We, the united African students in Malaysia, humbly crave the indulgence of the government of Senegal to restore the right to liberty of the illegally arrested and detained former President of Chad, Hissein Habre. Justice, equity and the rule of law demands the respect for the principles and doctrines of RES JUDICATA, AUTREFOIS ACQUIT and NON BIS IN IDEM all simply meaning that a person acquitted by a court of law cannot be prosecuted again on the same charges. The Judiciary is independent and should be seen to be so and the constitutional separation of powers should be respected. The aforementioned assertions have the following legal bases :
1. The arrest was based on a Senegal and African Union agreement which was nullified by the ECOWAS Court of Justice on its Judgment of 18th November, 2010
2. Former President Habre was acquitted by the Dakar Court of Appeal and the Senegalese Supreme Court on 14th May, 2010 in the case of H. HABRE vs. THE GOVERNMENT OF SENEGAL on the basis of RES JUDICATA
3. Sections …and … of the Constitution of Senegal has provided for separation of powers and independence of the Judiciary. Thus, the action by the Senegalese authority was inconsistent with those provisions and is therefore null and void to the extent of the inconsistency.
4. When, in 2011, the then Senegalese President, Abdoulaye Wade, attempted to extradite President Habré to Chad, the United Nation ordered him not to do so on the ground that he will not receive Justice, in the hands of his enemies who overthrew and condemned him to death, will rather be killed.

According to the foregoing, we urge the Senegalese authority to stand firm for Justice and by the status of its nation as independent and sovereign should stop dancing to the tune of Idriss Deby and the French government. President Maky Sall is hereby humbly urged to emulate the late President of Nigeria, General Murtala Muhammad, who said at his last OAU meeting
“Africa has come of age ; we will no longer take any command from any super power…”

Mahamat Younous
President of MASSHH
africa_malay@yahoo.com
date : 06, July 2013, Kuala Lumpur, Malaysia