Decision on the Hissene Habre Case and the African Union Doc. Assembly/AU/3 (VII)

Jurisdiction
African Regional Bodies · African Union (AU)
Citation
Assembly/AU//Dec.127 (VII)
Regional Body / Author
Assembly of the African Union
Date
2 July 2006
Language
English
Type
Statement

DECISION ON THE HISSENE HABRE CASE AND THE AFRICAN UNION
DOC. ASSEMBLY/AU/3 (VII)

The Assembly:

  1. REFERRING to its Decision Assembly/AU/Dec.103 (VI) taken in Khartoum, The Sudan, in January 2006;

  2. TAKES NOTE of the Report presented by the Committee of Eminent African Jurists appointed in conformity with the above- mentioned Decision;

  3. OBSERVES that, according to the terms of Articles 3 (h), 4 (h) and 4 (o) of the Constitutive Act of the African Union, the crimes of which Hissene Habre is accused fall within the competence of the African Union;

  4. CONSIDERING that, in its present state, the African Union has no legal organ competent to try Hissene Habre;

  5. CONSIDERING the jurisdiction of the International Court of Justice in this case, and the ratification by Senegal of the United Nations Convention Against Torture;

  1. DECIDES to consider the Hissene Habre Case as falling within the competence of the African Union;

  2. MANDATES the Republic of Senegal to prosecute and ensure that Hissene Habre is tried, on behalf of Africa, by a competent Senegalese court with guarantees for fair trial;

  3. FURTHER MANDATES the Chairperson of the Union, in consultation with the Chairperson of the Commission, to provide Senegal with the necessary assistance for the effective conduct of the trial;

  4. REQUESTS all the Member States to cooperate with the Government of Senegal on this matter;

  5. CALLS UPON the International Community to avail its support to the Government of Senegal.

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