Hissein Habre, there is no Senegalese courts proceedings against the Applicant,
not only that there was no an act of pursuit, but no decision of conviction under
the reform text that Mr. Hissein Habre is in its application is reached.
24. The Respondent explained that the objections raised by the petitioners refer
to the adoption by the State of Senegal to constitutional and legislative reforms,
including in the Penal Code and the Code of Criminal Procedure and the adoption
of such measures can not constitute violations of Human Rights.
25. The Government of Senegal reports that Mr. Hissein Habre does not
establish a violation of the principle of non-retroactivity of criminal law and
concludes that the violations alleged by the Applicant are hypothetical and not
actual. Concerning the actual use, the Respondent articulates that in the case
of a constitutional law individuals are excluded from this right, and indicates
that in other areas such right exists because Mr. Hissein Habré was able to
capture the indictment of Court of Appeal in Dakar, which upheld his claim.
Concerning equality before the law and justice, the State of Senegal observes
firstly that the legal provisions criticized by Mr. Hissein Habre are general and
impersonal and do not refer by name, and also points out that 'if a trial
involving the Complainant, it is unrealistic to bet equality before the law.
26. In total, the State of Senegal states only complying with its international
obligations by adapting its legislation to the New York Convention of 1984 and
the Statute of the International Criminal Court, and decided to reject all
applications by Mr. Hissein Habre.
Analysis of the Court
27. The questions of violations of human rights subject to the discretion of the
Court can be grouped into five parts namely: