As Chad’s Former Dictator Heads to Trial, Impunity for African Despots May Be Coming to an End
Translation posted 12 August 2015 11:59 GMT
Screen Capture of a video of Hissen Habré at trial / YouTube.
The trial of former Chad dictator Hissène Habré is a historical milestone in African history that many hope signals an end to the days of impunity for authoritarian strongmen. Though the trial was postponed until September, two days after it opened on July 20, it's still a groundbreaking event in Africa. Habre is accused of war crimes, torture, and crimes against humanity.
From 1982 to 1990, Habré's regime was infamous for human rights abuses and atrocities. Known in the international press as “Africa's Pinochet,” Habré's government periodically engaged in ethnic cleansing against various groups andkilled thousands of opponents who were deemed to be threats to the regime.
The international nonprofit group TRIAL (Track Impunity Always) is a Geneva-based human rights organization that thorough investigated the crimes perpetuated by Habré's administration. Here is its account of the type of abuses committed during Habré's eight years in power:
The following video from Human Rights Watch shows a few testimonies from the victims of the regime:
The current president of Chad, Idriss Déby Itno, is credited with removing Habré from power. Yet Déby himself might not be completely innocent of the war crimes committed by Habré, as he was commander-in-chief of the army between in 1983 and 1984.
Still, Déby requested the independent investigation against Habré that brought forth most of the evidence of war crimes in its 1999 report. The report also included some damning evidence of the role of foreign powers in keeping Habré in office.
Despite the mounting evidence of abuse, the process to get Habré to trial was long and challenging. The International Federation of Human Rights provides a detailed timeline of the events that lead to the trial.
Screen capture of video of Clément Abaifouta, president of Habre's victims association / YouTube.
There were many hurdles to overcome: the lack of political will from other African despots, raising funds to support the legal fees, and finding a venue to host the trial.Relwendé Auguste Sawadogo, a jurist from Burkina Faso, unpacks the legal and political challenges that delayed the chance to prosecute Habré:
In addition to the resilience of the association of Habré's victims, the push for a trial was possible thanks to the relentless drive of Reed Brody, a legal counselor at Human Rights Watch. Brody had extensive experience dealing with prosecuting former tyrants, as he helped get Chile's Pinochet and Haiti's Jean-Claude “Baby Doc” Duvalierto trial.
Brody describes why the trial means so much for the African continent:
Brody also explains the critical role played by the Extraordinary African Chambers EAC in getting the trial on its way:
The EAC says it has received 181 accreditation requests from 79 Senegalese reporters, and another 97 from foreign journalists, as well as requests from five film makers and documentary producers. So for, the legal procedures have cost about 7 billions CFAfrancs (1.2 millions USD) to come this far.
An extraordinary event for Africa, this trial demonstrates what could be the beginning of a new era for the continent, where young politicians stubborn enough to go after war criminals are changing the way the law works.
Translation posted 12 August 2015 11:59 GMT
Screen Capture of a video of Hissen Habré at trial / YouTube.
The trial of former Chad dictator Hissène Habré is a historical milestone in African history that many hope signals an end to the days of impunity for authoritarian strongmen. Though the trial was postponed until September, two days after it opened on July 20, it's still a groundbreaking event in Africa. Habre is accused of war crimes, torture, and crimes against humanity.
From 1982 to 1990, Habré's regime was infamous for human rights abuses and atrocities. Known in the international press as “Africa's Pinochet,” Habré's government periodically engaged in ethnic cleansing against various groups andkilled thousands of opponents who were deemed to be threats to the regime.
The international nonprofit group TRIAL (Track Impunity Always) is a Geneva-based human rights organization that thorough investigated the crimes perpetuated by Habré's administration. Here is its account of the type of abuses committed during Habré's eight years in power:
During the eight years of the Habré's regime, there were many reports of mass arrests, mass killings, and the persecution of ethnic groups whose leaders he perceived as threats to his regime, including Sara and other southern groups (in year 1984), Arabs and Hadjaraï (in 1987) and the Zaghawa in 1989. In 1992, an investigative commission conducted by the Chadian Ministry of Justice and mandated by President Idriss Deby charged the government Habré with 40,000 political murders and systematic torture. Most of the abuses were allegedly committed by Habré's political police, the notorious Directorate of Documentation and Security (DDS), whose leaders reported directly to Hissène Habré and all belonged to his own ethnic group, the Goranes. On December 1, 1990, after a year of rebellion, the Patriotic Front Hi, a rebel force led by President Idriss Deby, removed Hissène Habré from power. Hundreds of political prisoners who were detained in various secret detention centers in the capital of Chad were then released.
