CHAD: DECREE CREATING THE
COMMISSION OF INQUIRY INTO THE CRIMES AND MISAPPROPRIATIONS COMMITTED
BY EX-PRESIDENT HABRE, HIS ACCOMPLICES AND/OR ACCESSORIES
Decree No. 014 /P.CE/CJ/90 (December 29, 1990)
THE PRESIDENT OF THE COUNCIL OF STATE,
CHIEF OF STATE
Pursuant to:
the program of the Constituent Congress of the Patriotic Movement of Salvation, held 8-11 March 1990;
the Charter of the Patriotic Movement of Salvation;
Decision No. 002/P.CE/MB/90 of 4 December 1990 relative to the creation of the Council of State;
Decree No. 001/P.CE/90 of 4 December 1990 relative to nomination of members of the Council of State.
THE COUNCIL OF STATE at its meeting of 19 December 1990, acting
ON THE PROPOSAL of the Commissioner of Justice,
DECREES:
Article 1
There is hereby created a Commission called the "Commission of Inquiry into the crimes and misappropriations
committed by the ex-president, his accomplices and/or accessories."
Article 2
The mission of the Commission is:
to investigate the illegal imprisonments, detentions, assassinations, disappearances, tortures and practices of acts of barbarity,
the mistreatment, the other attacks on the physical or mental integrity of persons, and all violations of human rights and illicit
trafficking in narcotics;
to collect documentation, archives and exploit them;
to confiscate and secure under seal all objects and premises required for elucidating the truth;
to preserve in their present condition the torture chambers and the equipment utilized;
to hear testimony from all victims and invite them to produce documentation attesting to their physical and mental condition
following their detention;
to take the testimony of interested parties and invite them to furnish any relevant or necessary documents;
to hear testimony from any person whose deposition may be useful to elucidation of the truth;
to determine the total cost of the war effort and how the money was spent beginning in 1986;
to audit the financial operations and bank accounts of the ex-president, his accomplices and/or accessories;
to take inventory of all the goods and properties, both in country and abroad, belonging to or having belonged to the
ex-president, his accomplices and/or accessories.
Article 3
The Commission is composed of:
President:
Mahamat Hassane Abakar,
first deputy prosecutor
1st Vice President:
Ali Abdoulaye, director
of Police Security Branch
2nd Vice President:
Isseine Djibrine, principal
police superintendent
Members:
Beassoum Ben N'Gassoro,
magistrate
Dimanche Beramgoto, director
of research in the Commissariat of the Interior and Security
Bemba Jonas, police officer
Wadar Moudalbaye, administrative
officer in the sub-directorate of external finance
Sam Manang, military police
warrant officer
Ousmane Mahamat, records
clerk
Naindo Dalroh, records
clerk
Secretaries:
Madjitoloum Ngardedji,
police secretary
Koh Djabou, magistrate's
clerk
Article 4
The Commission may summon any natural or legal
person in a position to assist it in the investigation.
Article 5
If the investigation so requires, members of the
Commission may travel both within and outside the country.
Article 6
To this end, the material resources necessary will
be put at the disposal of the Commission to enable it to carry out
its mission.
Article 7
The Commission shall submit its report within 6
months, however this period may be extended if necessary at the request
of the President of the Commission.
Article 8
When the work is concluded, a decree of the President
of the Council of State will terminate the mandate of the Commission.
Article 9
The Commissioner of Justice, Keeper of the Seal,
is directed to implement the present Decree, which takes effect from
the date of signature, and will be recorded and published in the official
journal of the Republic.
Posted by USIP Library on: August 27, 1999
Source Name: Neil J. Kritz, ed. Transitional Justice: How Emerging Democracies Reckon with Former Regimes (Washington, D.C.: United States Institute of Peace Press, 1995), vol. III, Laws, Rulings and Reports, 48-50.
