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Trial of Chad’s Ex-President Is Punctuated by His Noncooperation Trial of Chad’s Ex-President Is Punctuated by His Noncooperation
(about 1 hour later)
PARIS — Most mornings since September, the former president of the African nation of Chad was woken at dawn in his specially refurbished prison quarters for a trip he loathed.PARIS — Most mornings since September, the former president of the African nation of Chad was woken at dawn in his specially refurbished prison quarters for a trip he loathed.
Armed guards hauled Hissène Habré, the former ruler, to the main courthouse in Dakar, Senegal, where he was on trial, and confined him to the defendant’s chair. From then on, he seemed to go into a trance for hours on end, barely stirring in his crisp white robes, his turban wrapped across much of his face, the way desert nomads hide from sandstorms.Armed guards hauled Hissène Habré, the former ruler, to the main courthouse in Dakar, Senegal, where he was on trial, and confined him to the defendant’s chair. From then on, he seemed to go into a trance for hours on end, barely stirring in his crisp white robes, his turban wrapped across much of his face, the way desert nomads hide from sandstorms.
After the first day, when he yelled insults at the three judges, Mr. Habré never opened his mouth until he was taken out of court.After the first day, when he yelled insults at the three judges, Mr. Habré never opened his mouth until he was taken out of court.
That daily ritual came to an end last week, when lawyers made closing arguments and the prosecutor asked for the confiscation of all his property along with a life sentence for Mr. Habré, 73.That daily ritual came to an end last week, when lawyers made closing arguments and the prosecutor asked for the confiscation of all his property along with a life sentence for Mr. Habré, 73.
The special court created for Mr. Habré in Senegal, where he had been freely living in exile, is expected to announce a verdict in May. Lawyers following the trial believe the prosecution has made a strong case, presenting almost 100 witnesses and stacks of documents that aim to tie Mr. Habré to crimes against humanity, war crimes and torture during his rule from 1982 to 1990.The special court created for Mr. Habré in Senegal, where he had been freely living in exile, is expected to announce a verdict in May. Lawyers following the trial believe the prosecution has made a strong case, presenting almost 100 witnesses and stacks of documents that aim to tie Mr. Habré to crimes against humanity, war crimes and torture during his rule from 1982 to 1990.
No one knows the exact number of victims, although a Chadian truth commission formed after Mr. Habré was ousted attributed 40,000 political killings to his government. Witnesses at the trial who were brought from Chad, aging men and women who had survived torture, starvation and illness in prisons, testified that they never knew why they, or their relatives who had been killed, had been abducted and incarcerated.No one knows the exact number of victims, although a Chadian truth commission formed after Mr. Habré was ousted attributed 40,000 political killings to his government. Witnesses at the trial who were brought from Chad, aging men and women who had survived torture, starvation and illness in prisons, testified that they never knew why they, or their relatives who had been killed, had been abducted and incarcerated.
Beyond presenting witnesses, the prosecution built its case around thousands of pages of recovered archives of Mr. Habré’s dreaded secret police, the Directorate of Documentation and Security. The archives listed people who had been jailed, transferred between jails or had died in custody, without further explanation. The records included intelligence reports and notes from interrogations.Beyond presenting witnesses, the prosecution built its case around thousands of pages of recovered archives of Mr. Habré’s dreaded secret police, the Directorate of Documentation and Security. The archives listed people who had been jailed, transferred between jails or had died in custody, without further explanation. The records included intelligence reports and notes from interrogations.
“It’s very, very rare for the prosecution to gain access to such a library of crimes,” said William Bourdon, a French lawyer for the victims who has long practiced before international tribunals.“It’s very, very rare for the prosecution to gain access to such a library of crimes,” said William Bourdon, a French lawyer for the victims who has long practiced before international tribunals.
If Mr. Habré is found guilty by the judges — one from Burkina Faso and two from Senegal — he is expected to serve any sentence in Senegal. Chad convicted Mr. Habré and sentenced him to death in absentia in 2008 for conspiring to overthrow the present government, but has not requested his extradition.If Mr. Habré is found guilty by the judges — one from Burkina Faso and two from Senegal — he is expected to serve any sentence in Senegal. Chad convicted Mr. Habré and sentenced him to death in absentia in 2008 for conspiring to overthrow the present government, but has not requested his extradition.
The question of Mr. Habré’s property may be harder to resolve. Although the Chad government said that he had emptied the national treasury before fleeing in 1990 and that he had arrived in Senegal flush with cash, the whereabouts of his entire presumed fortune is not publicly known.The question of Mr. Habré’s property may be harder to resolve. Although the Chad government said that he had emptied the national treasury before fleeing in 1990 and that he had arrived in Senegal flush with cash, the whereabouts of his entire presumed fortune is not publicly known.
