legislative powers in the fields of the judiciary. 40. The Court notes that if the principle of separation of powers is a fundamental principle recognized in all societies encratism, the fact that a state change its constitution and its laws can be invoked by an individual to violate his human rights without any other consideration. 41. The Court believes that the principle of non-separation of powers is not in itself a violation of human rights if any consequence of this non-separation of powers does not affect a specific right of man protected by international treaties. 42. The Court notes that in this case the mere allegation of interference by the executive and legislative branches of the State of Senegal gained from the change in its Constitution and its penal law does not constitute a violation a specific human right of Mr. Hissein Habré and is in no way a violation of judicial independence. The Court therefore rejects this argument. e) Breach of the principle derived from the non-retroactivity of criminal law. 43 . The Complainant asserts that the non-retroactivity of criminal law that is enshrined in these words : " No person shall be sentenced for actions or omissions which were not when they occurred, a legally punishable offense. No penalty may be imposed if it was not anticipated at the time the crime was committed. Punishment is personal and can be imposed that the offender " ; " No one shall be sentenced for actions or omissions which, when it was committed did not constitute a criminal offense under national

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