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