Torture by Police, Forced Disappearance & Other Ill Treatment In the early years of the 21st Century, 2000 to
2025 gvnet.com/torture/Chad.htm
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CAUTION: The following links
have been culled from the web to illuminate the situation in Chad. Some of these links may lead to websites
that present allegations that are unsubstantiated or even false. No
attempt has been made to validate their authenticity or to verify their content. HOW TO USE THIS WEBPAGE Students If you are looking
for material to use in a term-paper, you are advised to scan the postings on this
page and others to see which aspects of Torture by Authorities are of
particular interest to you. You might
be interested in exploring the moral justification for inflicting pain or
inhumane or degrading treatment or punishment in order to obtain critical
information that may save countless lives, or to elicit a confession for a
criminal act, or to punish someone to teach him a lesson outside of the
courtroom. Perhaps your paper might
focus on some of the methods of torture, like fear, extreme temperatures,
starvation, thirst, sleep deprivation, suffocation, or immersion in freezing
water. On the other hand, you might
choose to write about the people acting in an official capacity who
perpetrate such cruelty. There is a
lot to the subject of Torture by Authorities.
Scan other countries as well as this one. Draw comparisons between activity in
adjacent countries and/or regions.
Meanwhile, check out some of the Term-Paper
resources that are available on-line. ***
ARCHIVES *** 2020 Country
Reports on Human Rights Practices: Chad U.S. Dept of State Bureau of Democracy, Human Rights, and
Labor, 30 March 2021 www.state.gov/reports/2020-country-reports-on-human-rights-practices/chad/
[accessed 7 July
2021] TORTURE AND OTHER
CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT Although the
constitution prohibits such practices, there was anecdotal evidence the
government continued to employ them. In response to the
March Boko Haram attack that killed 92 soldiers, the government launched the
Wrath of Boma military operation. Two reputable
nongovernmental organizations (NGOs) investigated and reported alleged abuses
by security forces during the operation. PRISON AND DETENTION
CENTER CONDITIONS Local NGOs reported
potable water, sanitation, and health care were inadequate. Provisions for
heating, ventilation, and lighting were inadequate or nonexistent. Inmates
were vulnerable to diseases such as HIV, tuberculosis, COVID-19, and malaria.
The law stipulates a doctor must visit each prison three times a week, but
authorities did not comply. ARREST PROCEDURES
AND TREATMENT OF DETAINEES According to a
Ministry of Justice official, authorities sometimes held pretrial detainees
without charge for years, particularly for felonies allegedly committed in
the provinces, because the court system only had the capacity to try criminal
cases in the capital. The length of detention sometimes equaled or exceeded
the possible sentence for the alleged crime. Lengthy pretrial detention was
exacerbated by an overworked judiciary susceptible to corruption. Freedom House
Country Report 2018 Edition freedomhouse.org/country/chad/freedom-world/2018 [accessed 11 May
2020] F3. IS THERE PROTECTION FROM THE ILLEGITIMATE
USE OF PHYSICAL FORCE AND FREEDOM FROM WAR AND INSURGENCIES? Civilian leaders do
not maintain control of the security forces, who
stand accused of killing and torturing with impunity. The militant group Boko
Haram operates near Lake Chad, and in 2017 it continued to carry out
abductions and killings of civilians, and burned dozens of homes, leading to
increased internal displacement. Figures vary, but some reports claim the
number of internationally displaced persons (IDPs) in Chad from the Lake Chad
region alone may be as high as 120,000. Prison conditions are severe. Conviction
of Hissene Habre for War
Crimes, Crimes Against Humanity, and Torture John Kerry, U.S.
