DECISION ON THE REPORT OF THE COMMISSION
ON THE HISSENE HABRE CASE
Doc. EX.CL/1040(XXXI)
The Executive Council,
1. TAKES NOTE of the Report of the Commission on the implementation of the Assembly decision on the Hissene Habre trial;
2. CONGRATULATES, the Republic of Senegal, the Republic of Chad, the Commission, AU Partners, Countries and Institutions that contributed to the establishment and funding of the African Extraordinary Chambers towards the successful conclusion of proceedings in the Hissene Habre case;
3. WELCOMES the Decision of the Appeal Chamber of the African Extraordinary Chambers in the Hissene Habre case;
4. PURSUANT to Articles 27 and 28 of the Statute of the African Extraordinary Chambers on the need to address reparation for victims and the establishment of a reparation fund for victims,
5. RECALLS the Assembly decision, Assembly/AU/Dec.615 (XXV), that decided a Trust Fund on reparations for rightful victims of crimes within the jurisdiction of the African Extraordinary Chamber shall be established under the auspices of the Union;
6. REQUESTS the Commission to submit the Statutes of the Trust Fund for victims of Hissene Habre crimes to the Specialized Technical Committee on Justice and Legal Affairs for Consideration and to present it to the Thirtieth Ordinary Session of the Assembly for adoption through the Executive Council January 2018;
7. AUTHORIZES the Commission to take necessary consultations with the Government of the Republic of Chad on the establishment of the Secretariat of the Trust Fund, bearing in mind that, the Decision of the African Extraordinary Chambers, the Senegalese Courts will have jurisdiction over all matters arising from the implementation of the African Extraordinary Chambers’ decision ;
8. INVITES Members States, partners and any other governmental or nongovernmental organisation to provide a voluntary contribute to the Trust Fund and fully support the African Union Commission, to ensure the prompt and effective reparation of the victims as per the Decision of the African Extraordinary Appeal Chambers;
9. APPROVES the recommendations contained in the Progress Report of the Commission on the Hissene Habre case;
10. DECIDES to remain seized of the matter and requests the Commission to report on the progress made on the implementation of this decision at subsequent sessions of the Council.