Practice Relating to Rule 99. Deprivation of Liberty
Chad’s Instructor’s Manual (2006) states that “illegal detention” is a grave breach of the 1949 Geneva Conventions and thus a war crime.
In 2007, in its initial report to the Committee against Torture, Chad stated:
10. Since the early years of independence the Republic of Chad has had a long tradition of secret detentions … fed by intercommunal conflicts and bloody internecine civil wars in the struggle for power.
11 … [I]llegal arrests [and] arbitrary detentions … are prohibited and severely punished under the 1967 Criminal Code.
Chad further stated:
The Commission of Inquiry of the Ministry of Justice into the crimes and abuses of power of former President Habré and his accomplices
113. The Commission of Inquiry was created by Decree No. 014/P.CE/CJ/90 of 29 December 1990 at the end of Hissène Habré’s dictatorship and entrusted with the task of assessing the reign of terror that had cost so many human lives.
114. Placed under the authority of the Ministry of Justice, the Commission of Inquiry’s tasks were to:
- Investigate the … detentions …
- Determine the amount of the contribution to the war effort and its use as of 1986.
In 2009, in its written replies to the issues raised by the Human Rights Committee with regard to Chad’s initial report, Chad stated:
52. Officially, there are no secret places of detention. The Criminal Code makes it a requirement to report illegal detention: “Public officials responsible for carrying out administrative or judicial police functions who refuse or neglect to respond to a lawful request to report illegal or arbitrary detentions, i.e. in any other place, and cannot prove that they have reported it to a higher authority, shall be liable to imprisonment for one month to one year and required to pay damages.”
53. Nevertheless, a very small number of cases of secret detention came to light during the events of 2 and 3 February 2008 [clashes between governmental forces and armed groups], when the State institutions were destabilized. Immediately on return to the normal functioning of the administration, however, that situation was remedied.
Chad’s Instructor’s Manual (2006) states: “Anyone who is arrested, detained or interned must be informed rapidly of the reason for his arrest.”