Secretary of State, Washington DC, 30 May 2016 www.state.gov/secretary/remarks/2016/05/257811.htm www.japantimes.co.jp/news/2016/05/31/world/crime-legal-world/senegal-court-sentences-chad-ex-dictator-habre-life-rape-torture-crimes-humanity/#.V6jWMzVwQ6Y [accessed 8 August
2016] 2009-2017.state.gov/secretary/remarks/2016/05/257811.htm [accessed 21 July
2017] Habre’s crimes were
numerous, calculated, and grave. Beginning in 1982, his eight-year term as
the president of Chad was marked by large-scale, systematic violations,
including those involving murder of an estimated 40,000 people, widespread
sexual violence, mass imprisonment, enforced disappearance, and torture.
Without the persistence of his accusers and their demand for justice, Habre might never have faced a court of law. Former
Chad dictator to face trial in Senegal on war crimes, torture charges The Associated Press
AP, Dakar Senegal, 14 February 2015 www.foxnews.com/world/2015/02/14/former-chad-dictator-to-face-trial-in-senegal-on-war-crimes-torture-charges/ [accessed 30 March
2015] A court in Senegal
has decided to put former Chad dictator Hissene Habre on trial for charges of crimes against humanity,
war crimes and torture. The Extraordinary
African Chambers made the announcement Friday evening in response to the
findings of a 19-month investigation into alleged crimes committed during Habre's presidency, which lasted from 1982 to 1990 The trial would be
the first in Africa to rely on "universal jurisdiction," in which
countries prosecute serious crimes committed abroad. Torture
Detailed at Trial Human Rights Watch,
16 January 2015 www.hrw.org/news/2015/01/16/chad-torture-detailed-trial [accessed 26 March
2015] Dramatic evidence
presented at the trial in Chad of 21 former security agents confirms that
torture was systematic during the Hissène Habré dictatorship, from 1982 to 1990, Human Rights Watch
said today. Since the trial began on
November 14, 2014, about 50 victims have described their torture and
mistreatment at the hands of agents of the Directorate of Documentation and
Security Directorate (DDS), Habré’s political
police. Josué Doumasen, among many others, described being subjected to
the “arbatachar,” a frequently used torture method
that involved tying all four of a prisoner's limbs behind their back to interrupt
the bloodstream and quickly induce paralysis. Several women alluded to their
rape in detention. Ginette Ngarbaye, arrested when she was pregnant and tortured
with electric shocks, gave birth to her first child in prison. Clement Abaifouta, the president of the victims’ association,
described how he was forced to bury the bodies of deceased detainees in mass
graves. Conclusions and
recommendations of the Committee against Torture U.N. Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment -- Doc. CAT/C/TCD/CO/1
(2009) www1.umn.edu/humanrts/cat/observations/chad2009.html [accessed 24
February 2013] 14. The Committee
notes with concern that Chadian criminal law does not currently contain any
provisions guaranteeing the absolute and non-derogable
nature of the prohibition of torture, and that numerous abuses, including
cases of torture and enforced disappearance recognized by the State party, are
committed during states of emergency (art. 2). The State party
should ensure that the principle of the absolute prohibition of torture is
incorporated in its criminal legislation. The State party should also ensure
the strict application of such legislation, in accordance with article 2,
paragraph 2, of the Convention, which stipulates that no exceptional
circumstances whatsoever, whether a state of war or a threat of war, internal
political instability or any other public emergency, may be invoked as a
justification of torture. Due obedience 15. The Committee
notes with concern that article 143 of the Chadian Criminal Code, which
establishes that any person who acts on the orders of a hierarchical superior
shall be exempt from punishment, is not in conformity with the obligations
stemming from article 2, paragraph 3, of the Convention (art. 2). The State party
should amend its legislation to explicitly state that an order from a
superior officer or public authority may not be invoked as justification of
torture. 17. The Committee
is deeply concerned about: (a) Persistent and
consistent reports of torture and ill-treatment allegedly carried out by the
State party’s security forces and services, especially in district police
stations, gendarmeries and remand centres, and the
apparent impunity enjoyed by the perpetrators of such acts; (b) Allegations
that the newly formed environmental protection brigades and the brigade
responsible for searching for weapons indulge in acts that contravene the
Convention; (c) The conclusions
of the commission of inquiry into the events of February 2008, and
conclusions drawn from other sources, which report summary and extrajudicial
executions, rapes, kidnappings followed by enforced disappearance, torture
and cruel, inhuman or degrading treatment, arbitrary arrests, intimidation
and harassment of political opponents, human rights defenders and civilians.
