Senegal's prosecution of Habre 'illegal'

DAKAR (AFP) - Lawyers for former Chadian president Hissene Habre said Tuesday they have filed a lawsuit in a regional human rights court to prevent Senegal "illegally" prosecuting him for crimes against humanity.

Habre's trial, delayed for years by Senegal where he has lived since being ousted in 1990, will set a historic precedent as until now African leaders accused of atrocities have only been tried in international courts.

His defence team filed a petition on April 23 asking the Economic Community of West African States Community Court of Justice in Abuja, Nigeria, to rule that Senegal has violated his human rights, it said in a statement.

The statement said Dakar was "firmly committed, through the creation of a rogue African special chambers, to the re-trial of President Habre on a completely illegal basis".

Habre is accused of crimes against humanity, war crimes and torture during his eight years in power in Chad, where rights groups report that some 40,000 people were killed under his rule.

Senegal and the African Union (AU) signed an agreement in December to set up the court, which has a budget of 7.4 million euros (9.7 million dollars) to try Habre for the offences, allegedly committed between 1982 and 1990.

His lawyers argue that the court is "subservient to the Senegalese executive" and the agreement between Dakar and the AU "is not based... on any legal ruling, national or international".

The AU had mandated Senegal to try Habre in July 2006, but the country stalled the process for years under former president Abdoulaye Wade.

His successor, Macky Sall, who took office in April 2012, ruled out extraditing Habre to Belgium, which was prepared to try him, and vowed to organise a trial in Senegal.