Sentencia de la CIJ en el asunto "Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal)"

INTERNATIONAL COURT OF JUSTICE
Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal)

On 19 February 2009, Belgium filed in the Registry of the Court an Application instituting proceedings against Senegal in respect of a dispute concerning “Senegal’s compliance with its obligation to prosecute Mr. H[issène] Habré[, former President of the Republic of Chad, for acts including crimes of torture and crimes against humanity which are alleged against him as perpetrator, co-perpetrator or accomplice,] or to extradite him to Belgium for the purposes of criminal proceedings”. In its Application, Belgium based its claims on the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 (hereinafter “the Convention against Torture” or the “Convention”), as well as on customary international law. On 19 February 2009, in order to protect its rights, Belgium also submitted a request for the indication of provisional measures, on which the Court made an Order on 28 May 2009.

In its Judgment, which is final, without appeal and binding on the Parties, the Court

(1) finds, unanimously, that it has jurisdiction to entertain the dispute between the Parties concerning the interpretation and application of Article 6, paragraph 2, and Article 7, paragraph 1, of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984, which the Kingdom of Belgium submitted to the Court in its Application filed in the Registry on 19 February 2009;
(2) finds, by fourteen votes to two, that it has no jurisdiction to entertain the claims of the Kingdom of Belgium relating to alleged breaches, by the Republic of Senegal, of obligations under customary international law;
(3) finds, by fourteen votes to two, that the claims of the Kingdom of Belgium based on Article 6, paragraph 2, and Article 7, paragraph 1, of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 are admissible;
(4) finds, by fourteen votes to two, that the Republic of Senegal, by failing to make immediately a preliminary inquiry into the facts relating to the crimes allegedly committed by Mr. Hissène Habré, has breached its obligation under Article 6, paragraph 2, of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984;
(5) finds, by fourteen votes to two, that the Republic of Senegal, by failing to submit the case of Mr. Hissène Habré to its competent authorities for the purpose of prosecution, has breached its obligation under Article 7, paragraph 1, of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984;
(6) finds, unanimously, that the Republic of Senegal must, without further delay, submit the case of Mr. Hissène Habré to its competent authorities for the purpose of prosecution, if it does not extradite him.

Press Release 2012/24 [Here]