Section 1. Respect for the Integrity of the Person, Including Freedom from:
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.
Interethnic violence resulted in deaths (see section 6).
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 child care was available.
There were no reports of disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution prohibits such practices, there was anecdotal evidence that the government continued to employ them.
General Mahamat Abdoulkader Oumar, aka Baba Ladehe, a former Chadian rebel arrested in 2014 by UN forces in the Central African Republic (CAR) and turned over to Chadian authorities, remained imprisoned in Koro-Toro pending hearings. According to his lawyers, he was denied access to medical treatment while his health deteriorated. In August, Radio France Internationale (RFI) reported the representative of the International Federation of Human Rights (FIDH) was concerned about Baba Ladehe’s health and questioned Ladehe’s continued detention after an order of President Deby amnestied all rebels on the proclamation of the Fourth Republic. Baba Ladehe was accused of armed robbery, illegal possession of weapons, assassination, rebellion, and criminal conspiracy. He had spent more than four years in prison without trial.
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.
Physical Conditions: According to a Justice Ministry official, there were approximately 8,700 inmates. They were vulnerable to diseases such as HIV, tuberculosis, and malaria. Prison overcrowding remained a serious problem. Despite the near doubling of the prison population since 2012, no new facilities had been constructed. Authorities did not separate juveniles from adult male prisoners, and sometimes held children with their inmate mothers. Authorities did not always separate male and female prisoners, and held pretrial detainees with convicted prisoners. Regional prisons were crumbling, overcrowded, and without adequate protection for women and youth. They reportedly received insufficient funding to feed inmates.
Local nongovernmental organizations (NGOs) reported food, potable water, sanitation, and health services were inadequate. Prison guards, who were not regularly paid, sometimes released prisoners if bribed. Provisions for heating, ventilation, and lighting were inadequate or nonexistent. The law stipulates a doctor must visit each prison three times a week, but authorities lacked resources to comply. The few prisons that had doctors lacked medical supplies. Family members of detainees frequently provided them with food, soap, medicine, and other supplies. NGOs reported that government officials forced prisoners to work on their private enterprises as a source of free labor.
No estimate of deaths in prisons or detention centers was available.
After a 2017 visit, President Deby stated that he had observed alarming conditions at Amsinene prison. In a press conference, he stated the prison was seriously overcrowded and the situation had deteriorated. The director of the penitentiary reported the prison held 2,027 inmates, including 92 underage detainees and 49 women. He said poor conditions contributed to the physical and mental deterioration of most detainees, which was compounded by socioeconomic and cultural factors that impacted an inmate’s chance to receive food or medicine from a family or tribal network.
Administration: There was no functioning mechanism by which prisoners could submit complaints about prison conditions to judicial authorities. Although NGOs denounced prison conditions, they did not file a case against the government, and there is no formal complaint process outside of the courts. There was no data available on prisoner access to the requirements of religious observance or practice.
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.
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.
On May 22, following an ordinance for release of three detainees against whom no charges were made, a commander of gendarmes carried out an assassination attempt on a lawyer and his clients, allegedly under the instruction of the governor of Doba, who believed the court mismanaged the case, RFI reported. After Governor of Doba Adam Nouky Charfadine was sentenced to five years’ imprisonment in July, the Appeals Court delivered its verdict. Adam Nouky Charfadine was convicted of infringement of freedom, encroaching on justice and discrediting a court decision. He was sentenced to two years’ suspended prison time and a fine of 500,000 CFA francs ($850). His codefendants were sentenced to the same suspended prison time penalty and fined 250,000 CFA francs ($425) each.
Two gendarmerie entities, the National Judiciary Investigations Section and the Special Intervention Squad of the Gendarmerie, investigate all gendarmerie, GNNT, and army killings to determine whether they occurred in the line of duty or were otherwise justifiable. The Judicial Police investigate police killings.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Although the law requires a judge to sign and issue arrest warrants before arrests may take place, this did not always occur, according to local media. By law detainees must be charged within 48 hours or released, unless the procurer (investigating magistrate) authorizes an extension of detention for investigative purposes. Nevertheless, authorities often did not make judicial determinations promptly. According to justice representatives, at least 20 to 25 percent of inmates were in long-term pretrial detention. The law allows for bail and access to counsel, but there were cases in which authorities provided neither. In some cases authorities denied detainees visits from doctors. While the law provides for legal counsel for indigent defendants and prompt access to family members, this rarely occurred, according to justice representatives. Authorities occasionally held detainees incommunicado.
