Règle correspondante
Chad
Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Chad’s Instructor’s Manual (2006) states:
Respect for IHL by combatants depends on two factors, prevention and repression.
(b) The measures and means of repression [include]:
- International cooperation. 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 107.
In 2007, in its initial report to the Committee against Torture, Chad stated:
115 … Mention should … be made of the Chadian Government’s willingness to cooperate with foreign judicial bodies, especially that of Belgium and with human rights defence associations by allowing access to the premises and archives of the Documentation and Security Directorate (DDS) and to its premises.
314. With regard to acts of torture committed under the regime of Hissène Habré, several rogatory commissions have been executed in Chad to enable the Belgian judge in charge of the case to collect evidence. However, this desire to provide judicial assistance, seen from the perspective of the [1984] Convention [against Torture] which is the subject of this report, has its limitations inasmuch as the offences mentioned in article 4 do not fall within the scope of these agreements on mutual judicial assistance. 
Chad, Initial report to the Committee against Torture, 22 September 2008, UN Doc. CAT/C/TCD/1, submitted 4 September 2007, §§ 115 and 314.
In 2007, in its initial report to the Committee against Torture, Chad stated:
186. There are several instruments governing extradition in Chad, namely the Code of Criminal Procedure, the General Agreement of 12 September 1961 on Cooperation in Judicial Matters and the Franco-Chadian agreement (No. 138/CSM of 6 March 1976) on mutual legal assistance.
187. These instruments govern the conditions and effects of extradition and the procedures to be followed and, more generally speaking, cases in which extradition is not permitted.
188. Under article 447 of the Criminal Code, no extradition is permitted:
When the crime or offence has been committed on Chadian territory;
When the crime or offence, although not committed on Chadian territory, has been prosecuted and formed the subject of a final judgment in Chad;
… When under the laws of the requesting or the requested State legal action has become statute-barred before the request for extradition is made;
If there has been an amnesty in the requesting or the requested State.
197. Chad is now a party to the [1984] Convention against Torture. It cannot undertake an extradition without taking into account all relevant considerations, including, where present, the existence in the requesting State of a pattern of systematic, grave, flagrant or mass violations of human rights. This is a moral duty and a necessary safety precaution. 
Chad, Initial report to the Committee against Torture, 22 September 2008, UN Doc. CAT/C/TCD/1, submitted 4 September 2007, §§ 186–188 and 197.
Regarding extradition for the crime of torture, Chad stated:
297. The criminal legislation of Chad does not envisage or punish torture as a criminal act. Consequently the discovery within the country of a suspected perpetrator of an act of torture committed outside the country cannot give rise either to extradition or to prosecution by the Chad authorities, even where there is a cooperation or mutual judicial assistance agreement between Chad and the requesting State.
298. Under article 445 of the Code of Criminal Procedure the Government of Chad may hand over to foreign governments at their request any person not of Chadian nationality in the territory of the Republic who is the subject of prosecution introduced in the name of the requesting State or of a sentence handed down by the courts of that State. However, extradition is granted only if the offence which has given rise to the request was committed outside the country by a person who is a non-national of that State and when the offence is one which, under Chadian law, may be prosecuted in Chad even if the offence was committed outside the country.
299. The last paragraph of article 445 goes still further. It stipulates that: “In no case shall extradition be granted if the act is not punishable under Chadian law with a penalty of criminal or délit rank.” Since torture is neither a crime nor a délit under Chadian law, not only can no request for extradition be met but in addition it will no longer be possible to undertake proceedings of any kind. Thus the introduction of the provisions of the [1984] Convention against Torture into the domestic legal order is necessary for purposes of trial or extradition of perpetrators of acts of torture.
300. However, if a specific act of torture in respect of which extradition is requested is deemed to be an act giving rise to a penalty of criminal or délit rank under the provisions of domestic instruments (such as the administration of a harmful substance during interrogation by a public official), extradition will be granted, since such acts are punishable under article 245 of the Chadian Criminal Code.
301. The request for extradition would then only have to meet the conditions laid down in the Criminal Code and the requirements of reciprocity. 
Chad, Initial report to the Committee against Torture, 22 September 2008, UN Doc. CAT/C/TCD/1, submitted 4 September 2007, §§ 297–301.
In 2007, in its initial report to the Committee against Torture, Chad stated: “Under article 447 of the Criminal Code, no extradition is permitted … [w]hen the person who is the subject of the request is of Chadian nationality”. 
Chad, Initial report to the Committee against Torture, 22 September 2008, UN Doc. CAT/C/TCD/1, submitted 4 September 2007, § 188.
In 2007, in its initial report to the Committee against Torture, Chad stated:
170. On the specific subject of refugees, article 46 of the Constitution states that: “The right of asylum is granted to foreign nationals within the conditions determined by law. The extradition of political refugees is prohibited.”
186. There are several instruments governing extradition in Chad, namely the Code of Criminal Procedure, the General Agreement of 12 September 1961 on Cooperation in Judicial Matters and the Franco-Chadian agreement (No. 138/CSM of 6 March 1976) on mutual legal assistance.
187. These instruments govern the conditions and effects of extradition and the procedures to be followed and, more generally speaking, cases in which extradition is not permitted.
188. Under article 447 of the Criminal Code, no extradition is permitted:
- When the crime or offence is of a political nature, or when it is apparent from the circumstances that extradition is being requested for political ends;
189. Similarly, article 44 of the 1961 General Convention does not permit extradition if the requested State considers that the offence in respect of which extradition is requested is of a political nature or related to an offence of that nature.
190. In the Franco-Chadian agreement the grounds given for rejection (fin de non-recevoir) of a request for extradition include the political nature of the offence concerned or a connection with such an offence.
191. By clearly stipulating, both in its legislation and through these two agreements (multilateral and bilateral), that political refugees may not be extradited, Chad protects such persons from trials which would be unfair and expose them to the risk of torture where political repression is particularly severe.
192. This protection even extends to extradited persons whose journey takes them through Chadian territory. Article 467 of the Code of Criminal Procedure provides that: “Extradition involving transit of a person of any nationality, handed over by another government, through Chadian territory, or by vessels of the Chadian maritime services, shall be authorized on request received through diplomatic channels accompanied by documentation necessary to establish that the crime is not of a political nature.” 
Chad, Initial report to the Committee against Torture, 22 September 2008, UN Doc. CAT/C/TCD/1, submitted 4 September 2007, § 170 and 186–192.