JUDGEMENT OF THE COURT 1. By application dated October 1, 2008, registered at the Registry of the Court October 6, 2008, Mr. Hissein Habre, former President of the Republic of Chad, took our Court for a declaration that the State of Senegal has committed violations of human rights against him through the disregard of fundamental legal principles as follows:  non-retroactivity of criminal law enshrined in Articles 11.2 of the Universal Declaration of Human Rights, 7.2 of the African Charter on Human and Peoples' Rights and the Constitution of the State of Senegal;  the effective use stated in Article 8 of the Universal Declaration of Human Rights and by Article 3.4 of the International Covenant on Civil and Political Rights;  the authority of res judicata;  equality before the law and to justice enshrined in Articles 7 and 10 of the Universal Declaration of Human Rights, Articles 14.1 and 26 of the International Covenant on Civil and Political Rights and Article 7.4 of the Constitution of the State of Senegal;  independence of the judiciary enshrined in Articles 10 and 11 of the Universal Declaration of Human Rights, Article 14 of International Covenant on Civil and Political Rights and Article 1 of the Charter African Charter on Human and Peoples' Rights;  separation of powers stated in Article 1.a of the ECOWAS Protocol on Democracy and Good Governance as well as by the Constitution of the State of Senegal;  the right to a fair trial enshrined in Article 7.1 of the African Charter on Human and Peoples' Rights; the conflict between Community law of ECOWAS and the Senegalese criminal law and the constitutional principle of convergence.