Defending Habré

Abstract

This chapter studies the ‘commis d'office’ (designated counsel), the court-appointed attorneys installed by the Extraordinary African Chambers (EAC) when Hissène Habré ordered his own attorneys not to participate in the trial. Mounir Ballal, part of this court-appointed team, describes the process of his nomination and his experience defending a client with whom he had no contact. All the actors in the trial knew Habré's strategy: he had retrenched behind total silence. Habré refused to respond to any question that was asked of him by the EAC or his accusers. He never spoke to the defence either. Over five commission rogatoires during the investigation phase, Hissène Habré's private counsel had refused to collaborate because their position was that the EAC was an illegitimate body. Ballal then describes the defence strategy his team developed and how defending Hissène Habré before the EAC differed from his previous professional experience. He also critiques the praise the EAC has received for being efficient and economical, explaining how time and financial constraints violated the rights of the accused.