Justice, even if delayed, is always sweet when eventually obtained. And so it has been for victims of years of human rights abuse in Chad, who had to wait for a quarter of a century for justice to come their way. Their case, much like that of the victims of the Hillsborough tragedy of 1989, who had to wait for 27 years to get a verdict of vindication, was the reward for the relentless pursuit of a just cause, even when hampered by political manipulation, intimidation and other sundry obstacles.
Until his arrest, trial and conviction last month for crimes against humanity, the former Chadian president, Hissene Habre, thought he was safe in the small, serene community of Ouakam, Dakar, in Senegal, where he was enjoying a quiet life in exile – supposedly far away from the long arm of the law. For years, he enjoyed the protection of his hosts, who resisted attempts to put him on trial. But, to the delight of the victims of his brutal eight-year rule, Habre was handed a sentence last week that will keep him behind bars for the rest of his life, except he succeeds in the impending appeal against the judgement.
Habre, who came into power in 1982, after a coup that ousted his former comrade-in-arms, Goukouni Oueddei, was accused of running a government of repression that carried out estimated 40,000 politically-motivated murders and about 200,000 cases of torture. Allegations of serial rapes also came up with witnesses giving details of how he personally had his way with them. He ran a torture chamber that was converted from an abandoned swimming pool, where people were allegedly tortured by his dreaded secret police force, the Directorate of Documentation and Security. At the DDS underground detention camp, people were made to endure electric shocks, as was the case in Nigeria during the reign of the dreaded Sani Abacha. Other forms of torture included being subjected to near-asphyxia, cigarette burns and squirting of gas into their eyes.
But what happened in Dakar, the Senegalese capital, was unprecedented. It was the first universal jurisdiction case on the African continent; the first trial and conviction of a former African Head of State within the African continent, by a special court, at the instance of the African Union. It was the outcome of a class action case by those who survived Habre’s torture and families of those he killed during his eight-year reign of terror.
Prior to Habre’s trial, the only other African leader to be convicted was the former Liberian President, Charles Taylor, whose trial at the United Nations Special Court for Sierra Leone at The Hague for aiding and abetting the commission of war crimes fetched him a 50-year jail term. A former Ivorien leader, Laurent Gbagbo, is also undergoing trial for the orchestration of “unspeakable violence” in an attempt to hold on to power after losing an election in 2010. Gbagbo’s contrived violence reportedly claimed an estimated 3,000 lives.
Another conviction, this one of a warlord in Congo, took place two years ago when Germain Katanga was sentenced to 12 years in prison by the International Criminal Court for aiding and abetting war crimes. However, unlike Habre’s trial, which took place at the Extraordinary African Chamber, an ad hoc court set up by Sengeal and AU, these other events took place – or are still taking place – outside Africa.
Of importance in the jailing of Habre is the message it sends to other African tyrants and war criminals, who should by now be coming to terms with the fact that there is no hiding place anymore for them from their sordid past. It is a strong message that the days of impunity are over for those who feel they can ride roughshod over their compatriots and, at the end of their tenure, retire somewhere in opulence to enjoy the proceeds of their years of plundering.
It is actually an irony that such an event occurred in Africa, a continent that has continually been critical of activities of the ICC, describing it as a creation of the West, purposely to hound and persecute African leaders. For that reason, South Africa last year refused to arrest the Sudanese leader, Omar al-Bashir, an ICC fugitive who showed up for an AU summit in that country. Not only was al-Bashir protected, South Africa is also threatening to end its membership of the ICC. Zimbabwe’s repressive government is still harbouring Mengistu Haile Mariam who is accused of genocide during his disastrous rule in Ethiopia.
In spite of the trial taking place in Africa, critics are still of the view that it was instigated by the West. This may not be altogether untrue. It was the ICC that ordered Senegal to either try Habre who was ousted from power by the current ruler of the country, Idriss Deby, or extradite him to Belgium for trial. The change of political leadership in Senegal and a constitutional amendment also made it possible for the trial to take place. But whatever motive the critics and cynics may read into the conviction, those who spent 25 years seeking justice are not complaining.
As the world awaits the outcome of the appeal, all victims of human rights abuse in any part of the world can be hopeful that justice could always be obtained if they are ready to fight to the bitterest end. It also tells dictators the world over that the days of impunity are over. At his hour of need, the French and Americans who propped up Habre and turned a blind eye to all the atrocities he was committing were not there to save him. That will be the fate of all the other dictators when their time is up.
