This looks like an African spur thigh tortoise, also called a sulcata. The legs are a dead giveaway, in my opinion. They do not hibernate. In cold weather, which is not natural to this species, they will burrow deep underground, but in frigid weather, they can freeze to death. They need a warm enclosure with temps no lower than 80 degrees. In the photo you provided, his face is also that of this species. The color looks dark, and I assume it's just the photo. If I'm wrong about this, than I'm blind, but this is my best guess w/o another photo.