grounds that the substantive law in Senegal did not contain provisions on the
crime against humanity and that when under "the principle of legality of crimes
and penalties stated in Article 4 of the Penal Code Senegalese courts could
materially know these facts."
11. That indictment also found that the facts of torture did not fall within the
provisions of Section 669 of the Criminal Procedure Code which lists the
Senegalese case in which an alien can be prosecuted in Senegal acts committed
outside that State.
12. That on appeal by the plaintiffs, the First Chamber of the Court of Cassation
in criminal matters, in its ruling of March 20, 2001 and believes that "no
procedural text only recognizes universal jurisdiction for Senegalese courts" to
judge allegations against Mr. Hissein Habre. The Supreme Court has held that if
the New York Convention against Torture of 10 December 1984 16 June 1986
ratified by the State of Senegal provides for such jurisdiction, the fact remains
that "The execution of the Convention requires to be taken by Senegal prior
legislative measures. " The Supreme Court then dismissed the appeal.
13. That at the end of 2000, the Belgian court receives complaints filed against
him has opened an investigation for crimes against humanity. The judge handling
the case was issued, September 20, 2005 an international arrest warrant against
him. That asked for an opinion on the extradition request made by Belgium, the
indictment of the Court of Appeal in Dakar declared itself incompetent by a
decree of November 25, 2005.
14. The Complainant contends that although the judicial authorities of Senegal
came to rule and make the final decisions and bear the authority of res judicata
on the case against all odds, the President of the Republic of Senegal decided to
refer the matter to the African Union.