Death Penalty Database

Chad

Information current as of: June 13, 2012

General

Official Country Name

Republic of Chad (Chad). [1]

Geographical Region

Africa (Middle Africa). [2]

Death Penalty Law Status

Retentionist. The last execution in Chad took place in 2015. [3] (This question was last updated on August 31, 2015.)

Methods of Execution

Shooting. [4]
A person who is about to be executed may give a statement to one of the judges present at the place of execution. [5]

References

[1] U.S. Dept. of State, Background Note: Chad, http://www.state.gov/r/pa/ei/bgn/37992.htm, Jan. 6, 2012.
[2] U.N., Composition of macro geographical (continental) regions, geographical sub-regions, and selected economic and other groupings, rica).http://unstats.un.org/unsd/methods/m49/m49regin.htm, Sep. 20, 2011.
[3] The Guardian, Chad executed 10 members of Boko Haram by firing squad, http://www.theguardian.com/world/2015/aug/30/chad-executes-10-members-boko-haram-firing-squad, Aug. 29, 2015.
[4] Chad Penal Code, art. 5, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970. Chad Code of Military Justice (Loi portant code de justice militaire), art. 88, Law No. 62-025, Dec. 18, 1962.
[5] Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), art. 476, Ordonnance No. 63-013, Jun. 9, 1967.

Country Details

Language(s)

French and Arabic. [1]

Population

11,200,000. (2009 census). [2]

Number of Individuals Currently Under Sentence of Death

Our research indicates that there are at least 35 or 36 persons currently under sentence of death in Chad. Reports indicate that 19 or 20 people were under sentence of death in 2004-2005. [3] No death sentence was reported for 2006. [4] At least 1 death sentence was handed down in 2007, [5] at least 12 in 2008, [6] at least one in 2009, [7] one in 2010, [8] and at least one in 2011. [9] There have been no credible reports of executions or commutations since 2003. [10]

While the Chadian government declared to the U.N. Human Rights Committee in June 2008 that it had commuted all death sentences to life imprisonment, we were not able to find independent confirmation of this, and in light of Chad immediately following this report by issuing more death sentences and signing the 2008 Note Verbale of dissociation from the U.N.G.A. Moratorium Resolution [11] , we cannot report that the government’s assertions are correct without independent verification.

Annual Number of Reported Executions

Executions in 2017 to date (last updated on October 18, 2017)

0. [12]

Executions in 2016

0. [13]

Per capita execution rate in 2016

Executions in 2015

10. [14]

Per capita execution rate in 2015

1 execution per 1,120,000 persons

Executions in 2014

0. [15]

Per capita execution rate in 2014

0 executions

Executions in 2013

0. [16]

Per capita execution rate in 2013

0 executions

Executions in 2012

0. [17]

Per capita execution rate in 2012

0 executions

Executions in 2011

0. [18]

Per capita execution rate in 2011

0 executions

Executions in 2010

0. [19]

Executions in 2009

0. [20]

Executions in 2008

0. [21]

Executions in 2007

0. [22]

Year of Last Known Execution

2015. [23] The last execution to take place in Chad was the execution by firing squad of 10 members of Boko Haram on August, 29, 2015, following their conviction of crimes including murder and the use of explosives on August 28, 2015. [24] Prior to these executions, the last executions in Chad were carried out in November 2003, when nine people were executed over a period of three days. [25]

(This question was last updated on August 31, 2015.)

References

[1] Constitution of the Republic of Chad, art. 9, Mar. 31, 1996, as amended by Constitutional Act 08/PR/2005, dated Jul. 15, 2005.
[2] U.S. Dept. of State, Background Note: Chad, http://www.state.gov/r/pa/ei/bgn/37992.htm, Jan. 6, 2012.
[3] Mark Warren, The Death Penalty Worldwide: Estimated Death Row Populations, http://users.xplornet.com/~mwarren/global.htm, Aug. 6, 2010, citing a 2005 Amnesty Intl Report. La Peine de Mort dans le Monde, La peine de mort – Tchad, http://www.peinedemort.org/National/pays.php?pays=118, last accessed May 30, 2012. Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 29, Report No. 404/2, Sep. 2004. U.N. ECOSOC, Advisory Services And Technical Cooperation In The Field Of Human Rights, Situation of human rights in Chad, Report prepared by the Independent Expert, Mónica Pinto, p. 8, para. 19, U.N. Doc. E/CN.4/2005/121, Jan. 27, 2005.
[4] Amnesty Intl., Death penalty: Death sentences and executions in 2006, http://www.amnesty.org/en/death-penalty/death-sentences-and-executions-in-2006, last accessed May 30, 2012.
[5] Amnesty Intl., Death Sentences and Executions in 2007, p. 7, ACT 50/001/2008, Apr. 15, 2008.
[6] Amnesty Intl., Death Sentences and Executions in 2008, p. 19, ACT 50/003/2009, Mar. 24, 2009.
[7] Amnesty Intl., Death Sentences and Executions in 2009, p. 6, ACT 50/001/2010, Mar. 30, 2010.
[8] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, http://www.amnesty.org/en/library/info/ACT50/001/2011/en, Mar. 28, 2011.
[9] Amnesty Intl., Death Sentences and Executions in 2011, p. 7, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[10] La Peine de Mort dans le Monde, La peine de mort – Tchad, http://www.peinedemort.org/National/pays.php?pays=118, last accessed May 30, 2012.
[11] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009.
[12] DPW Executions and Death Sentences Monitor.
[13] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. 11, 2017.
[14] The Guardian, Chad executed 10 members of Boko Haram by firing squad, http://www.theguardian.com/world/2015/aug/30/chad-executes-10-members-boko-haram-firing-squad, Aug. 29, 2015.
[15] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. 31, 2015.
[16] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 26, 2014.
[17] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. 9, 2013.
[18] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[19] Amnesty Intl., Death Sentences and Executions in 2010, ACT 50/001/2011, http://www.amnesty.org/en/library/info/ACT50/001/2011/en, Mar. 28, 2011.
[20] Amnesty Intl., Death Sentences and Executions in 2009, ACT 50/001/2010, Mar. 30, 2010.
[21] Amnesty Intl., Death Sentences and Executions in 2008, ACT 50/003/2009, Mar. 24, 2009.
[22] Amnesty Intl., Death Sentences and Executions in 2007, ACT 50/001/2008, Apr. 15, 2008.
[23] The Guardian, Chad executed 10 members of Boko Haram by firing squad, http://www.theguardian.com/world/2015/aug/30/chad-executes-10-members-boko-haram-firing-squad, Aug. 29, 2015.
[24] The Guardian, Chad executed 10 members of Boko Haram by firing squad, http://www.theguardian.com/world/2015/aug/30/chad-executes-10-members-boko-haram-firing-squad, Aug. 29, 2015.
[25] La Peine de Mort dans le Monde, La peine de mort – Tchad, http://www.peinedemort.org/National/pays.php?pays=118, last accessed Aug. 31, 2015. Roger Hood & Carolyn Hoyle, The Death Penalty: A Worldwide Perspective, p. 78, Oxford University Press, 4th ed., 2008.