The Committee is particularly concerned about the fate of Mr. Ibni Oumar Mahamat
Saleh, a political opponent and former minister who was arrested on 3
February 2008 and who has since disappeared; (d) Reports that
torture and ill-treatment are commonly used on prisoners of war and political
opponents (arts. 2 and 12). The State party
should: (a) Take immediate
steps to guarantee in practice that all allegations of torture and
ill-treatment are the subject of a thorough, prompt and impartial
investigation and that the perpetrators of such acts are brought to trial
and, if found guilty, sentenced to penalties proportional to the seriousness
of the acts committed; (b) Investigate the
involvement of government agents, members of the armed forces and government
security forces and allies of the Government in acts of torture, rape,
enforced disappearance and other abuses committed during the events of
February 2008; (c) Investigate the
activities of the environmental protection brigade and the brigade
responsible for searching for weapons and ensure effective control over their
future actions; (d) Implement, as
soon as possible, the recommendations of the commission of inquiry into the
events of February 2008; (e) Offer full
reparation, including fair and adequate compensation for the victims of such
acts, and provide them with medical, psychological and social rehabilitation. Secret detention centres 18. The Committee
notes that secret places of detention are prohibited, but nevertheless
expresses concern about the conclusions in the report of the commission of
inquiry into the events of February 2008, which reveal the existence of
secret places of detention run by State agents (arts. 2 and 11). The State party
should identify and order the closure of all illegal places of detention,
order the immediate handover of anyone still detained in such places to the
judicial authorities, and ensure that they enjoy all the fundamental
guarantees for the prevention of and their protection from any act of torture
and ill-treatment. The Case Against Hissène Habré, an "African
Pinochet" Human Rights Watch www.hrw.org/news/2009/02/11/case-against-hissene-habre-african-pinochet [accessed 21 August
2016] Habré is accused of
thousands of political killings and systematic torture when he ruled Chad,
from 1982 to 1990. Hehas been living in exile in
Senegal for more than 21 years but has yet to face justice there, despite
being indicted in 2000. Habré is also wanted by
Belgium on charges of crimes against humanity, war crimes, and torture. AMNESTY
INTERNATIONAL From an old article -- URL not available Article was
published sometime prior to 2015 TORTURE AND OTHER
ILL-TREATMENT The police, the gendarmerie
and members of the National Security Agency (Agence
Nationale de Sécurité,
ANS) regularly tortured suspects, sometimes with the involvement of local
administrative authorities. On 20 September Guintar Abel, a civil servant at the Ngondong
sub-division in the Lac Wey department in southern Chad, died in hospital
three weeks after being beaten by a local district chief and his bodyguards.
