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Chad

Executive Summary

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, was elected to a fifth term in an election that was neither free nor fair. During the 2011 legislative elections, the ruling Patriotic Salvation Movement won 118 of the National Assembly’s 188 seats. International observers deemed the elections legitimate and credible. Subsequent legislative elections have been repeatedly postponed for lack of financing or planning.

The National Army of Chad, National Gendarmerie, Chadian National Police, Chadian National Nomadic Guard, and National Security Agency are responsible for internal security. A specialized gendarmerie unit, the Detachment for the Protection of Humanitarian Workers and Refugees, is responsible for security in refugee camps for both refugees and humanitarian workers. The National Army of Chad reports to the Ministry delegated to the Presidency in Charge of Armed Forces, Veterans, and War Victims. The national police, Chadian National Nomadic Guard, and Detachment for the Protection of Humanitarian Workers and Refugees report to the Ministry of Public Security and Immigration. The National Security Agency reports directly to the president. Civilian authorities at times did not maintain effective control of the security forces, and security force members committed some abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by government or on behalf of government; torture and cases of cruel, inhuman, or degrading treatment or punishment by government or on behalf of government; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including unjustified arrests or prosecutions against journalists, censorship, site blocking, and the existence of criminal libel laws; substantial interference with the freedom of peaceful assembly; serious restrictions on freedom of movement; inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation where elections have not been found to be genuine, free, or fair; serious acts of corruption; lack of investigation of and accountability for violence against women; trafficking in persons; crimes involving violence or threats of violence targeting members of ethnic minority groups; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons; and existence of laws criminalizing consensual same-sex sexual conduct between adults.

There were reports that authorities took steps to prosecute or punish officials who committed abuses, whether in the security services or elsewhere in the government, but impunity remained a problem.

Members of Boko Haram, the Nigerian militant terrorist group, killed numerous civilians and military personnel in attacks in the country, often using suicide bombers.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were reports the government or its agents committed arbitrary and unlawful killings. Human rights groups credibly accused security forces of killing and torturing with impunity. The Ministry of Justice and the National Commission on Human Rights investigate allegations of security force killings.

In March, 44 suspected Boko Haram prisoners died in a gendarmerie prison cell. The National Commission on Human Rights assessed they died from heat, overcrowding, and lack of adequate food and water (see section 1.c., Prison Conditions).

In May 2019 Yaya Awad, arrested for allegedly stealing a motorcycle, died in custody at the seventh police district of N’Djamena after police fatally beat and otherwise injured him during interrogation. In July authorities sentenced three police officers involved in the incident to five years in prison and fines.

On March 23, Boko Haram militants killed 92 soldiers in an attack in Boma, Lake Chad Province.

Interethnic violence resulted in deaths (see section 6, Discrimination).

b. Disappearance

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 the government continued to employ them.

In response to the March Boko Haram attack that killed 92 soldiers, the government launched the Wrath of Boma military operation. Two reputable nongovernmental organizations (NGOs) investigated and reported alleged abuses by security forces during the operation.

Impunity was a significant problem in the security forces due to corruption and poor discipline. Offices that investigated abuses included the Ministry of Justice and the National Commission on Human Rights. Authorities offered training in human rights to its security forces through international partners, such as the United Nations and individual countries.

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: Prison overcrowding remained a serious problem. Despite the near doubling of the prison population, no new facilities had been constructed since 2012. Authorities did not separate juveniles from adult male prisoners and sometimes held children with their inmate mothers. Authorities held pretrial detainees with convicted prisoners and did not always separate male and female prisoners. Regional prisons were crumbling, overcrowded, and without adequate protection for women and youth. Prison guards, who were not regularly paid, sometimes released prisoners if bribed.

No estimate of deaths in prisons or detention centers was available. In March the government transferred 58 suspected Boko Haram fighters to a Gendarmerie prison in N’Djamena for processing and investigation of their cases. On April 16, 44 were found dead in their cell. Two reputable NGOs released investigative reports that attributed the deaths to poor prison conditions. On August 7, the National Commission on Human Rights (CNDH) concluded the 44 prisoners died due to overcrowding in a cell designed for 20 individuals, the oppressive heat of the dry season, and lack of adequate food and water.

Local NGOs reported potable water, sanitation, and health care were inadequate. Provisions for heating, ventilation, and lighting were inadequate or nonexistent. Inmates were vulnerable to diseases such as HIV, tuberculosis, COVID-19, and malaria. The law stipulates a doctor must visit each prison three times a week, but authorities did not comply. The few prisons that had doctors lacked medical supplies. Prison authorities provided insufficient food to inmates. Family members of detainees frequently provided them with food, soap, medicine, and other supplies. NGOs reported government officials forced prisoners to work on their private enterprises as a source of free labor. On September 15, the National Assembly questioned Minister of Justice Djimet Arabi on allegations of poor living conditions in detention centers.

Unlike in previous years, there were no reports of prison riots.