Crimes and Offenders Punishable By Death

Crimes Punishable by Death

Aggravated Murder.
Premeditated murder is punishable by death, except in the case of a woman who murdered her new-born child. [1] Parricide [2] and murder by poisoning [3] are punishable by death. Committing a murder to prepare or facilitate another crime or favor the escape or impunity of the authors of the offense is also punishable by death. [4]

Other Offenses Resulting in Death.
Committing arson on inhabited buildings is punishable by death where it causes the death of one or more persons. [5] A kidnapping resulting in the death of the victim is punishable by death including where the death was not intended. [6] A kidnapping resulting in the death of the victim [7] and committing theft with violence that causes death [8] are punishable by death including where the death was not intended.

Terrorism-Related Offenses Resulting in Death.
An armed attack targeting the constitutional regime and resulting in death is punishable by death. [9] Engaging in a conspiracy to carry out such an attack and resulting in death is also punishable by death. [10]

Terrorism-Related Offenses Not Resulting in Death.
Conducting an attack with the purpose of committing a massacre or causing large-scale destruction is punishable by death. [11]

Treason.
Various crimes of treason are punishable by death. An armed attack targeting the constitutional regime, inciting citizens to take up arms against the government or against each other, or endangering the integrity of the national territory is punishable by death if it results in death. Engaging in a conspiracy to carry out such an attack is also punishable by death if it results in death. [12] Organizing, arming or commanding troups or taking a military command without government authorization is punishable by death. [13] Organizing, leading, or providing weapons or information to an insurrection, or using a weapon as part of an insurrection, are punishable by death. [14] Attempting to murder the president, a member of cabinet or a member of parliament is also punishable by death. [15] A provocation or offer to commit treason is also punishable by death. [16] Treason by a member of the military [17] and incitement to treason in a military context are also punishable by death. [18]

Espionage.
Espionage is punishable by death. [19] A provocation or offer to commit espionage is also punishable by death. [20] Espionage by a member of the military is punishable by death. [21]

Military Offenses Not Resulting in Death.
Various military crimes are punishable by death, including: desertion or abandoning one’s post before the enemy or in time of war, [22] disobedience in presence of the enemy, [23] assaulting a wounded soldier in order to loot from him, [24] destruction of any buildings, vehicles or infrastructure used by the army [25] (or attempting such destruction in time of war), [26] self-mutilation in presence of the enemy, [27] unauthorized capitulation, [28] taking up weapons against Chad as a member of its military or as a released military prisoner, [29] and incitement to desertion. [30]

Other Offenses Not Resulting in Death.
The following offenses are punishable by death even where they do not result in death:
-attempting to murder the president, a member of cabinet or a member of parliament; [31]
-assaulting a public official (a member of government or parliament, a judge, a prefect, or another official) with the intent to cause death; [32]
-attempting murder by poisoning; [33]
-committing torture or barbarous acts while committing another crime; [34]
-committing a second offense of introducing radioactive materials into consumer goods or importing radioactive waste, as defined in the 2009 Law on Nuclear Safety; [35]
-attempting any death-eligible offense; [36]
-committing perjury in a case where the defendant is subsequently sentenced to death. [37]

Does the country have a mandatory death penalty?

No. Article 55 of the Penal Code provides that where the court finds mitigating circumstances, the court may substitute a lower sentence for the sentence provided by law. The sentence for a felony may not be less than 2 years’ imprisonment. [38] Article 90 of the Code of Military Justice also provides for the consideration of mitigating factors. Where a military court finds that a defendant benefits from mitigation, his sentence will be commuted to a sentence of 5 to 10 years’ imprisonment. [39]

For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?

None. Article 55 of the Penal Code provides that where the court finds mitigating circumstances, the court may substitute a lower sentence for the sentence provided by law. The sentence for a felony may not be less than 2 years’ imprisonment. [40]

Crimes For Which Individuals Have Been Executed Since January 2008:

No individual has been executed in Chad since 2003. [41]

Categories of Offenders Excluded From the Death Penalty:

Individuals Below Age 18 At Time of Crime.
Persons aged less than 18 years cannot be executed under Chadian law. [42] Under national legislation, the death penalty is commuted to 10 years’ imprisonment for individuals below the age of 18. [43] The law does not specify whether age is determined at the time the offense was committed or at the time of sentencing. However, Chad is party to the ICCPR [44] and to the Convention on the Rights of the Child, [45] which prohibit the execution of individuals for crimes committed while under the age of 18.

Pregnant Women.
Under Article 7 of the Penal Code, pregnant women may be executed after they have given birth. [46] This is in conformity with Chad’s obligations as a party to the ICCPR, [47] which prohibits the execution of pregnant women.

Women With Small Children.
Chad is party to the African Charter on the Rights and Welfare of the Child, [48] which prohibits the imposition of a death sentence on mothers of infants and young children. [49]

Mentally Ill.
A person who was in a state of insanity at the time of the offense is not criminally liable. [50]