Arbitrary Arrest: Security forces arbitrarily arrested journalists, demonstrators, critics of the government, and other individuals, according to local media.
Le Visionaire newspaper reported that on August 4, police arrested the director of Radio FM Nada, Beinde Bessande Sylver; the CEO of the English Learning Center, Bendiguim Eric; and the director of the Poly Handicraft Institute of Chad, Mbaihoremem Joachim. They reportedly trained 1,000 young persons in digital technology, reproductive health, and entrepreneurship, which led to their arrest. The prefect of Moundou accused the men of usurping the title of journalist, saying, “They are not allowed to train young people, it is illegal.” All three were released on September 7, following the decision of the public prosecutor of the court of Moundou.
Pretrial Detention: Lengthy pretrial detention remained a problem, despite government efforts to address it. 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, according to a Ministry of Justice official. The length of detention sometimes equaled or exceeded the sentence for conviction of the alleged crime. Lengthy pretrial detention was exacerbated by an overworked and underresourced judiciary susceptible to corruption.
Although the constitution and law provide for an independent judiciary, the judiciary was underfunded, overburdened, corrupt, and subject to executive interference. Members of the judiciary sometimes received death threats or were demoted for not acquiescing to pressure from officials, according to representatives of the bar association. Government personnel, particularly members of the military, often were able to avoid prosecution. Courts were generally weak and in some areas nonexistent. Judicial authorities did not always respect court orders.
In July the prosecutor of the republic at the court of Iriba, in the eastern region, was threatened with death after the assassination of two defendants in that court. Minister of Justice Djimet Arabi told the French Press Agency that “while the prosecutor was speaking to an alleged criminal in his office during a hearing, men came to shoot the defendant. Then they went out to shoot another one who also came for a hearing,” according to the minister. Threatened by the relatives of the two victims, “The prosecutor took refuge with the prefect, whom we asked to protect him,” said Djimet Arabi.
“We deplore and condemn the threats hanging over the Chadian magistrates,” said Djonga Arafi, secretary general of the Trade Union of Magistrates of Chad.
On May 22, following an ordinance for release of three detainees against whom no basis for arrest was found, a commander of gendarmes carried out an assassination attempt on a lawyer and his clients allegedly under the instructions of the governor of Doba, who believed the court mismanaged the case, according to RFI. After the governor of Doba, Adam Nouky Charfadine, was sentenced to five years’ imprisonment in July, the Appeals Court delivered its verdict. Adam Nouky Charfadine was convicted of infringement of freedom, encroaching on justice, and discrediting a court decision. He was sentenced to two years’ suspended imprisonment and a fine of 500,000 CFA francs ($850). His codefendants were sentenced to the same suspended confinement penalty and 250,000 CFA francs each ($425). According to a representative of the bar association, the sentences were very lenient compared to previous sentences.
A judicial oversight commission has the power to investigate judicial decisions and address suspected injustices. The president appointed its members, increasing executive control of the judiciary.
The legal system is based on the French civil code, but the constitution recognizes local customary law in places where it is long established, provided it does not interfere with public order or constitutional provisions for equality of citizens. Courts tended to blend the formal French-derived legal code with traditional practices. Local customs often supersede Napoleonic law. Residents of rural areas and refugee/internally displaced persons (IDPs) camps often lacked access to formal judicial institutions, and legal reference texts were unavailable outside the capital or in Arabic. In minor civil cases, the population often relied on traditional courts presided over by village chiefs, canton chiefs, or sultans. Penalties in traditional courts sometimes depended on the clan affiliations of the victim and perpetrator. Decisions of traditional courts may be appealed to a formal court.
The constitution enacted in April states that there is a military court system. It comprises two courts: the Military Court, similar to the First Instance Court, and the High Military Court, acting as an appellate court.
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.
Media reported the secret detention of two high-ranking intelligence officers by the government, but further verification was not possible.
Unlike in the previous year, there were no confirmed reports of new political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Lawsuits for human rights violations may be brought before a criminal court, but compensation is addressed by a civil court. Administrative and judicial remedies, such as mediation, are available. The judiciary was not always independent or impartial in civil matters, and some legal professionals were coerced in order to manipulate legal decisions, according to representatives of the bar association.
Unlike in the previous year, there were no reports of the government demolishing homes without due process.
Although the constitution provides for the right to privacy and inviolability of the home, the government did not always respect these rights. It was common practice for authorities to enter homes without judicial authorization and seized private property without due process. Security forces routinely stopped citizens to extort money or confiscate goods.
A government decree prohibits possession and use of satellite telephones.