Author : United States Department of State, Bureau of Democracy, Human Rights and Labor
Publication Type : Report
Date of publication : 2018
Chad is a centralized republic in which the executive branch dominates the legislature and judiciary. In 2016 President Idriss Deby Itno, leader of the Patriotic Salvation Movement (MPS) was elected to a fifth term in an election that was neither free nor fair. During the 2011 legislative elections, the ruling MPS won 118 of the National Assembly’s 188 seats. International observers deemed that election legitimate and credible. Since 2011, legislative elections have been repeatedly postponed for lack of financing or planning.
Arbitrary deprivation of life and other unlawful or politically motivated killings
There were reports that the government or its agents committed arbitrary and unlawful killings. Human rights groups credibly accused security forces of killing and torturing with impunity, according to Freedom House.
In April, following recommendations of judges investigating the cases, a court authorized the release of 118 Boko Haram suspects whom the government had insufficient evidence to detain. The remaining detainees with alleged terrorist charges were in Koro-Toro prison awaiting trial. The approximately 16 children and women the government held in 2017 in the Amsinene prison were released in June. The children had been kept in custody not because of their involvement in any criminal offense, but because no other childcare was available.
There were no reports of disappearances by or on behalf of government authorities.
Torture and other cruel, inhuman, or degrading treatment or punishment
In April Amnesty International decried authorities’ use of torture, describing a case in which ruling party authorities beat journalist and activist “Mahadine” and subjected him to electric shocks while he was in detention.
On October 3, the Chadian Convention for the Defense of Human Rights (CTDDH) denounced the acts of General Mahamat Saleh Brahim, commander of the Chadian National Nomadic Guard operating in Ngouri, Lake Chad region. According to the secretary general of the CTDDH, General Saleh Brahim arrested 15 village chiefs because they refused to sign a document to renounce their right of land ownership. General Brahim had previously put the village chiefs in the sun for more than four hours before sending them to prison, subjecting them to humiliating and degrading treatment.
Security forces used excessive force against demonstrators.
On September 17, former government employees demonstrated in front of the public treasury in N’Djamena, claiming salary arrears. National police dispersed them with tear gas. Witnesses and local newspapers reported that police arrested and wounded several protesters.
According to the United Nations, two allegations of sexual exploitation and abuse against peacekeepers from Chad reported prior to 2018 were pending. The cases alleged sexual exploitation (exploitative relation) and sexual assault (against a child) involving peacekeepers deployed in the UN Stabilization Mission in Haiti (MINUSTAH). Investigations by both the United Nations and Chad were pending.
Prison and Detention Center Conditions
Conditions in the country’s 41 prisons remained harsh and potentially life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care.
Independent Monitoring: The government permitted the International Committee of the Red Cross (ICRC) to visit prisons, and the ICRC conducted such visits during the year. At the maximum-security Koro-Toro prison, where few families visited due to its distance from N’Djamena, the ICRC visited every four to six weeks.
Arbitrary arrest or detention
The constitution and law prohibit arbitrary arrest and detention, but the government did not always observe these prohibitions. The law does not provide for the right of persons to challenge the lawfulness of their arrest or detention in court, or to obtain prompt release and compensation if found to have been unlawfully detained.
In its Freedom in the World 2018 report, Freedom House stated security forces “routinely ignore” constitutional protections regarding detention. Police and gendarmes also detained individuals for civil matters, contrary to law. There were reports that officials held detainees in police cells or in secret detention facilities.
The director of Air Inter One, a private airline company, Mathias Tsarsi, had been detained since September 2017. He was charged with financing terrorism, money laundering, forgery, and the use of forgery. Tsarsi was also accused of using an A-340 Airbus aircraft registered in Chad for arms trafficking between Syria, Kazakhstan, and the United States. According to his lawyers, the alleged Airbus A-340 did not belong to Air Inter One.
Role of the police and security apparatus
The military (ANT), gendarmerie, national police, the Chadian National Nomadic Guard (GNNT), and National Security Agency (ANS) are responsible for internal security. A specialized gendarmerie unit, the Detachment for the Protection of Humanitarian Workers and Refugees (DPHR), is responsible for security in refugee camps for both refugees and humanitarian workers. The ANT reports to the Ministry of Defense. The national police, GNNT, and DPHR are part of the Ministry of Public Security and Immigration. The ANS reports directly to the president.
Security forces were corrupt and involved in extortion. According to media reports, police also were involved in violence and arms trafficking. Impunity was a problem. Local media and civil society organizations reported that members of the judicial police, an office within the national police with arrest authority, did not always enforce domestic court orders against military personnel or members of their own ethnic groups. There were isolated reports of former soldiers posing as active-duty soldiers and committing crimes with government-issued weapons.
Arrest procedures and treatment of detainees
The law provides for a presumption of innocence. Defendants have the right to be informed promptly and in detail of the charges against them and to be provided free interpretation; these rights, however, were seldom respected, according to local media. Trials are public. Only criminal trials used juries, but not in politically sensitive cases. While defendants have the right to consult an attorney in a timely manner, this did not always occur.
By law indigent persons have the right to legal counsel at public expense in all cases, although this seldom occurred, according to legal experts. Human rights groups sometimes provided free counsel to indigent clients. Defendants have the right to adequate time and facilities to prepare a defense. Defendants and their attorneys have the right to question witnesses and present witnesses and evidence. Defendants have the right not to be compelled to testify or confess guilt, but the government did not always respect this right, according to lawyers. Defendants have the right to appeal court decisions.
In some areas, growing Islamic legal tradition influenced local practice and sometimes impacted legal interpretation. For example, local leaders may apply the Islamic concept of dia, which involves a payment to the family of a crime victim. The practice was common in Muslim areas. Non-Muslim groups challenged the practice, asserting it was unconstitutional.
Political prisoners and detainees
According to the NGO Movement Citizen Action for the Integral Application of Amnesty in Chad (ACAIAT) November report, there were at least 72 political detainees. The list released by ACAIAT showed some detainees had spent seven years and seven months in prison, while the shortest time in prison was one year. All were awaiting trial. According to criminal law, the detainees should have been released because of their lengthy pretrial detention. The representative of ACAIAT said was a politically motivated detention.
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