At the end of the year, no action was known to have been taken. IMPUNITY Chadian officials and
members of armed groups responsible for serious human rights violations,
including unlawful killings, rape and other torture, continued to act with
impunity. On 10 January, the
President passed an ordinance granting amnesty for crimes committed by members
of armed groups. Some of those who benefited were suspected of committing
crimes under international law. Important
recommendations of the commission of inquiry into the events in Chad between
28 January and 8 February 2008 had not been implemented by the end of the
year, despite a presidential decree of 23 May installing a follow-up
committee. The recommendations included investigations into the fate of
opposition leader Ibni Oumar
Mahamat Saleh, who was subjected to enforced
disappearance following his arrest at his home in N’Djamena by members of the
security services on 3 February 2008. Search … AMNESTY
INTERNATIONAL For current
articles:: Search Amnesty
International Website www.amnesty.org/en/search/?q=chad+torture&ref=&year=&lang=en&adv=1&sort=relevance [accessed 25 December
2018] Scroll
Down ***
EARLIER EDITIONS OF SOME OF THE ABOVE *** Human Rights Reports
» 2005 Country Reports on Human Rights Practices www.state.gov/g/drl/rls/hrrpt/2005/61561.htm [accessed 22 January
2013] 2009-2017.state.gov/j/drl/rls/hrrpt/2005/61561.htm [accessed 3 July
2019] TORTURE
AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – Although the law
prohibits such practices, members of the security forces tortured, beat,
abused, and raped citizens. Impunity for those who committed human rights
abuses remained widespread. In March gendarmes
arrested and tortured a herder, Adelrahman Abakar, in Salamat. He had
failed to acquire the necessary legal travel documents from gendarmes before
moving his cattle through the area and refused to pay a bribe. No action was
taken against the gendarmes. According to the
Chadian League of Human Rights (LTDH), in April gendarmes arrested and beat Malloum Ali in Bol, and the
chief commandant of the gendarmerie brigade ordered his fingers to be cut
off. Also in April
members of the nomadic guard arrested and tortured a government official in Adre. He had refused to provide an official car to
transport troops for the governor's motorcade. Authorities took no action
against the guard members. In August police
castrated a man after a dispute over a woman. The officers involved paid for
the man's treatment. No further action was taken against the police officers
implicated. By year's end no
action had been taken against the soldiers who harassed local citizens in Chagoua in 2003. Unlike the previous
year, there were no reports that members of the security forces threatened
and beat officials of the local power and water utilities when their services
were cut or reduced during shortages. However, power company officials used
military and police escorts when investigating and turning off power to
illegal power users, some of whom were members of the security forces. Security forces
beat a journalist and an NGO member during the year (see sections 2.a. and
4). During the year
police and gendarmes continued to rape women in custody. Freedom House
Country Report - Political Rights: 7 Civil
Liberties: 6 Status: Not
Free 2009 Edition www.freedomhouse.org/report/freedom-world/2009/chad [accessed 22 January
2013] LONG URL
ç 2009 Country Reports begin on Page 21 [accessed 11 May
2020] The rule of law and
the judicial system remain weak, with courts heavily influenced by Deby and his inner circle. In addition to his upcoming
trial in Senegal, former president Hissene Habre was sentenced to death in absentia—along with 11
suspected rebel leaders, including NA head Mahamat
Nouri—by a Chadian court in August 2008; an additional 31 suspected rebels
received life sentences. Civilian leaders do not maintain effective control
of the security forces, which routinely ignore constitutional protections
regarding search, seizure, and detention. Human rights groups credibly accuse
the security forces and rebel groups of killing and torturing with impunity.
Overcrowding, disease, and malnutrition make prison conditions harsh, and
many inmates are held for years without charge. U.S. Library of
Congress - Country Study 1990 Library of Congress
Call Number DT546.422 .C48 1990 www.loc.gov/collections/country-studies/?q=DT546.422+.C48 [accessed 21 July
2017] INTERNAL SECURITY
AND PUBLIC ORDER –
During more than twenty years of domestic conflict, the agencies of public
order and the judiciary in Chad were severely disrupted. In areas of rebel
activity in the south and in regions of the north under Libyan domination,
the forces of civil protection and the system of criminal justice
disintegrated. Where the national government was able to reimpose
its authority, harsh and arbitrary martial law often resulted in
mistreatment, torture, and extrajudicial detentions and executions. By 1986
efforts were under way to rebuild the civilian legal system, although long
periods of detention without trial were still common, and the rights of
accused persons were not fully respected during court proceedings. All
material used herein reproduced under the fair use exception of 17 USC § 107
for noncommercial, nonprofit, and educational use. PLEASE RESPECT COPYRIGHTS OF COMPONENT
ARTICLES. Cite this
webpage as: Patt, Prof. Martin, " Torture by Police, Forced
Disappearance & Other Ill Treatment in the early years of the 21st
Century- Chad", http://gvnet.com/torture/Chad.htm, [accessed
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