Chad

Torture, rape, and other forms of ill-treatment in detention are routine in Chad. Prison conditions are already dire, and at worst, life-threatening. Detainees are at greater risk of ill-treatment, torture or extrajudicial execution when held incommunicado or in unauthorized or undisclosed places of detention.

When a coalition of armed opposition groups attacked N’Djamena in 2008, at least 380 people were arrested and detained, including opposition leader Ibni Oumar Mahamat Saleh, who was subjected to enforced disappearance. His whereabouts remain unknown. An alleged coup attempt in 2013 was suppressed when security forces indiscriminately opened fire on a group of unarmed people and killed several. A number of political opponents were detained and charged with “conspiracy, endangering the constitutional order and complicity of assassination.” The situation has worsened since 2015. Security threats and discontent related to the country’s current economic crisis have provided a context for a new wave of repression. State efforts to repress the rights to freedom of expression, assembly and association intensified during a period that included a highly contested presidential election, attacks by Boko Haram, and a severe economic crisis provoked by a sharp drop in the price of oil (Chad’s main source of funds). As political and economic discontent has grown, individuals and organizations have increasingly voiced dissent, and the Chadian security services have responded by banning protests and arresting, prosecuting and intimidating government critics.

The right to peaceful protest is recognized by the Chadian Constitution.  Chadian security forces have broken up unauthorized demonstrations, sometimes using excessive and deadly force. In March 2016, police were caught on video beating and humiliating dozens of students who had been protesting in N’Djamena, following a protest in which one student was killed. In February 2016, at least 40 activists belonging to the Collective of Chadian Youth Associations and Movements (CAMOJET) were arrested for participating in two peaceful protests, while in December 2016 security forces occupied the headquarters of the Union of Chadian Trade Unions and prevented female members from holding a demonstration against government austerity measures. Individuals involved in organizing such protests are arrested and prosecuted on charges including public disorder, incitement to an unarmed gathering, defamation or contempt of public authorities. In March 2016 four leaders of pro-democracy movements and organizations, Celine Narmadji, Nadjo Kaina, Mahamat Nour Ibedou and Younous Mahadjir, were arrested for planning a peaceful public demonstration against President Déby’s bid for re-election. In a similar case, a year later, Nadjo Kaina together with Bertrand Solloh, two leaders of the citizen movement Iyina – ‘we are tired’ in Arabic – were arrested by agents of the National Security Agency (Agence Nationale de Securité, ANS) for calling on citizens to wear red on 10 April 2017 to show their solidarity. Kaina and Solloh were detained by the ANS without access to their families or lawyers before being handed over to the judicial police, charged with attempted conspiracy and organizing an unauthorized gathering. They reported being tortured while in detention.

Human rights defenders and journalists have told Amnesty International how they have been threatened and intimidated by either anonymous individuals or those identifying themselves as members of the security services. For example, in February 2017, Eric Kokinagué, the Director of Publication of the newspaper Tribune Info, received more than a dozen anonymous threatening calls from different numbers after he published an article heavily critical of President Déby. The columnist who wrote the article, Daniel Ngadjadoum, was abducted by armed men, detained for 24 hours in what he believes to be an ANS facility and forced to write a letter of apology.In January 2017 the Minister of Territorial Administration, Public Security and Local Governance issued a decree denying a request made by eight civil society organizations to peacefully protest against austerity measures. He announced in the media that “The civil society protest scheduled for 25 January is strictly forbidden on the whole national territory […]. The defense and security forces are required to ensure the implementation of this decision.” Two days later, the protest was banned. During the protest, tear gas was used, and at least seven peaceful protesters from the Chadian Convention for Human Rights (Convention Tchadienne pour la défense des droits humains, CTDDH) were arrested. They were charged with rebellion, participating in an unarmed gathering and public disorder and released after 22 days in detention. Versinis Nelly, spokesperson of the Collectif contre la vie chere was beaten by security forces and taken to the judicial police headquarters. Djimet Wiche, a journalist at Alwihda Info, was also beaten by security forces while covering the protest.

