OUTLOOK BLEAK FOR NEPTUNE

C O N F I D E N T I A L PORT AU PRINCE 002391 SIPDIS SOUTHCOM ALSO FOR POLAD WHA ALSO FOR USOAS E.O. 12958: DECL: 09/20/2015 TAGS: PGOV PHUM PREL HA SUBJECT: OUTLOOK BLEAK FOR NEPTUNE REF: PAP 2371 AND PREVIOUS Classified By: CDA Douglas Griffiths, REASONS 1.5(B) AND (D). ¶1. (C) During the September 20 Core Group meeting (septel), UN Human Rights Office head Thierry Fagart presented his analysis of the case against Neptune (NOTE: His facts were based on radio reports and his justice ministry contacts; he had yet to see the investigating judge's report analyzed by post in reftel. Poloff forwarded a copy of the report to Fagart on September 21. END NOTE). According to Fagart, the state prosecutor has five days to deliver written notification (acte d'accusation) of the formal charges to everyone implicated in the report. Fagart confirmed that Neptune and the 29 co-conspirators have 10 working days to file an appeal, commencing from the date each defendant received their notice. ¶2. (C) In previous conversations with emboffs, Neptune stated that he would not appeal any decision made against him, nor would he cooperate with the judicial process. If Neptune does not file an appeal he would not be able to request bail at any time before the trial, and the trial looks to be a long way off. If one defendant files an appeal, the judge would hold the case for everyone until the court of appeals made a decision. Depending on how many defendants file an appeal, the case could be held for 3 to 6 months, further prolonging Neptune's imprisonment. Fagart said Neptune resumed a total hunger strike upon receipt of the formal charges against him. ¶3. (C) For the remaining defendants, the judge could begin issuing arrest warrants for those who are not in jail currently after everyone has been notified. Those outside of the country would be tried in absentia. Fagart told poloff he didn't expect a resolution in this case until well into ¶2006. GRIFFITHS