References

[1] Chad Penal Code, arts. 240, 246, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[2] Chad Penal Code, arts. 243, 246, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[3] Chad Penal Code, arts. 245, 246, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[4] Chad Penal Code, art. 248, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[5] Chad Penal Code, art. 335, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[6] Chad Penal Code, art. 316, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[7] Chad Penal Code, art. 316, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[8] Chad Penal Code, art. 302, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[9] Chad Penal Code, arts. 81, 83, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[10] Chad Penal Code, arts. 82, 83, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[11] Chad Penal Code, art. 87, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[12] Chad Penal Code, arts. 81-83, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[13] Chad Penal Code, arts. 85, 89, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[14] Chad Penal Code, art. 92, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[15] Chad Penal Code, art. 88, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[16] Chad Penal Code, art. 67, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[17] Chad Code of Military Justice (Loi portant code de justice militaire), art. 82, Law No. 62-025, Dec. 18, 1962.
[18] Chad Code of Military Justice (Loi portant code de justice militaire), art. 85, Law No. 62-025, Dec. 18, 1962.
[19] Chad Penal Code, art. 62, 63-66, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970. Chad Code of Military Justice (Loi portant code de justice militaire), art. 84, Law No. 62-025, Dec. 18, 1962.
[20] Chad Penal Code, art. 67, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[21] Chad Code of Military Justice (Loi portant code de justice militaire), art. 83, Law No. 62-025, Dec. 18, 1962.
[22] Chad Code of Military Justice (Loi portant code de justice militaire), arts. 42, 43, 73, 75, Law No. 62-025, Dec. 18, 1962.
[23] Chad Code of Military Justice (Loi portant code de justice militaire), art. 51, Law No. 62-025, Dec. 18, 1962.
[24] Chad Code of Military Justice (Loi portant code de justice militaire), art. 62, Law No. 62-025, Dec. 18, 1962.
[25] Chad Code of Military Justice (Loi portant code de justice militaire), art. 68, Law No. 62-025, Dec. 18, 1962.
[26] Chad Code of Military Justice (Loi portant code de justice militaire), art. 69, Law No. 62-025, Dec. 18, 1962.
[27] Chad Code of Military Justice (Loi portant code de justice militaire), art. 77, Law No. 62-025, Dec. 18, 1962.
[28] Chad Code of Military Justice (Loi portant code de justice militaire), arts. 79, 80, Law No. 62-025, Dec. 18, 1962.
[29] Chad Code of Military Justice (Loi portant code de justice militaire), art. 81, Law No. 62-025, Dec. 18, 1962.
[30] Chad Code of Military Justice (Loi portant code de justice militaire), Law No. 62-025, Dec. 18, 1962.
[31] Chad Penal Code, art. 88, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[32] Chad Penal Code, arts. 122, 124, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[33] Chad Penal Code, arts. 245, 246, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[34] Chad Penal Code, art. 247, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[35] Law on Radiological and Nuclear Safety (Loi portant sûreté radiologique, sûreté nucléaire et les garanties), art. 70, Law No. 09-002, Jan. 6, 2009.
[36] Chad Penal Code, arts. 43, 44, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[37] Chad Penal Code, art. 218, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[38] Chad Penal Code, art. 55, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[39] Chad Code of Military Justice (Loi portant code de justice militaire), art. 90, Law No. 62-025, Dec. 18, 1962.
[40] Chad Penal Code, arts. 50-52, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[41] La Peine de Mort dans le Monde, La peine de mort – Tchad, http://www.peinedemort.org/National/pays.php?pays=118, last accessed May 30, 2012. Roger Hood & Carolyn Hoyle, The Death Penalty: A Worldwide Perspective, p. 78, Oxford University Press, 4th ed., 2008.
[42] Chad Penal Code, art. 55, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[43] Law on the Prosecution and Judgment of Offenses Committed by Minors Aged 13 to 18 Years (Loi portant procédure de poursuites et jugement des infractions commises par les mineurs de treize (13) à moins de dix huit (18) ans), art. 30, Law No. 007/PR/99, Apr. 6, 1999.
[44] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed May 30, 2012.
[45] Status, Declarations, and Reservations, Convention on the Rights of the Child, 1577 U.N.T.S. 3, http://treaties.un.org/Pages/ViewDetails.aspx?src=UNTSONLINE&tabid=2&mtdsg_no=IV-11&chapter=4&lang=en#Participants, last accessed May 30, 2012.
[46] Chad Penal Code, art. 7, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.
[47] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en,last accessed May 30, 2012.
[48] African Commission on Human and Peoples’ Rights, Ratification Table: African Charter on the Rights and Welfare of the Child, http://www.achpr.org/instruments/child/ratification, last accessed May 30, 2012.
[49] A.U., African Charter On The Rights And Welfare Of The Child, art. 30(e), A.U. Doc. CAB/LEG/24.9/49, Jul. 11, 1990.
[50] Chad Penal Code, art. 49, Ordinance No. 67-012/PR/MJ, Jun. 9, 1967, as amended through to Jul. 10, 1970.

International Commitments

ICCPR

Party?

Yes. [1]

Date of Accession

Jun. 9, 1995. [2]

Signed?

No. [3]

Date of Signature

Not Applicable.

First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee

Party?

Yes. [4]

Date of Accession

Jun. 9, 1995. [5]

Signed?

No. [6]

Date of Signature

Not Applicable.

Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty

Party?

No. [7]

Date of Accession

Not Applicable.

Signed?

No. [8]

Date of Signature

Not Applicable.

American Convention on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Death Penalty Protocol to the ACHR

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on Human and Peoples' Rights (ACHPR)

Party?

Yes. [9]

Date of Accession

Oct. 9, 1986. [10]

Signed?

Yes. [11]

Date of Signature

May 29, 1986. [12]

Protocol to the ACHPR on the Rights of Women in Africa

Party?

No. [13]

Date of Accession

Not Applicable.

Signed?

Yes. [14]

Date of Signature

Dec. 6, 2004. [15]

African Charter on the Rights and Welfare of the Child

Party?

Yes. [16]

Date of Accession

Mar. 30, 2000. [17]

Signed?

Yes. [18]

Date of Signature

Dec. 6, 2004. [19]

Arab Charter on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

2016 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [20]

Vote

Abstained. [21]

Signed the Note Verbale of Dissociation

Yes. [22]

2014 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [23]

Vote

In Favor. [24]

Signed the Note Verbale of Dissociation

No. [25]

2012 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [26]

Vote

In Favor. [27]

Signed the Note Verbale of Dissociation

Yes. [28]

2010 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [29]

Vote

Not Present. [30]

Signed the Note Verbale of Dissociation

Yes. [31]

2008 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [32]

Vote

Abstained. [33]

Signed the Note Verbale of Dissociation

Yes. [34]

2007 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [35]

Vote

Against. [36]

Signed the Note Verbale of Dissociation

No. [37]

References

[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed May 30, 2012.
[2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed May 30, 2012.
[3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed May 30, 2012.
[4] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed May 30, 2012.
[5] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed May 30, 2012.
[6] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed May 30, 2012.
[7] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed May 30, 2012.
[8] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed May 30, 2012.
[9] African Commission on Human and Peoples’ Rights, Ratification Table: African Charter on Human and People’s Rights, http://www.achpr.org/instruments/achpr/ratification, last accessed May 30, 2012.
[10] African Commission on Human and Peoples’ Rights, Ratification Table: African Charter on Human and People’s Rights, http://www.achpr.org/instruments/achpr/ratification, last accessed May 30, 2012.
[11] African Commission on Human and Peoples’ Rights, Ratification Table: African Charter on Human and People’s Rights, http://www.achpr.org/instruments/achpr/ratification, last accessed May 30, 2012.
[12] African Commission on Human and Peoples’ Rights, Ratification Table: African Charter on Human and People’s Rights, http://www.achpr.org/instruments/achpr/ratification, last accessed May 30, 2012.
[13] African Commission on Human and Peoples’ Rights, Ratification Table: Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, http://www.achpr.org/instruments/women-protocol/ratification, last accessed May 30, 2012.
[14] African Commission on Human and Peoples’ Rights, Ratification Table: Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, http://www.achpr.org/instruments/women-protocol/ratification, last accessed May 30, 2012.
[15] African Commission on Human and Peoples’ Rights, Ratification Table: Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, http://www.achpr.org/instruments/women-protocol/ratification, last accessed May 30, 2012.
[16] African Commission on Human and Peoples’ Rights, Ratification Table: African Charter on the Rights and Welfare of the Child, http://www.achpr.org/instruments/child/ratification, last accessed May 30, 2012.
[17] African Commission on Human and Peoples’ Rights, Ratification Table: African Charter on the Rights and Welfare of the Child, http://www.achpr.org/instruments/child/ratification, last accessed May 30, 2012.
[18] African Commission on Human and Peoples’ Rights, Ratification Table: African Charter on the Rights and Welfare of the Child, http://www.achpr.org/instruments/child/ratification, last accessed May 30, 2012.
[19] African Commission on Human and Peoples’ Rights, Ratification Table: African Charter on the Rights and Welfare of the Child, http://www.achpr.org/instruments/child/ratification, last accessed May 30, 2012.
[20] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[21] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[22] U.N.G.A., 71st Session, Note Verbale dated 7 September 2017, U.N. Doc. A/71/1047, Sep. 13, 2017.
[23] U.N.G.A., 69th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 141, 144, U.N. Doc. A/69/488/Add.2, Dec. 8, 2014.
[24] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. 17-18, U.N. Doc. A/69/PV.73, Dec. 18, 2014.
[25] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. A/69/993, Jul. 29, 2015.
[26] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 95-96, U.N. Doc. A/67/457/Add.2, Dec. 8, 2012.
[27] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012.
[28] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. A/67/841, Apr. 23, 2013.
[29] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. A/65/456/Add.2, Dec. 8, 2010.
[30] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[31] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011.
[32] U.N.G.A., 63rd session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/63/430/Add.2, Dec. 4, 2008.
[33] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16- 17, U.N. Doc. A/63/PV.70, Dec. 18, 2008.
[34] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009.
[35] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/62/439/Add.2, Dec. 5, 2007.
[36] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16- 17, U.N. Doc. A/62/PV.76, Dec. 18, 2007.
[37] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. A/62/658, Feb. 2, 2008.

