C O N F I D E N T I A L SECTION 01 OF 03 PARIS 000952

SIPDIS

E.O. 12958: DECL: 02/14/2015
TAGS: PREL PGOV KDEM PINR TO FR
SUBJECT: TOGO: FRENCH SUPPORTERS OF EYADEMA INVOLVED IN
SUCCESSION ISSUE; FURTHER STATEMENTS BY MFA

REF: LOME 148

Classified By: Political Minister-Counselor Josiah Rosenblatt for reaso
ns 1.4 (b/d).


1. (C) SUMMARY: Reftel notes the current involvement of
two French figures in the succession controversy following
Togolese President Eyadema's death, Charles Debbasch and
Michel Scarbonchi. Both are well-known longtime supporters
and advisors of the former President, and both have had
recent legal problems involving charges of financial
improprieties. The MFA on February 11 and 14 made further
statements about the situation in Togo, the latter mentioning
Debbasch and stressing that his involvement in Togo was
strictly on a personal basis. END SUMMARY.


2. (C) Both French lawyer Charles Debbasch and former
French European Parliament Deputy Michel Scarbonchi have been
actively involved in Togo's affairs for a number of years,
Debbasch occupying a position of influence as an advisor to
former President Eyadema, and Scarbonchi described as the
Togo regime's "lobbyist" at the European Parliament. As
noted below, Debbasch has previously worked on succession
issues for the Eyadema regime, may be offering similar advice
to the new regime, and may/may have provided guidance when
the Constitution was "revised" shortly after Eyadema's death
to accommodate Faure Gnassingbe's accession to power. Based
on reftel and on a number of press reports surfacing since
Eyadema's death, both appear to want to maintain influence
with the new regime and evidently traveled to Togo in haste
after Eyadema's death. The following bio data provide
background on the two and may shed light on their activities
and motivations.


3. (U) CHARLES DEBBASCH: According to publicly available
bio data, Debbasch was born in Tunis in 1937 and has had a
long career as a lawyer. He teaches law at the University of
Law, Economy, and Political Science at Aix-Marseille, where
he has been honorary dean of the faculty of law and political
science since 1973, and honorary president since 1978. He
served as a technical counselor in the secretariat of the
French Presidency

from 1978-1981 (during Giscard d'Estaing's
presidency). He has taught and lectured at several other
institutions over the years. Debbasch is an editor and
advisor at "Jeune Afrique-l'Intelligent." He has also served
as the legal counselor of the President of Togo since 1993.
Debbasch has written numerous books and articles and has
received many awards and decorations.


4. (SBU) Debbasch had apparently worked earlier with
Eyadema on succession issues. In October 2003, he was
reportedly exploring ways to revise or devise an
interpretation of Togo's constitution that would allow
Eyadema's son to succeed him in the event of the president's
death or incapacity. At issue then was Article 65 of the
constitution, which is the same provision in question now
that Eyadema has died and his son has been named to succeed
him,


5. (SBU) Debbasch has had a number of legal problems that
some have attempted to link to his connections with Togo.
From 1981-1991, he was president of the Fondation Vasarely,
dedicated to the artist Victor Vasarely. In December 2002,
Debbasch stood trial after being accused by Vasarely's family
of "breach of trust," the family claiming that some 42
million FF (then worth about 5.75 million USD) was missing
from the foundation and that seven major paintings by
Vasarely had disappeared. Debbasch had succeeded in delaying
the trial for six years, but according to a December 2002
press report, would "have to give the judge of the . . .
court an explanation about the transfer of 2.3 million FF to
the Swiss bank account of a Panama-based company as well as
important deposits in cash made in the bank account of his
mistress, renovation works in his house, the financing of a
local radio station, travels to Hong Kong and salaries to
several secretaries all paid by the Foundation."


6. (SBU) Although apparently having succeeded in delaying
the trial, Debbasch attempted to quash it by pleading that
the case had gone on too long. This motion was rejected by
the European Court of Human Rights in December 2002, after
which his trial began. Debbasch was convicted in January
2003 and sentenced to three years, including one year of
mandatory prison time. However, press reports indicate that
in August 2004, the case was partially reversed on appeal,
including the prison sentence. The appellate court ruled
that Debbasch should be retried by another panel of judges.
The present status of the case is not clear. At the time of
the partial reversal, Debbasch continued to assert that he
was the victim of the Vasarely family's machinations and that
the family was guilty of whatever misdeeds took place.


