 the existence of proceedings against Mr. Hissein Habre  interpretation of the Protocol on Democracy and Good Governance,  the effective remedy,  the separation of powers and the independence of the judiciary and  non-retroactivity of criminal law. a) The violations of human rights related to the existence of a case against Mr. Habre Hissein 28. The questions of violations of his human rights invoked by Mr. Hissein Habre in relation to equality before the law and justice, the authority of res judicata and the right to a fair trial, to be relevant and lead the Court to rule, require the prior existence of a proceeding or criminal prosecution against Mr. Hissein Habre on the basis of the reforms introduced by the State of Senegal. 29. At this stage no procedures or act of prosecution against Mr. Hissein Habre is as stated in the State of Senegal, that does not deny the Applicant, whose concern lies in the possibility of new proceedings against him based on the compliance of its criminal law made by the State of Senegal to comply with its international commitments. 30. Essentially these violations alleged by the Applicant related to a hypothesis and allow the Court to say that they are only potential, so he objection must exclude them from discussion. b) The violation related to the interpretation of the Protocol on Democracy and Good Governance 31. Mr. Hissein Habre citing the following provision of the Protocol on Democracy and Good Governance for ECOWAS, which states that: "the rights contained