STATEMENT OF MEANS OF RIGHT OF PARTIES
Average Applicant
19. Mr. Hissein Habre cites several international instruments on human rights. It
cites section 11.2 of the Universal Declaration of Human Rights, Article 7.2 of the
African Charter on Human and Peoples' Rights to argue that the State of Senegal
had violated the principle of non retroactivity criminal law for undertaking the
constitutional and legislative reforms in order to try him again. He added that his
right to an effective remedy says to article 8 of the Universal Declaration of
Human Rights and Article 3.4 of the International Covenant on Civil and Political
Rights has been violated.
20. Mr. Hissein Habre argues that the principles of equality before the law and
the courts by sections 7 and 10 of the Universal Declaration of Human Rights,
also by Articles 14.1 and 26 of the International Covenant on Civil and Policies
and Article 7.4 of the Senegalese Constitution were violated.
21. The Complainant also alleges violation of the principles of separation of
powers and independence of the judiciary and cites Article 1.a of the ECOWAS
Protocol on Democracy and Good Governance, and the Senegalese Constitution
the various international instruments listed above.
22. Finally, Mr. Hissein Habre argues that the new criminal law provisions are
contrary to Senegalese law ECOWAS community, in particular the Protocol on
Democracy and Good Governance, which uphold the constitutional principle of
convergence.
Average Respondent
23. The government of Senegal has noted the date of referral to the Court by Mr.