The following video from Human Rights Watch shows a few testimonies from the victims of the regime:
The current president of Chad, Idriss Déby Itno, is credited with removing Habré from power. Yet Déby himself might not be completely innocent of the war crimes committed by Habré, as he was commander-in-chief of the army between in 1983 and 1984.
Still, Déby requested the independent investigation against Habré that brought forth most of the evidence of war crimes in its 1999 report. The report also included some damning evidence of the role of foreign powers in keeping Habré in office.
The report denounces the reinstatement of many DDS members in current key positions in the administration, as well as within the security apparatus of the Chadian state. This Investigative Commission was one of the only such commissions to have looked actively into the support from foreign powers to African dictators. The report revealed that the US, through the CIA, provided major financial, military, material, and technical support to DDS. The same report found that some American advisers were hosted regularly by the Director of the DDS for information exchange and consulting. The report also accused France, Egypt, Iraq, and Zaire of helping to finance, train, and provide equipment to the DDS. The Investigative Commission included in the report the names of the principal DDS agents, but also their photo IDs.
Despite the mounting evidence of abuse, the process to get Habré to trial was long and challenging. The International Federation of Human Rights provides a detailed timeline of the events that lead to the trial.
Screen capture of video of Clément Abaifouta, president of Habre's victims association / YouTube.
There were many hurdles to overcome: the lack of political will from other African despots, raising funds to support the legal fees, and finding a venue to host the trial.Relwendé Auguste Sawadogo, a jurist from Burkina Faso, unpacks the legal and political challenges that delayed the chance to prosecute Habré:
It seems that the more we approach an agreement on a trial date,the morethere are maneuvers tonot get there. Under these conditions, we cannot help but question the real will of Senegal, and therefore of African Heads of State to hold the trial. A detailed analysis of the current situation that makes a trial seem almost impossible leads us to the conclude that the problem lies more in the lack of political will than in a lack of financial or legal means. We are dealing with a [sense of] justice that is desperately seeking to break out and the struggle to do so lies, among other factors, in the fact that many African leaders see their own fate in the former head of Chad.
In addition to the resilience of the association of Habré's victims, the push for a trial was possible thanks to the relentless drive of Reed Brody, a legal counselor at Human Rights Watch. Brody had extensive experience dealing with prosecuting former tyrants, as he helped get Chile's Pinochet and Haiti's Jean-Claude “Baby Doc” Duvalierto trial.
Brody describes why the trial means so much for the African continent:
Habré's trial is unprecedented, as it's the first where the courts of one country (Senegal) will prosecute the former ruler of another country (Chad). In addition, Habré's prosecution is the first in Africa to be under universal jurisdiction. Universal jurisdiction ensures that suspects of human rights abuses are not granted impunity by a third state, as national courts can prosecute serious crimes committed by a foreigner or against foreign victims.
Brody also explains the critical role played by the Extraordinary African Chambers EAC in getting the trial on its way:
The Extraordinary African Chambers, inaugurated in February 2013 by the Senegal court and the African Union, is set to prosecute crimes committed during Habré's rule, from June 7, 1982, to December 1, 1990. Created within the Senegalese court system, the chambers follows the Senegalese Code of Criminal Procedure and have four levels: an Investigation Chambers, an Indicting Chambers, a Trial Chambers, and an Appeals Chambers. The president of the Trial Chambers is Gberdao Gustave Kam of Burkina Faso, and he will sit with two senior Senegalese judges, Amady Diouf and Moustapha Ba.
The EAC says it has received 181 accreditation requests from 79 Senegalese reporters, and another 97 from foreign journalists, as well as requests from five film makers and documentary producers. So for, the legal procedures have cost about 7 billions CFAfrancs (1.2 millions USD) to come this far.
An extraordinary event for Africa, this trial demonstrates what could be the beginning of a new era for the continent, where young politicians stubborn enough to go after war criminals are changing the way the law works.