Death Penalty In Law

Does the country’s constitution make reference to capital punishment?

The Constitution makes no reference to the death penalty. However, Article 17 states that “the human person is sacred and inviolable. Every person has the right to life, physical integrity, safety, freedom, and the protection of his/her private life and properties”, [1] implying that the death penalty could be challenged as unconstitutional. [2]

Does the country’s constitution make reference to international law?

Under Article 222 of the Constitution, lawfully ratified and published treaties, provided they are respected by the other party, have an authority superior to national legislation. [3] Treaties cannot be ratified if incompatible with the Constitution. [4]

Have there been any significant changes in the application of the death penalty over the last several years?

After the termination of the Military Court in 1991, a de facto moratorium was in effect in Chad until 2003. [5] In June 2003, “National Consultations on Justice” were held in N’Djamena. One of the committees, after extensive discussions, recommended that the government abolish the death penalty. [6]

A few months later, in November 2003, 9 men were executed within a period of 4 days, although they had not exhausted their appeals. [7] Observers and death penalty activists were startled by this sudden change in policy. [8] Four of the nine men had been found guilty two weeks earlier of assassinating a Sudanese politician and businessman. [9] Adouma and his co-defendants were convicted after a hasty trial which was called “a parody of justice”. [10] In its 2008 report to the Human Rights Committee, the Chadian government described the Adouma Affair as a “heinous and particularly spectacular crime committed by felons in the middle of town”, requiring a “forceful” response. [11] The government stated that it intended to “regain the trust of foreign investors” by sending a strong message about its response to chronic insecurity. [12] The magistrate who presided over the Adouma trial explained that “at that time, living in N’Djamena was not safe and we heard about assassinations every day. Thus it was decided that we should go ‘all the way’ in the Adouma case.” [13] The other five executed men had been sentenced for unrelated murders and assassinations. [14] A 2005 report by ECOSOC’s human rights expert, Mónica Pinto, reported that the executions had “political and gangland overtones.” [15] Chad’s position with regard to the death penalty has been ambiguous since 2003. In its June 2008 report to the Human Rights Committee, the Chadian government declared that, following the “sharp criticism and censure” generated by the Adouma executions, “all death penalties have been commuted to life sentences.” [16] The Chadian government further stated that it was “preparing the population to accept the abolition of the death penalty.” [17] We were unable to find independent confirmation of the blanket commutations, but are disposed to interpret these comments with caution in light of Chad’s subsequent death penalty policy. A couple of months later, in August 2008, a Chadian court convicted former President Hissène Habré and 11 opposition leaders in absentia and sentenced them to death for crimes against Chad’s “constitutional order, territorial integrity and security.” [18] (Chad’s government continues to demand the extradition of Habré from Senegal, where he has been living since he was ousted in 1990. The Senegalese authorities declared in 2011 that they did not intend to try him, despite repeated requests by the Committee against Torture, nor to extradite him to either Chad or Belgium, where he faces charges for allegedly ordering the killing and torture of opponents. In July 2011, the Senegalese government threatened to extradite Habré to Chad, but this decision sparked a wave of protests and was not taken any further. [19] )

Furthermore, Chad signed the 2008 and 2010 Note verbale de dissociation, which registered its formal opposition to the U.N. General Assembly’s resolutions on a global death penalty moratorium. [20] Chadian courts have also continued to hand down death sentences. On July 27, 2011, an N’Djamena criminal court sentenced Guidaoussou Tordinan to death for killing his wife and injuring his mother-in-law in November 2009. [21] We note, nevertheless, that Chad accepted the recommendation, made at its 2009 Universal Periodic Review, that it ratify the Second Optional Protocol to the ICCPR. [22]

After observing an unofficial moratorium for 12 years, Chad resumed executions in August 2015. [23] (This question was partially updated on August 31, 2015.)

Is there currently an official moratorium on executions within the country?

No. After observing an unofficial moratorium for 12 years, Chad resumed executions in August 2015. [24] (This question was updated on August 31, 2015.)

Have there been any significant published cases concerning the death penalty in national courts?

By June 2012, we were unable to find any significant published cases concerning the death penalty in Chad.

Where can one locate or access judicial decisions regarding the death penalty?

A comprehensive colleciton of national legislation and some case law published in the Chadian Law Review (Revue juridique tchadienne) can be accessed and searched on légitchad (http://www.cefod.org/legitchad/web/), a database hosted by CEFOD (Centre d’Etudes et de Formation pour le Développement) in French. [25]

The Official Gazette of Chad (Journal Officiel de la République de Tchad) is the official source of legislation. It is not available online.

The website of the AHJUCAF, an association of francophone supreme courts, hosts a searchable database of judicial decisions, including decisions handed down by the Chadian Supreme Court: http://www.ahjucaf.org (in French).

What is the clemency process?

Under Article 89 of the Constitution, it is the President’s prerogative to grant clemency. [26] When a death sentence is handed down, a petition for mercy must be filed by the Public Prosecutor with the Ministry of Justice. [27] The petition is accompanied by a report on the defendant and his or her behavior in detention. [28] If the President refuses to grant clemency, a second and last petition can be introduced within a year. [29] No execution may take place as long as the President has not rejected the first petition. [30]

Are jury trials provided for defendants charged with capital offenses?

Yes. Defendants charged with capital offenses are tried by the Criminal Court, whose members are 3 professional magistrates of the appellate Court and 4 citizens called jurors or criminal assessors. [31] The jurors vote on the defendant’s guilt and sentence. [32]

Brief Description of Appellate Process

Defendants charged with capital murder are tried by the Criminal Court (cour criminelle), which sits temporarily for two sessions a year. [33] Defendants can appeal on the law to the Supreme Court (Cour suprême) [34] within 10 days following the day the judgment has been given when the accused attended the trial. [35] If the Supreme Court finds an error of law, the lower decision is overturned and, if necessary, sent back to a lower court for retrial.