Administration: Authorities did not investigate credible allegations of mistreatment. There was no mechanism for prisoners to submit complaints. There were 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. At the maximum-security Koro-Toro Prison, where few families visited due to its distance from N’Djamena, the minister of justice stated in September that the ICRC had a permanent authorization to visit. On November 6, representatives of the Chadian Convention for the Defense of Human Rights (CTDDH) announced the existence of a dozen “secret prisons” of the National Security Agency (ANS). Abbas Alhassan, a CTDDH spokesperson, described “inhuman and cruel” conditions, as did two previous detainees whom Radio France Internationale interviewed. The Ministry of Justice stated there were two ANS-operated prisons, they were not secret, they were monitored by the ministry and ICRC, and their operation was justified on security grounds. In December the CNDH visited ANS detention facilities and assessed prison conditions were adequate.

Improvements: In accordance with a presidential pardon, in August authorities released 538 detainees, including General Mahamat Abdoulkader Oumar, aka Baba Ladehe, a former rebel convicted in 2018 of murder, rebellion, criminal conspiracy, illegal possession of weapons, and armed robbery.

d. 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 2019 report, Freedom House stated security forces “routinely ignore constitutional protections” regarding detention. There were reports officials held detainees in police cells or in secret detention facilities.

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. By law detainees must be charged within 48 hours or released, unless the procureur (investigating magistrate) authorizes an extension of detention for investigative purposes. Nevertheless, authorities often did not make judicial determinations promptly. 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 legal observers. Authorities occasionally held detainees incommunicado.

Arbitrary Arrest: According to local media, security forces arbitrarily arrested journalists, demonstrators, critics of the government, and other individuals.

On February 11, Amnesty International reported the “incommunicado” detention by the National Security Agency of Baradine Berdei Targuio, president of the Chadian Organization for Human Rights. Media reported that two days prior to his arrest, Targuio made Facebook posts regarding the health of the president.

Pretrial Detention: Lengthy pretrial detention remained a problem, despite government efforts to address it. According to justice activists, in 2018 at least 20 to 25 percent of inmates were in long-term pretrial detention. According to a Ministry of Justice official, 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. The length of detention sometimes equaled or exceeded the possible sentence for the alleged crime. Lengthy pretrial detention was exacerbated by an overworked judiciary susceptible to corruption.

Unlike in previous years, there was no reported release of Boko Haram fighters.

e. Denial of Fair Public Trial

Although the constitution and law provide for an independent judiciary, the judiciary was overburdened, corrupt, and subject to executive interference. According to representatives of the bar association, members of the judiciary were not always impartial in civil matters, sometimes received death threats or were demoted for not acquiescing to pressure from officials, or were otherwise coerced into manipulating decisions. 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. Local media and civil society organizations reported members of the Judicial Police of Chad, an office within the Ministry of Justice with arrest authority, did not always enforce domestic court orders against military personnel or members of their own ethnic groups.

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 constitution provides for a military court system composed of the Military Court and the High Military Court, which acts as an appellate court.

Trial Procedures

The law provides for a presumption of innocence, and for fair, timely, and public trials. Defendants have the right to be informed promptly and in detail of the charges against them and to be provided free interpretation. According to local media, however, these rights were seldom respected. 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 according to legal experts this seldom occurred. Human rights groups sometimes provided free counsel to indigent clients. Defendants have the right to adequate time and facilities to prepare a defense and to be present at their trial. 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.

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 French language legal code with traditional practices. Local customs often supersede the law. Residents of rural areas and refugee and 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.

In some areas growing Islamic legal tradition influenced local practice and sometimes influenced legal interpretation. For example, local leaders may apply the Islamic concept of diya, which involves a payment to the family of a crime victim by the perpetrator or the perpetrator’s family. The practice was common in Muslim areas. Non-Muslim groups challenged the practice, asserting it was unconstitutional. In October 2019 the government issued an interministerial order regulating the practice of diya, with the criminal code taking precedence in any conflict with diya practices.

Political Prisoners and Detainees

According to the NGO Citizen Action for the Integral Application of Amnesty in Chad, in 2018 there were at least 72 political detainees. Media suggested the September 4 arrest of former oil minister Djerassem Le Bemadjiel was politically motivated because of his ties to an opposition party (see section 4, Corruption). Human rights organizations were not allowed access to these detainees.

Civil Judicial Procedures and Remedies

Lawsuits for human rights abuses may be brought before a criminal court, but compensation is addressed by a civil court. Administrative and judicial remedies, such as mediation, are available.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

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 seize private property without due process. Security forces routinely stopped citizens to extort money or confiscate goods.

In October security forces encircled the homes of opposition party members seeking to participate in a constitutional forum (see section 2.b., Freedom of Peaceful Assembly).

A government decree prohibits possession and use of satellite telephones.

Section 2. Respect for Civil Liberties, Including:

Academic Freedom and Cultural Events

There were government restrictions on academic freedom. The government banned large gatherings–including cultural events–due to COVID-19 restrictions.

