new type of Justice allowing a person responsible for human rights violations in a country to be judged by a tribunal in another country. [...]

[...] In May 1992, the Justice's Commission of Inquiry on the Crimes committed by the Regime of Hissène Habré concluded that “during eight years, of reign, the former president Habré imposed to the Chadian people the most pitiless and sanguinary dictatorship of his history” and encouraged the organisation of a trial. However, this case is deeply complex and Habré was still not judged. In effect, the current Chadian president was involved in the Habré's political repression since he was his commander-in-chief of the army during his dictatorship: if Habré is truly condemned, Déby will be also accused of human rights violations and mass crimes. [...]

[...] The role and responsibility of other countries in the Habré's case began when the dictator accessed to power in 1982. A socio-political context favouring the use of violence in Chad A colonial background: a political culture deprived of democratic principles After the Battle of Kousséri between the French forces and the Sudanese ones on April 22nd Chad became a French colony. During the colonial era, the French did not attempt to unify or modernize the territory. Indeed, during this period, the settlers only exploited the cotton and employed the population as a free labour to work in their other colonies in the south. [...]