7. (SBU) During the time of Debbasch's legal problems with
the Vasarely family, investigators reportedly discovered an
account in Luxembourg connected to Debbasch, which held 1.2
million Euros. This account was apparently opened in 1997,
when the investigation into the Vasarely case was beginning
to accelerate. A press report in Le Parisien (April 19,
2003) states that the Luxembourg account was transferred to
an associate of Debbasch in April 2002 and appeared to
contain sums representing "honoraria" paid to Debbasch by the
government of Togo along with possible funds connected to the
Vasarely affair.


8. (U) Le Figaro reports that Debbasch arrived in Lome on
Sunday, February 13, apparently to advise Faure Gnassingbe.
Le Figaro noted that he arrived on Sunday even though Togo's
borders were officially closed, which "indicated the
importance of Charles Debbasch to the presidential entourage."


9. (U) MICHEL SCARBONCHI: Scarbonchi, until recently a
French Deputy of Corsican origin to the European Parliament,
is also a long-standing supporter of the Eyadema regime.
Scarbonchi represented the Paris suburb of St. Germain en
Laye at the Parliament. One Togo-related media source
(ufctogo.com) described him as "a lobbyist of Eyadema at the
European Parliament" but claimed that he had little
influence. Then-Deputy Scarbonchi in October 2003 called for
the EU to resume without delay its cooperation with Togo. He
stated then that "in order to have democracy, a country must
live normally. But with the EU sanctions, this country is
impoverished and the people are made hungry. We should no
longer practice this type of policy, which is shown to have
its limits."


10. (SBU) Scarbonchi too has had his legal problems. In
May 2003, when he was still a European Parliament Deputy,
Scarbonchi was investigated for financial improprieties
allegedly involving local VAT funds. There is no indication,
however, that further legal proceedings against him took
place regarding this matter.


11. (U) MFA ON TOGO (February 11) (informal Embassy
translation):

BEGIN TEXT:

-- After the death of President Eyadema, France affirmed the
need to maintain respect for the law. France expressed its
concern in this regard by recalling the importance it places
on the rapid organization of free and democratic elections,
in order to bring to an end the transition that has thus been
opened.

-- France also signaled the need to pursue the process of
democratization, initiated under the aegis of President
Eyadema, within the framework of dialogue between Togo and
the European Union.

-- In this context, we support the position of ECOWAS and
the decision at the special summit at Niamey, to send to
Lome, this very day, a high-level delegation. France will
take into account with great attention the recommendations
that will be made by the Chiefs of State of the West African
countries who have received their mandate from ECOWAS for
their trip to Lome.

-- QUESTION: Just one question on Togo How would you
qualify the status of the present government? You say a
transition has been opened but so long as no elections have
been organized, no free and transparent elections, it is
beyond legality, beyond the law of any sort?

-- ANSWER: It's not for me to qualify this juridically.
What is clear is that one must maintain respect for legality
and that, effectively, one must rapidly organize free and
democratic elections. I cannot say anything more, but you
will have all the same observed the text of the declaration
yesterday of the European Union on this subject, which,
clearly, involves also France.

END TEXT.


12. (U) MFA ON TOGO (February 14) (informal Embassy
translation):

BEGIN TEXT:

-- QUESTION: Can you restate France's position regarding
Togo? What is the role of Professor Debbasch?

-- ANSWER: I will restate for you France's position,
already expressed several times by the Presidency of the
Republic and the Quai d'Orsay.

-- Holding presidential and legislative elections that are
free and democratic, within the shortest time-frame, is the
only way to allow a return to the path of legality.

-- ECOWAS, whose position we support fully, is today seized
with this difficult issue. It is ECOWAS's responsibility to
define the precise modalities for the process of overcoming
the crisis.

-- As for Mr. Debbasch, this involves a professor of law, of
French nationality, who represents only himself and who is in
Togo in a personal capacity.

-- QUESTION: Does France envision sanctions against the new
regime in Togo, after the condemnations expressed in Paris
and by ECOWAS, notably denouncing the illegality of the
succession following President Eyadema's death?

-- ANSWER: As I just said, we fully support the positions
of ECOWAS.

END TEXT.


13. (U) Abidjan minimize considered.
Leach