retroactivity of criminal law during the introduction by the State of Senegal to new
provisions in its Constitution.
35. But since the right of Appeal analyzed the right of an individual can apply to a
court for a declaration or a right to punish the violation of a right. This right to
effective remedy is different from the limited constitutional remedy reserved by
the laws of a State to a number of individuals to establish the unconstitutionality
of one or more laws.
36. Hissein Mr. Habré can not claim the right to effective remedy as provided for
in international instruments protecting human rights to require the State of
Senegal made available to the control of constitutionality of a law then well as texts
Senegalese permit to any individual.
37. What any event Mr. Hissein Habre offers no concrete evidence of violations of
the right to effective remedy in that it belongs v. State within its functioning to
predict whether to grant or does not give an individual the constitutionality of a
statute by action. The simple fact of not having foreseen this possibility does not
imply the absence of the right to an effective remedy.
38. The Court believes that the alleged deprivation by Hissein Habre of not being
able to benefit from the possibility of constitutional law which he believes is the
source of the violation of his rights, not can be regarded as the right to effective
remedy. The right to effective remedy as contemplated by the Complainant can not
succeed in this action and the Court rejects this claim.
d) The violation related to the separation of powers and independence
of justice.
39. Mr. Hissein Habre believes that constitutional and legislative reforms
undertaken by the government of Senegal is an interference by the executive and