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

Freedom of Association

The constitution and law provide for freedom of association, and the government generally respected this right. While the law requires the Ministry of Public Security and Immigration to provide prior authorization before an association, including a labor union, may be formed, there were no reports the law was enforced. The law also allows for the immediate administrative dissolution of an association and permits authorities to monitor association funds. In late 2018 authorities modified the regulation on NGOs to exert greater control over development and humanitarian activities, requiring NGOs to contribute 1 percent of their budget to the “functioning of the structures of the Ministry of Planning.”

Authorities denied recognition to some opposition political groups (see section 3, Political Parties and Political Participation)

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens with the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, but the government limited this right. The executive branch dominated the other branches of government.

Elections and Political Participation

Recent Elections: In the 2016 presidential election, President Deby won a fifth term with 59.92 percent of the vote; Saleh Kebzabo placed second with 12.8 percent. While the election was orderly and had a high voter turnout, it was neither free nor fair, and there were numerous irregularities. According to the African Union, staff at polling stations were not adequately trained, 81 percent of ballot boxes observed had not been checked to see if they were empty at the start of polling, and 10 percent of polling stations did not provide secrecy in voting. Runner-up Kebzabo refused to accept the outcome of the vote, stating it was an “electoral stickup.” Other opposition politicians cited alleged ballot stuffing and the disappearance of ballot boxes.

During the 2011 legislative elections, the ruling Patriotic Salvation Movement (MPS) won 118 of the National Assembly’s 188 seats. International observers deemed the election legitimate and credible.

The COVID-19 pandemic negatively affected progress on voter registration and preparations for future elections. Every year the May to September rainy season disrupts travel and complicates electoral processes.

Political Parties and Political Participation: There were 138 registered political parties, of which more than 100 were associated with the dominant MPS party. Changes to the law in 2018 complicated and increased the cost of party registration, outreach, and participation procedures that opposition leaders attributed to the government’s attempt to limit dissent. Authorities continued to refuse registration to some political parties, including Les Transformateurs, on murky administrative grounds.

Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process. The law decrees leadership of all political parties must include at least 30 percent women. Women’s political participation, however, was limited by many factors, including lack of access to campaign funds and cultural norms that discourage activism. The law establishes the principle of parity in nominations and elective offices with a requirement of 30 percent women at a minimum, increasing progressively toward equal representation of men and women.

Ethnicity influenced government appointments and political alliances. Political parties and groups generally had readily identifiable regional or ethnic bases. Northerners, particularly members of the president’s Zaghawa ethnic group, were overrepresented in key institutions, including the military officer corps, elite military units, and the presidential staff.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but authorities did not implement the law effectively, and corruption was pervasive at all levels of government.

According to Freedom House’s Freedom in The World 2020 report, corruption, bribery, and nepotism “are endemic” and prominent journalists, labor leaders, and religious figures faced harsh reprisals for speaking out, including arrest, prosecution, and exile. According to Freedom House, prosecutions of high-level officials were widely viewed as selective efforts to discredit those who posed a threat to the president or his allies.

Corruption: There were reports of selective investigation of government officials.

Corruption was most pervasive in government procurement, the awarding of licenses or concessions, dispute settlement, regulation enforcement, customs, and taxation. Judicial corruption was a problem and hindered effective law enforcement. Security forces arbitrarily arrested travelers on pretexts of minor traffic violations to generate bribes.

On September 4, authorities jailed former oil minister Djerassem Le Bemadjiel, charging him with numerous offenses including embezzling public funds, illicit use of state property, and corruption. Local media suggested his arrest and detention was politically motivated because of his alleged link with the Les Transformateurs political party. Social media users demanded other former ministers with serious allegations against them of embezzlement and illicit enrichment also be investigated.

Financial Disclosure: Public officials are subject to financial disclosure laws, but the laws do not specify sanctions for noncompliance, and declarations were not made available to the public.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Several domestic and international human rights groups operated in the country, investigating and publishing their findings on human rights cases. Government officials were sometimes cooperative and responsive to their views.

In August a court approved a request by a former member of the CTDDH to suspend Mahamat Nour Ibedou from his position as head of the organization. In December a new CTDDH general assembly was installed despite protests by sitting members of procedural violations. Observers believed the former member lacked standing to bring the legal action, the new general assembly lacked legitimacy, and authorities supported these actions to lessen the stature and capability of the CTDDH to investigate human rights problems.

Government Human Rights Bodies: The Ministry of Justice and Human Rights coordinated efforts by local and international NGOs to protect human rights. Local NGOs reported the ministry functioned independently but was of limited effectiveness.

In February the CNDH became operational. The commission’s mandate is to advise the government on human rights, conduct investigations, assess prison conditions, verify adequate protection against abuse and torture of prisoners, and provide recommendations to the government following investigations. Observers consider the CNDH to be substantially independent of the government and relatively effective.

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