A collateral appeal (demande en révision) may be brought before a full quorum (assemblée générale) of the Court of Appeal (Cour d’appel). [36] The purpose of a collateral appeal is to vacate a conviction when new facts arise which call into question the guilt of the accused, or when a court’s decision contains a manifest and material error of fact or of law. [37] A collateral appeal may be brought by a convicted person or his heirs or by the Ministry of Justice. [38]

References

[1] Constitution of the Republic of Chad, art. 17, Mar. 31, 1996, as amended by Constitutional Act 08/PR/2005, dated Jul. 15, 2005.
[2] Intl. federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 12, Report No. 404/2, Sep. 2004.
[3] Constitution of the Republic of Chad, art. 222, Mar. 31, 1996, as amended by Constitutional Act 08/PR/2005, dated Jul. 15, 2005.
[4] Constitution of the Republic of Chad, art. 221, Mar. 31, 1996, as amended by Constitutional Act 08/PR/2005, dated Jul. 15, 2005. Nadjita F. Ngarhodjim, Update: An Introduction to the Legal System and Legal Research in Chad, GlobaLex, http://www.nyulawglobal.org/Globalex/Chad1.htm, Jan. 2012.
[5] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 8, Report No. 404/2, Sep. 2004. U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Initial Report, Chad, para. 133, U.N. Doc. CCPR/C/TCD/1, Jun. 6, 2008.
[6] Roger Hood & Carolyn Hoyle, The Death Penalty: A Worldwide Perspective, p. 78, Oxford University Press, 4th ed., 2008.
[7] Roger Hood & Carolyn Hoyle, The Death Penalty: A Worldwide Perspective, p. 78, Oxford University Press, 4th ed., 2008. La Peine de Mort dans le Monde, Un neuvième condamné à mort exécuté dimanche, http://www.peinedemort.org/document.php?choix=605, Nov. 9, 2003.
[8] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 8, Report No. 404/2, Sep. 2004.
[9] Agence Mondiale d’Information - AFP, Un neuvième condamné à mort exécuté dimanche, http://www.peinedemort.org/document.php?choix=605, Nov. 9, 2003.
[10] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, pp. 17-25, Report No. 404/2, Sep. 2004.
[11] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Initial Report, Chad, para. 133, U.N. Doc. CCPR/C/TCD/1, Jun. 6, 2008.
[12] U.N. ICCPR Human Rights Committee, Consideration of reports submitted by States parties under article 40 of the Covenant (continued), Initial report of the Republic of Chad (continued), p. 2, para. 2, U.N. Doc. CCPR/C/SR.2636, Dec. 21, 2009.
[13] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 9, Report No. 404/2, Sep. 2004.
[14] Agence Mondiale d’Information - AFP, Un neuvième condamné à mort exécuté dimanche, http://www.peinedemort.org/document.php?choix=605, Nov. 9, 2003.
[15] U.N. ECOSOC, Advisory Services And Technical Cooperation In The Field Of Human Rights, Situation of human rights in Chad, Report prepared by the Independent Expert, Mónica Pinto, p. 7, para. 18, U.N. Doc. E/CN.4/2005/121, Jan. 27, 2005.
[16] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Initial Report, Chad, para. 134, U.N. Doc. CCPR/C/TCD/1, Jun. 6, 2008.
[17] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Initial Report, Chad, para. 134, U.N. Doc. CCPR/C/TCD/1, Jun. 6, 2008.
[18] Amnesty Intl., Death Sentences and Executions in 2008, pp. 19-20, ACT 50/003/2009, Mar. 24, 2009.
[19] Amnesty Intl., Death Sentences and Executions in 2011, p. 47, ACT 50/001/2012, Mar. 27, 2012.
[20] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009. U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011.
[21] Amnesty Intl., Annual Report 2011: Chad, http://www.amnesty.org/en/region/chad/report-2011#page, last accessed May 30, 2012.
[22] U.N.G.A. Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review, Chad, p. 15, para. 82(5), U.N. Doc. A/HRC/12/5, Oct. 5, 2009.
[23] The Guardian, Chad executed 10 members of Boko Haram by firing squad, http://www.theguardian.com/world/2015/aug/30/chad-executes-10-members-boko-haram-firing-squad, Aug. 29, 2015.
[24] The Guardian, Chad executed 10 members of Boko Haram by firing squad, http://www.theguardian.com/world/2015/aug/30/chad-executes-10-members-boko-haram-firing-squad, Aug. 29, 2015.
[25] Nadjita F. Ngarhodjim, Update: An Introduction to the Legal System and Legal Research in Chad, GlobaLex, http://www.nyulawglobal.org/Globalex/Chad1.htm, Jan. 2012.
[26] Constitution of the Republic of Chad, art. 89, Mar. 31, 1996, as amended by Constitutional Act 08/PR/2005, dated Jul. 15, 2005.
[27] Decree on the Regulation of the Right to Clemency, art. 3, No. 230/PR-MJ, Oct. 19, 1970. Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), art. 476, Ordonnance No. 63-013, Jun. 9, 1967.
[28] Decree on the Regulation of the Right to Clemency, art. 4, No. 230/PR-MJ, Oct. 19, 1970.
[29] Decree on the Regulation of the Right to Clemency, art. 4, No. 230/PR-MJ, Oct. 19, 1970.
[30] Decree on the Regulation of the Right to Clemency, art. 5, No. 230/PR-MJ, Oct. 19, 1970. Chad Code of Military Justice (Loi portant code de justice militaire), art. 98, Law No. 62-025, Dec. 18, 1962. Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), art. 476, Ordonnance No. 63-013, Jun. 9, 1967.
[31] Law on the Organization of the Judiciary (Loi portant organisation judiciaire), arts. 18-21, Law No. 004/PR/98, May 28, 1998. Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 13, Report No. 404/2, Sep. 2004.
[32] Law on the Organization of the Judiciary (Loi portant organisation judiciaire), art. 21, Law No. 004/PR/98, May 28, 1998.
[33] Law on the Organization of the Judiciary (Loi portant organisation judiciaire), arts. 18-21, Law No. 004/PR/98, May 28, 1998. Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), art. 318, Ordonnance No. 63-013, Jun. 9, 1967. Intl. federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 13, Report No. 404/2, Sep. 2004.
[34] Organic Law on the Organization and Procedure of the Supreme Court (Loi organique portant organisation et fonctionnement de la Cour Suprême), arts. 36, 39, 61, Law No. 006/PR/98, Aug. 7, 1998, as amended through to Jun. 11, 2009.
[35] Organic Law on the Organization and Procedure of the Supreme Court (Loi organique portant organisation et fonctionnement de la Cour Suprême), art. 39, Law No. 006/PR/98, Aug. 7, 1998, as amended through to Jun. 11, 2009. Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), art. 382, Ordonnance No. 63-013, Jun. 9, 1967.
[36] Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), arts. 403, 405, 407, Ordonnance No. 63-013, Jun. 9, 1967.
[37] Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), art. 403, Ordonnance No. 63-013, Jun. 9, 1967.
[38] Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), art. 404, Ordonnance No. 63-013, Jun. 9, 1967.

Death Penalty In Practice

Where Are Death-Sentenced Prisoners incarcerated?