Mr. Habré’s rise and fall took place during a period of instability that predates the current mayhem in North Africa: He seized power in a coup with covert help from Washington, and received arms and advice from France, Israel and the United States to contain Col. Muammar el-Qaddafi of Libya. France, which once colonized Chad, also played a covert role in helping to depose Mr. Habré.Mr. Habré’s rise and fall took place during a period of instability that predates the current mayhem in North Africa: He seized power in a coup with covert help from Washington, and received arms and advice from France, Israel and the United States to contain Col. Muammar el-Qaddafi of Libya. France, which once colonized Chad, also played a covert role in helping to depose Mr. Habré.
Since his overthrow, many African countries have endured abusive dictators, warlords and large-scale bloodshed that has gone unpunished. But the Habré case has stood out because of determined victims who were advised and supported by Human Rights Watch and other advocates.Since his overthrow, many African countries have endured abusive dictators, warlords and large-scale bloodshed that has gone unpunished. But the Habré case has stood out because of determined victims who were advised and supported by Human Rights Watch and other advocates.
“It’s been incredibly rewarding to see these long-buried events finally recounted in court,” said Reed Brody, a lawyer for Human Rights Watch who has worked with a victims’ group for more than a decade.“It’s been incredibly rewarding to see these long-buried events finally recounted in court,” said Reed Brody, a lawyer for Human Rights Watch who has worked with a victims’ group for more than a decade.
Many atrocities of the Habré period were known, but during the trial, witnesses revealed new details about the extent of rape of women held in prisons or in army camps. Khadidja Zidane, a middle-aged woman, caused a stir when she blurted out in court that when she was his prisoner, “Hissène Habré raped me four times.” Many atrocities of the Habré period were known, but at the trial, witnesses revealed new details about the extent of rape of women held in prisons or in army camps. Khadidja Zidane, a middle-aged woman, caused a stir when she blurted out that when she was his prisoner, “Hissène Habré raped me four times.”
Questions about weaknesses in the trial have been raised by issues like Mr. Habré’s refusal to present a defense because he deemed the court illegitimate. The judges had to name a team of Senegal lawyers unfamiliar with the case.Questions about weaknesses in the trial have been raised by issues like Mr. Habré’s refusal to present a defense because he deemed the court illegitimate. The judges had to name a team of Senegal lawyers unfamiliar with the case.
Despite his noncooperation, Mr. Habré was hardly indifferent to his trial. His private lawyer from France, François Serres, worked the corridors, providing interviews and commentaries. Mr. Habré’s loyalists ran his “official” website, presenting rebuttals to events in court and attacking witnesses.Despite his noncooperation, Mr. Habré was hardly indifferent to his trial. His private lawyer from France, François Serres, worked the corridors, providing interviews and commentaries. Mr. Habré’s loyalists ran his “official” website, presenting rebuttals to events in court and attacking witnesses.
Questions have been raised about the role of Idriss Déby, the president of Chad, who once led Mr. Habré’s army, drove him from power in 1990 and has remained in office since. Mr. Déby’s government, aside from paying one-third of the trial’s $11 million budget, prevented court investigators from questioning former police and army chiefs and other insiders in Chad. Mr. Déby also prevented these people from testifying, which prompted Mr. Serres to write that evidently “they could have incriminated Déby or provided evidence embarrassing to him.”Questions have been raised about the role of Idriss Déby, the president of Chad, who once led Mr. Habré’s army, drove him from power in 1990 and has remained in office since. Mr. Déby’s government, aside from paying one-third of the trial’s $11 million budget, prevented court investigators from questioning former police and army chiefs and other insiders in Chad. Mr. Déby also prevented these people from testifying, which prompted Mr. Serres to write that evidently “they could have incriminated Déby or provided evidence embarrassing to him.”
Some African and European commentators have criticized Western pressure on Senegal, which had long frustrated efforts by victims to bring Mr. Habré to trial.Some African and European commentators have criticized Western pressure on Senegal, which had long frustrated efforts by victims to bring Mr. Habré to trial.
“In the end, I believe the trial was essentially fair, considering that the accused refused to participate,” said Thierry Cruvellier, an author of books and articles about international tribunals. “I’d even call this trial expeditious and cost-effective. But I believe a similar case will not be repeated in Africa.”“In the end, I believe the trial was essentially fair, considering that the accused refused to participate,” said Thierry Cruvellier, an author of books and articles about international tribunals. “I’d even call this trial expeditious and cost-effective. But I believe a similar case will not be repeated in Africa.”