The ANS

The repression faced by human rights defenders, civil society organizations, trade unions, journalists and others is carried out by different arms of the state, sometimes working in parallel. There is the official justice system including the police, the gendarmerie and the courts, and there is the National Security Agency (ANS) – the successor to the Documentation and Security Directorate (DDS), Hissène Habré’s intelligence services. ANS agents have been involved in the surveillance, intimidation, arrest and detention of critics of the government. The ANS has an essential role in the repression of human rights defenders in Chad. While the ANS is not accused of crimes on the same scale as those committed by the DDS – responsible for the deaths of 40,000 people between 1982 and 1990 – the two agencies share a mandate, structure and methods that facilitate the continued commission of human rights violations. The mandate provided to the ANS is both vague and far reaching, focusing on “subversion and destabilization directed against the vital interests of the state and the nation” but also “any mission with which the political authority may entrust it.” The broad powers and mandate provided to the ANS have allowed it to repress government critics. The mandate of the ANS lacks the limitations and safeguards recommended by the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. The ANS’s powers increased in January 2017. It was given legal powers to “arrest and detain suspects for purposes of investigation, where they represent a real or potential threat, in accordance with the laws of the Republic.” Even without these new powers, the ANS had for years already been illegally arresting people and detaining them in unofficial detention facilities, holding people without charge long beyond the legal limits and without providing access to families and lawyers.  Although Article 243 of the Chadian criminal procedure code states that “preventive detention must be carried out in a prison” and that custody periods must be carried out at the judicial police or gendarmerie brigades, people arrested by the ANS are instead typically detained in ANS facilities.  Senior state officials interviewed by Amnesty International refused to comment on the legality of ANS detention centres, describing it as “classified information.” The founding decree of the ANS underlines that the agency is also “subordinated” to the Presidency, who has authority over ANS’ missions, organization and attributions. The ANS has nearly complete impunity for human rights violations committed its custody.

Surveillance and online censorship

Chadian authorities use surveillance methods to follow the activities of human rights defenders without providing the protections required by regional and international standards. Some HRDs and journalists described how, after being arrested, ANS agents and the judicial police told them that they had listened to their calls and showed them a record of their phone conversations and SMS messages. Sources within private telecommunication companies in Chad confirmed the practices of phone tapping and monitoring calls, saying that the authorities justify it for national security reasons. To date, there is no law requiring judicial oversight for any surveillance activities. Further, the N’Djamena Public Prosecutor confirmed that he has never delivered a legal authorization for surveillance to any institution or individual. In response to these surveillance tactics, human rights defenders increasingly use social media sites and messaging services such as Facebook, WhatsApp and Viber to share information and communicate. Throughout much of 2016, from before the Presidential election in April until the end of the year, the Chadian authorities restricted access to social media platforms and messaging services including Facebook and WhatsApp. Since mid-March 2018, access to some social media has been restricted.  E.g., Mahadine Babouri was a Chadian online activist, a blogger who was arrested on September 30, 2016 and held for three days at a facility run by the National Security Agency (Agence National de Sécurité, ANS), where he was denied visits from his family or lawyer. He was tortured, beaten up and subjected to electric shocks. He was then held in several facilities including the prison in Moussoro, from which he was transferred to Amsinene prison in Ndjamena on February 21, 2018. Mahadine was originally charged with undermining the constitutional order, threatening territorial integrity and national security, and collaborating with an insurrectional movement. If convicted he could have faced life imprisonment. Mahadine was one of 10 prisoners of conscience highlighted as part of Amnesty International’s annual Write for Rights campaign in 2017. Over 690,000 actions were taken from people across the globe for his immediate release. They also called, pending his release, for his transfer to the Amsinene prison to be closer to his family. Mahadine is one of dozens of human rights defenders, civil society activists and journalists in Chad who have been arbitrarily arrested in recent years for criticizing the government. On 30 December 2021, Baradine Berdei Targuio was arrested on 24 January 2020 and spent about 17 months in arbitrary detention; the first seven incommunicado. Two days before his arrest, he posted on Facebook about the President’s alleged poor health and expressed concern for the human rights situation in the Tibesti region in Chad. On 18 September 2021, he was sentenced to three years in prison for breach of the constitutional order. On 10 June 2021, he was provisionally released from detention with restrictions to his movements and right to freely speak.