001/08 Michelot Yogogombaye v. Senegal AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS IN THE MATTER OF MICHELOT YOGOGOMBAYE versus THE REPUBLIC OF SENEGAL APPLICATION No. 001/2008 JUDGMENT The Court composed of: Mr. MUTSINZI, President; Ms. AKUFFO, Vice-President; Ms. MAFOSO-GUNI, Messrs NGOEPE, FANNOUSH, GUINDO, NIYUNGEKO, OUGUERGOUZ and MULENGA - Judges; and Mr. DIAKITE - Registrar In the matter of: Mr. Michelot Yogogombaye, representing himself versus the Republic of Senegal, represented by: - Mr Abdoulaye Dianko, State Legal Officer, - Mr Mafall Fall, State Legal Department, Ministry of Economy and Finance, - His Excellency Mr. Cheikh Tidiane Thiam, Ambassador, - Mr Mamadou Mbodj, Legal and Consular Affairs Department, Ministry of Foreign Affairs, - Mr Moustapha K?, Criminal and Mercy Affairs Department, Ministry of Justice, After deliberation on the matter, makes the following ruling: 1. By an application dated 11th August 2008, Mr. Michelot Yogogombaye (hereinafter referred to as "the Applicant"), a Chadian national, born in 1959 and currently residing in Bienne, Switzerland, brought before the Court a case against the Republic of Senegal (hereinafter referred to as "Senegal"), "with a view to obtaining suspension of the ongoing proceedings instituted by the Republic and State of Senegal with the objective to charge, try and sentence Mr Hissein Habré, former Head of State of Chad, presently asylumed in Dakar, Senegal". 2. In accordance with Article 22 of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights (hereinafter referred to as "the Protocol"), and Rule 8 (2) of the Interim Rules of Court (hereinafter referred to as "the Rules"), Judge El Hadj Guissé, Member of the Court, and a national of Senegal, recused himself. 3. The Applicant sent his application to the Chairperson of the African Union Commission by electronic mail dated 19th August 2008. This application was received in the Court Registry on 29th December 2008, with a covering correspondence from the Legal Counsel of the African Union Commission dated 21st November 1

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