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To Senegal
Take the required legal measures to ensure that Hissène Habré does not leave the country (see January 2007 Human Rights Watch paper);
Begin legal proceedings against Hissène Habré without further delay;
Decide the scope and nature of the investigation and trial. The size of the case needs to be spelled out very early in the process, as it will govern everything that follows. Will Habré be prosecuted for all the alleged crimes of his regime or for a representative sampling of the gravest crimes for which there is the strongest evidentiary basis? Until a decision on the scope of the trial is made, it will be difficult to determine the size of international assistance needed;
If a selection of specific crimes is chosen—which would seem preferable for reasons of cost and efficacy—those selected must reflect the severity and the scope of the crimes committed by the Habré regime, respecting, in particular, the crimes carried out against several of the major ethnic groups in Chad, including southerners, Chadian Arabs, Hadjerais and Zaghawas;
Make use of the results of the four-year Belgian investigation into Habré’s alleged crimes, which the Belgian authorities have offered to make available; (see January 2007 Human Rights Watch paper);
Create a robust witness protection program (see January 2007 Human Rights Watch paper);
To International Donors
Coordinate their efforts to support Senegal in the complex and costly task of investigating and prosecuting Hissène Habré’s alleged crimes, through financial assistance and training (see January 2007 Human Rights Watch paper);
Create an oversight mechanism to insist on measurable political commitment from Senegal, all fair trial guarantees and transparency and accountability in the use of funds;
Fund programs to ensure the accessibility of the Habré trial to the Chadian people, who are the most interested and affected. A significant outreach program, like the one carried out by the Special Court for Sierra Leone, is needed to ensure that a trial in Dakar is accessible to the Chadian people, understood by them and stimulates their own understanding of the past and search for justice;
Provide for the training of Senegalese investigators and judges (see January 2007 Human Rights Watch paper);
Support independent monitoring of the trial, appeal and pretrial proceedings by Senegalese and African civil society and the African Union.
December 2007
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