By the end of our research we were unable to find any recent reports indicating where death-sentenced prisoners were held in Chad. An older report dating from 2004 indicates that one death-sentenced woman was detained in the Laï prison in N’Djamena. [1]

Description of Prison Conditions

The president of the National Assembly is reported to have declared in 2004 that “prisons have today become places for people to die.” [2] Human Rights Watch reported in 2011 that prison conditions in Chad are “among the harshest on the African continent.” [3] According to the U.S. Department of State, prison conditions are “harsh and life threatening”. [4] Serious overcrowding, poor sanitation, and inadequate food, shelter, and medical facilities are serious problems. [5] The law provides that a doctor must visit each prison three times a week, but this provision is not respected. Provisions for ventilation, temperature, lighting, and access to potable water are inadequate or nonexistent. [6] There are also reports of forced labor in prisons. [7] A local human rights group reported nine prisoner deaths during the first half of 2011 in three districts of N’Djamena alone. [8]

There was no regular mechanism by which prisoners could submit complaints about prison conditions, limiting judicial authorities’ ability to receive such complaints. [9]

Juveniles are not always separated from adults and pretrial detainees are held with convicted prisoners. [10]

There are reports that prison guards are not regularly paid and sometimes “released” prisoners who offered compensation in return. [11]

Are there any known foreign nationals currently under sentence of death?

As of June 2012, we were not able to identify any foreign national currently under sentence of death in Chad. [12]

What are the nationalities of the known foreign nationals on death row?

As of June 2012, we were not able to identify any foreign national currently under sentence of death in Chad. [13] In mid-2002, 1.3% of the prisoners in the main prison in N’Djamena were foreign nationals. [14]

Are there any known women currently under sentence of death?

One woman was reported to be under a death sentence in 2004. [15] As of June 2012, we were not able to ascertain whether or not she was still on death row. In mid-2002, 2.4% of the prisoners in the main prison in N’Djamena were women. [16]

Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?

We did not find any reports alleging that individuals under the age of 18 at the time of the offense were under a death sentence. In mid-2002, 3.3% of the prisoners in the main prison in N’Djamena were juveniles. [17]

Comments regarding the racial/ethnic composition on death row

By June 2012, we were unable to ascertain the racial/ethnic composition of death row. Within the legal system in general however, the Chadian government itself recognizes the existence of discrimination. In its 2008 report to the U.N. Human Rights Committee, the Chadian government acknowledged that, even though the Constitution prohibits discrimination on the grounds of ethnic, linguistic, racial or gender difference, “there is frequent discrimination in procedural matters.” [18] Human Rights Watch also reports that “government forces continue to arbitrarily arrest and detain civilians and suspected rebels, often on the basis of ethnicity, and subject them to ill-treatment and torture, sometimes in unofficial places of detention.” [19]

Are there lawyers available for indigent defendants facing capital trials?

In December 2009, the Chadian government reported that legal aid was provided to persons accused of crimes punishable by death. [20] The Code of Penal Procedure guarantees the poor a right to legal assistance before the Criminal Court. [21] In practice, however, legal aid is non-existent in cases that do not involve the potential application of the death penalty. [22] Moreover, due to insufficient resources, legal assistance when provided is inadequate. [23]

The Code of Penal Procedure guarantees criminal defendants specific rights related to legal representation, including the right to freely communicate with counsel, [24] the right to be represented by counsel at any hearings or interrogations, and the right to have counsel warned 48 in advance of any such hearings or interrogations. [25] Despite the defendant’s right to choose counsel from among lawyers who are admitted to the bar, [26] the Code also provides that where no lawyers are available, the court may designate as a representative any person it deems competent to ensure the defense. [27] This provision reflects the country’s extreme dearth of legal professionals. In 2004, the number of Chadian lawyers was estimated to be around 40, all of them appointed only in the capital, D’Jamena. [28]

Are there lawyers available for indigent prisoners on appeal?

By law, indigent defendants are entitled to legal aid before the Supreme Court. [29] However, legal aid on appeal is non-existent in practice. [30]

Due to insufficient resources, legal assistance when provided is inadequate. There is an extreme dearth of legal professionals. In 2004, the number of Chadian lawyers was estimated to be around 40, all of them appointed only in the capital, D’Jamena. [31] It has also been reported that indigent defendants facing capital prosecution are sometimes represented by unqualified law students. [32]

Moreover, it is alleged that some lawyers misunderstand their responsibilities in the appeals process. In 2004, the chief of the Chadian prison administration declared to a human rights investigation mission that “lawyers appointed by Court believe that once the judgment has been passed their work is over. After completing two years in custody, many detainees have no idea that they only have a fortnight in which to appeal against the judgment (…) when parents don’t pursue the case, the accused are simply forgotten.” [33]

Comments on Quality of Legal Representation

There is an extreme dearth of legal professionals. In 2004, the number of Chadian lawyers was estimated to be around 40, all of them appointed only in the capital, D’Jamena. [34] It has also been reported that indigent defendants facing capital prosecution are sometimes represented by unqualified law students. [35] Moreover, it has been reported that some lawyers misunderstand their responsibilities in the appeals process. In 2004, the chief of the Chadian prison administration declared to a human rights investigation mission that “lawyers appointed by Court believe that once the judgment has been passed their work is over. After completing two years in custody, many detainees have no idea that they only have a fortnight in which to appeal against the judgment (…) when parents don’t pursue the case, the accused are simply forgotten.” [36]

Other Comments on Criminal Justice System

Ill-treatment and torture of detainees.
The U.N. Committee Against Torture has found that confessions obtained under torture are used as a form of evidence in judicial proceedings. [37] The Committee also found that torture and ill-treatment are commonly used on prisoners of war and political opponents. [38] The Chadian government itself acknowledged in its 2008 report to the Human Rights Committee that “during pretrial detention, there is a risk of abuse by some judicial officers” and that the “time limit on police custody is not often observed in police stations and gendarmeries.” [39] Incommunicado and lengthy pretrial detentions are a problem – pretrial detention can last several years before defendants are charged. [40]

Ineffective judiciary.
The judiciary is “ineffective, underfunded, overburdened, vulnerable to intimidation and violence, and subject to executive interference.” [41] Corruption of the judiciary is also a problem. [42] There are only 150 judges in the country, and they are vulnerable to intimidation and violence, including death threats or demotions for not acquiescing to pressure from officials. [43] The Superior Council of Magistrates recommends judicial nominees and sanctions judges who commit improprieties; however, the government has prevented any sanctions from being considered or carried out. [44]

Unfair trials.
In the 2003 Adouma case, which marked the end of Chad’s de facto moratorium on the death penalty, the defendants were sentenced to death after a hasty trial. They were executed two weeks after their sentence was rendered, [45] and before the Supreme Court decided on their appeal. [46] It is reported that only one of the accused saw his lawyer before the trial, and then only shortly before the hearing where the verdict was pronounced. [47]

