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- Hailidi Faraj FANNOUSH, Judge - Modibo Tounty GUINDO, Judge - Gerard NIYUNGEKO, Judge - Fatsah OUGUERGOUZ, Judge - Joseph N. MULENGA, Judge - and Aboubakar DIAKITE, Registrar In accordance with Article 28 (7) of the Protocol and Rule 60 (5) of the Rules of Court, the separate opinion of Judge Fatsah OUGUERGOUZ is appended to this Judgment. 6

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01/08 Michelot Yogogombaye v Senegal

AfCHPR Decision

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Type of Document

Judgement

Keywords

Jurisdiction
Refugees / Asylum Seekers
Retro-activity of offence
Transitional Justice

Case Headnotes: The Applicant submitted that Hissein Habré, former President of Chad, is apolitical refugee in Senegal since December 1990, and that in 2000, he was suspected of complicity in crimes against humanity, war crimes and acts of torture in the exercise of his duties as Head of State. The Applicant further averred that, by decision of July 2006, the African Union had mandated Senegal to "consider all aspects and implications of the Hissein Habré case and take all appropriate steps to find a solution; or that failing, come up with an African option to the problem posed by the criminal prosecution of the former Head of State of Chad, Mr. Hissein Habré. He also submitted that, on 23rd July 2008, the two chambers of the Parliament of Senegal adopted a law amending the Constitution and "authorizing retroactive application of its criminal laws, with a view to trying exclusively and solely Mr. Hissein Habré". He alleged that by so doing, Senegal violated the "sacrosanct principle of non-retroactivity of criminal law, a principle enshrined not only in the Senegalese Constitution but also in Article 7 (2) of the African Charter on Human and Peoples' Rights" to which Senegal is a party.

Country

Senegal

Outcome

Ruled Inadmissible

Year Decided: Dec 15, 2009

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7.2 : Legal Offense without Retrospection

Rights Violated (ACHPR Provisions)

None Indicated

Rights Not Violated (ACHPR Provisions)

ACHPR 7.2 : Legal Offense without Retrospection

Duration of Procedure: Dec 29, 2008 ~ Dec 15, 2009

Country Geolocation

Latitude: 14.497401

Longitude: -14.452362

Country Geolocation (linked AfCHPR Decision): Senegal

Primary Documents

001_08 Michelot Yogogombaye v. Senegal.pdf
English
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24. 001-08 - Michelot Yogogombaye v. Senegal.pdf
Portuguese
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African Human Rights CLA 2.0

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01/08 Michelot Yogogombaye v Senegal

Primary Documents

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Rules of Court (African Court on Human and People's Rights)

Rules of Court (African Court on Human and People's Rights)

Rules of Court (African Court on Human and People's Rights)

Rules of Court (African Court on Human and People's Rights)

Rules of Court (African Court on Human and People's Rights)

Rules of Court (African Court on Human and People's Rights)

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

African Charter on Human and Peoples' Rights

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Rules of Court (African Court on Human and People's Rights)

Rules of Court (African Court on Human and People's Rights)

Rules of Court (African Court on Human and People's Rights)

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Rules of Court (African Court on Human and People's Rights)

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

005/12 Amir Adam Timan v. Sudan (Separate Opinion - Fatsah Ouguergouz)

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Rules of Court (African Court on Human and People's Rights)

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Notifications