Practice Relating to Rule 151. Individual Responsibility
In 2007, in its initial report to the Committee against Torture, Chad stated:
384. In Chad there is no legal text categorizing torture as a distinct crime. As pointed out many times, it constitutes only an aggravating circumstance.
385. Thus a torture victim may file a criminal indemnity action by invoking the provisions of article 7 of the Chadian Code of Criminal Procedure.
386. Following the abuses committed under the regime of former President Habré, the victims brought criminal indemnity actions before the Doyen of the investigating judges appointed in what could be called the “case of Habré and his accomplices”. This procedure led to the opening of a judicial investigation.
387. This Chadian judge in charge of the file on the DDS [Documentation and Security Directorate] agents has still not been given adequate resources for fulfilling his mission and also comes up against the absence of provisions on torture in criminal law.
388. Another way of enabling a victim to obtain reparation is the exercise of the remedies provided in article 1384 of the French Civil Code, which is in force in Chad.
389. On the basis of solutions found for victims of torture in other countries and assisted by the presence of deputies who were victims, the victims had the National Assembly prepare a proposed law that aims to grant them a sum of money for reparation of the injury sustained. The proposed law estimates this reparation at CFAF 40 million per person per year. The rate is the same for both direct and indirect victims.
390. The victims propose that these amounts could come from the Treasury, from assets belonging to President Habré and his accomplices, which must be confiscated, and from external funds.
In 2009, in its written replies to the issues raised by the Human Rights Committee with regard to Chad’s initial report, Chad stated:
There is no law in Chad specifically criminalizing the act of torture; torture can only be an aggravating factor. Thus the victim of a criminal act who was subjected to torture may sue for criminal damages under article 6 of the Code of Criminal Procedure. Other means of redress available to the victim are the remedies provided under article 1382 of the French Civil Code in force in Chad and, on grounds of grievous bodily harm, articles 252 and 253 of the Criminal Code.