References

[1] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 27, Report No. 404/2, Sep. 2004.
[2] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 28, Report No. 404/2, Sep. 2004.
[3] Human Rights Watch, World Report 2011: Chad Country Summary, http://www.hrw.org/sites/default/files/related_material/chad_0.pdf, Jan. 2011.
[4] U.S. Dept. of State, 2011 Human Rights Report: Chad, http://www.state.gov/j/drl/rls/hrrpt/2011/af/186179.htm, May 24, 2012. See also U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Consideration Of Reports Submitted By States Parties Under Article 19 Of The Convention, Concluding observations of the Committee against Torture Chad, para. 25, U.N. Doc. CAT/C/TCD/CO/1, Jun. 4, 2009.
[5] U.S. Dept. of State, 2011 Human Rights Report: Chad, http://www.state.gov/j/drl/rls/hrrpt/2011/af/186179.htm, May 24, 2012. See also U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Consideration Of Reports Submitted By States Parties Under Article 19 Of The Convention, Concluding observations of the Committee against Torture Chad, para. 25, U.N. Doc. CAT/C/TCD/CO/1, Jun. 4, 2009.
[6] U.S. Dept. of State, 2011 Human Rights Report: Chad, http://www.state.gov/j/drl/rls/hrrpt/2011/af/186179.htm, May 24, 2012.
[7] U.S. Dept. of State, 2011 Human Rights Report: Chad, http://www.state.gov/j/drl/rls/hrrpt/2011/af/186179.htm, May 24, 2012.
[8] U.S. Dept. of State, 2011 Human Rights Report: Chad, http://www.state.gov/j/drl/rls/hrrpt/2011/af/186179.htm, May 24, 2012.
[9] U.S. Dept. of State, 2011 Human Rights Report: Chad, http://www.state.gov/j/drl/rls/hrrpt/2011/af/186179.htm, May 24, 2012.
[10] U.S. Dept. of State, 2011 Human Rights Report: Chad, http://www.state.gov/j/drl/rls/hrrpt/2011/af/186179.htm, May 24, 2012. See also U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Consideration Of Reports Submitted By States Parties Under Article 19 Of The Convention, Concluding observations of the Committee against Torture Chad, para. 25, U.N. Doc. CAT/C/TCD/CO/1, Jun. 4, 2009.
[11] U.S. Dept. of State, 2011 Human Rights Report: Chad, http://www.state.gov/j/drl/rls/hrrpt/2011/af/186179.htm, May 24, 2012.
[12] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, Nov. 13, 2011.
[13] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, Nov. 13, 2011
[14] International Centre for Prison Studies, World Prison Brief: Chad, http://www.prisonstudies.org/info/worldbrief/wpb_country.php?country=10, last accessed Jun. 8, 2012.
[15] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 29, Report No. 404/2, Sep. 2004.
[16] Intl. Centre for Prison Studies, World Prison Brief: Chad, http://www.prisonstudies.org/info/worldbrief/wpb_country.php?country=10, last accessed Jun. 8, 2012.
[17] Intl. Centre for Prison Studies, World Prison Brief: Chad, http://www.prisonstudies.org/info/worldbrief/wpb_country.php?country=10, last accessed Jun. 8, 2012.
[18] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Initial Report, Chad, paras. 196-197, U.N. Doc. CCPR/C/TCD/1, Jun. 6, 2008.
[19] Human Rights Watch, World Report 2011: Chad Country Summary, http://www.hrw.org/sites/default/files/related_material/chad_0.pdf, Jan. 2011.
[20] U.N. ICCPR Human Rights Committee, Consideration of reports submitted by States parties under article 40 of the Covenant (continued), Initial report of the Republic of Chad (continued), p. 6, para. 25, U.N. Doc. CCPR/C/SR.2636, Dec. 21, 2009.
[21] Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), art. 47, Ordonnance No. 63-013, Jun. 9, 1967.
[22] Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), art. 47, Ordonnance No. 63-013, Jun. 9, 1967.
[23] U.N. ICCPR Human Rights Committee, Consideration of reports submitted by States parties under article 40 of the Covenant (continued), Initial report of the Republic of Chad (continued), p. 6, para. 25, U.N. Doc. CCPR/C/SR.2636, Dec. 21, 2009.
[24] Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), art. 43, Ordonnance No. 63-013, Jun. 9, 1967.
[25] Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), arts. 44, 45, 48, Ordonnance No. 63-013, Jun. 9, 1967.
[26] Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), arts. 42, 48, Ordonnance No. 63-013, Jun. 9, 1967.
[27] Chad Code of Penal Procedure (Ordonnance portant code de procédure pénale), art. 48, Ordonnance No. 63-013, Jun. 9, 1967.
[28] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 26, Report No. 404/2, Sep. 2004.
[29] Organic Law on the Organization and Procedure of the Supreme Court (Loi organique portant organisation et fonctionnement de la Cour Suprême), arts. 41, 44, Law No. 006/PR/98, Aug. 7, 1998, as amended through to Jun. 11, 2009.
[30] U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Consideration Of Reports Submitted By States Parties Under Article 19 Of The Convention, Concluding observations of the Committee against Torture Chad, para. 16, U.N. Doc. CAT/C/TCD/CO/1, Jun. 4, 2009.
[31] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 26, Report No. 404/2, Sep. 2004.
[32] U.N. ICCPR Human Rights Committee, Consideration of reports submitted by States parties under article 40 of the Covenant (continued), Initial report of the Republic of Chad (continued), p. 6, para. 25, U.N. Doc. CCPR/C/SR.2636, Dec. 21, 2009.
[33] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 26, Report No. 404/2, Sep. 2004.
[34] Intl. Ffederation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 26, Report No. 404/2, Sep. 2004.
[35] U.N. ICCPR Human Rights Committee, Consideration of reports submitted by States parties under article 40 of the Covenant (continued), Initial report of the Republic of Chad (continued), p. 6, para. 25, U.N. Doc. CCPR/C/SR.2636, Dec. 21, 2009.
[36] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 26, Report No. 404/2, Sep. 2004.
[37] U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Consideration Of Reports Submitted By States Parties Under Article 19 Of The Convention, Concluding observations of the Committee against Torture Chad, para. 29, U.N. Doc. CAT/C/TCD/CO/1, Jun. 4, 2009.
[38] U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Consideration Of Reports Submitted By States Parties Under Article 19 Of The Convention, Concluding observations of the Committee against Torture Chad, para. 17, U.N. Doc. CAT/C/TCD/CO/1, Jun. 4, 2009.
[39] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Initial Report, Chad, paras. 176-177, U.N. Doc. CCPR/C/TCD/1, Jun. 6, 2008.
[40] U.S. Dept. of State, 2011 Human Rights Report: Chad, http://www.state.gov/j/drl/rls/hrrpt/2011/af/186179.htm, May 24, 2012.
[41] U.S. Dept. of State, 2011 Human Rights Report: Chad, http://www.state.gov/j/drl/rls/hrrpt/2011/af/186179.htm, May 24, 2012.
[42] U.N.G.A. Human Rights Council, Summary Prepared By The Office Of The High Commissioner For Human Rights, In Accordance With Paragraph 15 (C) Of The Annex To Human Rights Council Resolution 5/1, Chad, p. 6, para. 24, U.N. Doc. A/HRC/WG.6/5/TCD/3, Feb. 23, 2009.
[43] U.N.G.A. Human Rights Council, Summary Prepared By The Office Of The High Commissioner For Human Rights, In Accordance With Paragraph 15 (C) Of The Annex To Human Rights Council Resolution 5/1, Chad, p. 6, para. 24, U.N. Doc. A/HRC/WG.6/5/TCD/3, Feb. 23, 2009.
[44] U.N.G.A. Human Rights Council, Summary Prepared By The Office Of The High Commissioner For Human Rights, In Accordance With Paragraph 15 (C) Of The Annex To Human Rights Council Resolution 5/1, Chad, p. 6, para. 24, U.N. Doc. A/HRC/WG.6/5/TCD/3, Feb. 23, 2009.
[45] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 16, Report No. 404/2, Sep. 2004.
[46] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 16, Report No. 404/2, Sep. 2004.
[47] Intl. Federation for Human Rights, Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores, p. 18, Report No. 404/2, Sep. 2004.

