breach in what concerns personally, mere suspicion or conjecture is insufficient for
this respect.
53. In this case the fear of Mr. Hissein Habre to see the state of Senegal
prosecution against him on the basis of constitutional and legislative reforms
made by the Respondent is she a mere suspicion or conjecture, or rather this
Does reasonable and convincing evidence of likelihood of occurrence?
54. First, the Court finds that the State of Senegal has requested and obtained
from the African Union a mandate to prosecute and try Mr. Habré Hissein behalf of
Africa by a competent court with trial guarantees just.
55. The Court also noted that to implement such a mandate given by the African
Union, the State of Senegal, in which justice was already seen by the final decisions,
the lack of indictments in the legal internal acts for which the African Union has
mandated the Respondent has used the new constitutional and legislative
provisions which retroactivity is criticized by the Applicant.
56. The Court also notes that the State of Senegal prior to the appointment of a
magistrate for instruction in the procedure against Mr. Habré Hissein and have
received some funds to cover the trial.
57. The Court finally notes that the passport of Mr. Hissein Habre would have been
removed, it is put under house arrest and forbidden to leave the territory of Senegal.
Given these circumstances, the Court can only agree that there are reasonable and
convincing evidence of probability of occurrence of the violation of Articles 7.2 and
11.2 of the African Charter on Human and Peoples' Rights and the Universal
Declaration of Human Rights at the expense of Mr. Hissein Habre, and accordingly
the status of victims of violation of his human rights claimed by the Applicant on the