Home -> Law Blog Directory -> Legal News Blogs -> JURIST - The Paper Chase

Legal News

: JURIST - The Paper Chase

Africa rights court refuses to take Habre case in first ruling

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The African Court on Human and People's Rights (AfCHPR) issued its first decision Tuesday, finding that it lacks jurisdiction to hear a case against Senegal on whether charges against former Chadian president Hissene Habre should be dropped. Chadian national Michelot Yogogombaye filed a petition with the court last year seeking to suspend the planned Senegalese trial of Habre. The court unanimously dismissed the case for lack of jurisdiction: Consequently, the Court concludes that Senegal has not accepted the jurisdiction of the Court to hear cases instituted directly against the country by individuals or non-governmental organizations. In the circumstances, the Court holds that ... it does not have jurisdiction to hear the application.Habre, who has been accused of involvement in the murder or torture of more than 40,000 political opponents during his rule from 1982 to 1990, fled to Senegal after being overthrown in 1990. Belgium has sought to try him under the principle of universal jurisdiction, but Senegal has long refused extradition.Last year, the AfCHPR was criticized for its failure to effectively institute a court to adjudicate human rights issues on the continent. Minority Rights Group International (MRGI) said the AfCHPR had not yet begun to hear cases despite its establishment more than 10 years ago, attributing the delay to disputes between the court and the commission and a lack of strong support from African Union (AU) countries. Eleven judges were sworn-in in 2006, despite criticism for lack of transparency in the nomination process. The AfCHPR was officially created by a 1998 AU protocol

Full post as published by JURIST - The Paper Chase on December 15, 2009 (boomark / email).