Yogogombaye vs Senegal
Case No.: 001/2008 Yogogombaye vs Senegal
Delivered: 15 December 2009
This is the first judgment of the African Court on Human and Peoples’ Rights, delivered on 15 December 2009.
Mr. Michelot Yogogombaye, a Chadian national, currently residing in Bienne, Switzerland, brought before the Court a case against the Republic of Senegal, “with a view to obtaining suspension of the ongoing proceedings instituted by the Republic and State of Senegal with the objective to charge, try and sentence Mr. Hissein Habré, former Head of State of Chad, presently asylumed in Dakar, Senegal”.
Judge El Hadj Guissé, a member of the Court, and a national of Senegal, recused himself.
The Court unanimously holds that, in terms of Article 34 (6) of the Protocol, it has no jurisdiction to hear the case instituted by Mr. Yogogombaye against Senegal; as Senegal did not make any declaration accepting the jurisdiction of the Court to deal with applications brought by individuals. The Court also orders that each party bear its own costs.
Judge Fatsah Ouguergouz wrote a seperate opinion. He is in agreement with the views of his colleagues in regard to the conclusions reached by the Court on the question of its jurisdiction and on that of the costs and expenses of the case, and voted in favor of the said conclusions. However, he believes that these two issues deserved to be developed in a more comprehensive manner.