Decisions of International Human Rights Bodies

Decisions of Human Rights Committee

In its 2009 Concluding Observations, the Human Rights Committee noted “with interest” that Chad “[intended] to take measures leading to the abolition of the death penalty” but regretted that it had ended its de facto moratorium on executions. The Committee recommended that Chad consider “abolishing the death penalty or at least reinstating the moratorium on the death penalty. It should ensure that the death penalty is applied, if at all, for only the most serious crimes and (…) should consider commuting all death sentences and ratifying the Second Optional Protocol to the Covenant aiming at the abolition of the death penalty.” [1]

Based on “reports that detainees, particularly prisoners of war and political opponents within the State party, are frequently subjected to torture and to cruel, inhuman or degrading treatment,” the Committee recommended that Chad “guarantee that all allegations of torture and of cruel, inhuman or degrading treatment are investigated by an independent authority, that the perpetrators of such acts are prosecuted and punished accordingly and that the victims receive adequate reparations.” [2]

The Committee also expressed concerns “that, in practice, police custody can last for long periods, during which the detainee has no access to counsel or to medical attention” [3] and about “reports of deplorable conditions of detention in gendarmerie and police stations and in detention centres (…) including overcrowding, severe lack of hygiene, very limited access to medical care and insufficient and low-quality food. The Committee is particularly concerned about reports that prisoners are shackled in some prisons.” [4]

Other issues pointed out by the Committee include the shortage of judges and prosecutors, unmet infrastructure needs and the lack of defense counsel in the eastern part of the country. [5]

Decisions of Other Human Rights Bodies

During its 2009 Universal Periodic Review by the Human Rights Council, Chad supported the following recommendations:

-To ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights; [6]
-To incorporate in national law the definition of torture as contained in article 1 of the Convention against Torture and specifically criminalize torture; [7]
-To review conditions in all detention and prison facilities so that they comply with the Standards Minimum Rules for the Treatment of Prisoners; [8]
-To ensure due process to all detainees, and; [9]
-To make urgent efforts to ensure humane conditions for detainment in prisons. [10]

Chad gave no response to the following recommendations:
-To reinstate the moratorium on death penalty with view to ensure definitive abolition; [11]
-To ensure specific human rights training and education for judicial staff and prison officers and ensure their full accountability for any violation. [12]

References

[1] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Concluding observations of the Human Rights Committee, Chad, p. 5, para. 19, U.N. Doc. CCPR/C/TCD/CO/1, Aug. 11, 2009.
[2] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Concluding observations of the Human Rights Committee, Chad, pp. 5-6, para. 21, U.N. Doc. CCPR/C/TCD/CO/1, Aug. 11, 2009.
[3] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Concluding observations of the Human Rights Committee, Chad, p. 6, para. 22, U.N. Doc. CCPR/C/TCD/CO/1, Aug. 11, 2009.
[4] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Concluding observations of the Human Rights Committee, Chad, p. 6, para. 23, U.N. Doc. CCPR/C/TCD/CO/1, Aug. 11, 2009.
[5] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Concluding observations of the Human Rights Committee, Chad, p. 7, para. 26, U.N. Doc. CCPR/C/TCD/CO/1, Aug. 11, 2009.
[6] U.N.G.A. Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review, Chad, p. 15, para. 82(5), U.N. Doc. A/HRC/12/5, Oct. 5, 2009.
[7] U.N.G.A. Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review, Chad, p. 16, para. 82(23), U.N. Doc. A/HRC/12/5, Oct. 5, 2009.
[8] U.N.G.A. Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review, Chad, p. 16, para. 82(24), U.N. Doc. A/HRC/12/5, Oct. 5, 2009.
[9] U.N.G.A. Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review, Chad, p. 18, para. 82(50), U.N. Doc. A/HRC/12/5, Oct. 5, 2009.
[10] U.N.G.A. Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review, Chad, p. 18, para. 82(52), U.N. Doc. A/HRC/12/5, Oct. 5, 2009.
[11] U.N.G.A. Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review, Chad, p. 21, para. 83(3), U.N. Doc. A/HRC/12/5, Oct. 5, 2009.
[12] U.N.G.A. Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review, Chad, p. 21, para. 83(12), U.N. Doc. A/HRC/12/5, Oct. 5, 2009.

Additional Sources and Contacts

Direct member(s) of World Coalition Against the Death Penalty

None.

Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty

Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
info@reprieve.org.uk
http://www.reprieve.org.uk

Helpful Reports and Publications

The Center of Studies and Education for Development (Centre d’Etudes et de Formation pour le Développement) publishes the Revue juridique tchadienne (Chad Law Review), http://www.cefod.org/.

Intl. Federation for Human Rights, Chad - Death Penalty: ending a moratorium, between security opportunism and settling of scores, Report No. 404/2, Sep. 2004.

Nadjita F. Ngarhodjim, Update: An Introduction to the Legal System and Legal Research in Chad, GlobaLex, http://www.nyulawglobal.org/Globalex/Chad1.htm, Jan. 2012.

U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Consideration Of Reports Submitted By States Parties Under Article 19 Of The Convention, Concluding observations of the Committee against Torture Chad, U.N. Doc. CAT/C/TCD/CO/1, Jun. 4, 2009.

U.N.G.A. Human Rights Council, Summary Prepared By The Office Of The High Commissioner For Human Rights, In Accordance With Paragraph 15 (C) Of The Annex To Human Rights Council Resolution 5/1, Chad, U.N. Doc. A/HRC/WG.6/5/TCD/3, Feb. 23, 2009.

Additional notes regarding this country

A rapprochement agreement between Chad and Sudan, signed January 15, 2010, marked the end of a five-year proxy war. The normalization of relations led to the repatriation of Chadian rebels from Sudan, the opening of the border between the two countries in April after seven years of closure, and the deployment of a joint force to secure the border, though attacks on civilians in the area continue. In May 2011, the UN revised the mission's mandate and authorized its gradual drawdown and closure by the end of the year, and effectively shifted full responsibility for the protection of civilians, including displaced populations and refugees from Darfur, to the Chadian security forces. Throughout the country, government forces continue to arbitrarily arrest and detain civilians and suspected rebels, often on the basis of ethnicity, and subject them to ill-treatment and torture, sometimes in unofficial places of detention. [1]

References

[1] Human Rights Watch, World Report 2011: Chad Country Summary, http://www.hrw.org/sites/default/files/related_material/chad_0.pdf, Jan. 2011.

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