15. At its meeting on 1 and 2 July 2006, the Conference of African Union then
gives the Republic of Senegal mandate to prosecute and judge him "on behalf of
Africa by a competent court with guarantees a fair trial. "
16. Mr. Hissein Habre contends that contempt of court decisions already made
and in violation of the general principles of law, Senegal then began changing its
laws and its Constitution to allow for its continuation and new trial by a
Senegalese court, thus violating the conditions and guarantees of a fair trial. He
asks asks the Court to find violations in respect of the principle of nonretroactivity of criminal law, principles of equal justice and the right to a fair trial.
Facts by Defendant
17. The State of Senegal while acknowledging the various decisions of these courts
on the indictments against Mr. Hissein Habre during the period when he was
President of the Republic of Chad, said the debate is solely at the development
conformity of its legislation with its international commitments in this regard
indicates that the Defendant, seized by the same plaintiffs who initiated
proceedings against Mr. Hissein Habré to justice in Senegal, the UN Committee
against Torture, reminded State of Senegal "that according to article 5 paragraph
2 of the Convention, as a State Party, it shall adopt the necessary legislative
reforms to establish its jurisdiction over the acts specified in the statement."
18. The State of Senegal concludes that to comply with its obligations under
international conventions it has reformed its criminal law in carrying out
constitutional and legislative changes that the Applicant considers to violate his
human rights and he says he has taken no legal action against Mr. Hissein Habre.