SECK CASE: DOES WADE NOW FEAR A TRIAL?

C O N F I D E N T I A L SECTION 01 OF 02 DAKAR 000181

SIPDIS

SIPDIS

STATE FOR AF/W, AF/RSA, DRL/PHD AND INR/AA
PARIS FOR POL - D'ELIA

E.O. 12958: DECL: 01/25/2016
TAGS: PHUM PGOV KDEM KJUS SG
SUBJECT: SECK CASE: DOES WADE NOW FEAR A TRIAL?

REF: A. DAKAR 0081


B. 05 DAKAR 2509

Classified By: CDA ROBERT P. JACKSON FOR REASONS 1.4 (B) AND (D).

SUMMARY
--------------

1. (C) Six months after his arrest, former Prime Minister
Idrissa Seck is still in pre-trial detention. However, on
January 24, the Government acted on a judge,s recommendation
to drop the most serious charge against Seck, that of being a
threat to national security. This could pave the way for his
release from prison, pending trial on the original
corruption/embezzlement of public funds charges and a more
recent charge of &irregular correspondence.8 Under
Senegalese law, he can remain in jail for as long as
investigators deem it necessary. All those charged with him
have benefited from conditional release. In the embezzlement
case, co-accused former Minister of Construction Salif Ba,
was detained in a local hospital until his provisional
release on January 18. Seck, meanwhile, is detained in
Dakar's main prison under more severe conditions. Many
sources close to the cases indicate the GOS has very slim
evidence against him, which prevents the staging of trials.
Wade's recent talks with Seck's closest ally and reports in
the press indicate he may be looking for a political
solution. Seck,s American attorney has told EmbOffs that
the government,s willingness to negotiate a sentence
highlights the judiciary,s lack of independence. END
SUMMARY.

LAST CO-ACCUSED RELEASED
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2. (U) In December, Coumba Ngouye Thiam, the police
inspector who was arrested and charged with complicity in the
Seck affair, was granted provisional release for medical
reasons. Thiam, it has been reported, suffers from severe
asthma. On January 20, all charges against her were dropped.
After businessman Hassan Fares and journalist Ndary Gueye
were granted conditional release in August 2005 and Inspector
Thiam in December, Seck remained the only defendant in jail.

DOUBLE STANDARDS
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3. (SBU) During one session in December, investigation
judges interrogated Seck for eight hours. Apparently,
however, they cannot yet establish his direct responsibility
in the Thies Public Works embezzlement case. In one of the
many paradoxes of the Seck case, Bara Tall, Director General
of the road company Jean Lefevre was interrogated by the
judge in relation to the case, but recently won a
multi-million dollar project to construct the first portion
of a 50-mile highway between Dakar and Thies.

ARGUMENTS DO NOT HOLD WATER
--------------

4. (C) Many claim that Senior Minister of Finance Abdoulaye
Diop and several high-ranking civil servants responsible for
approving GOS procurements bear more blame than Seck. The
charges filed against Seck are based on a resolution passed
in the National Assembly. One Accounting Court judge pointed
to flaws in the resolution to show that others should bear a
larger share of the blame. First, Seck is accused in the
resolution of authorizing procurements when he had no
authority to do so. According to the resolution, he
authorized certain procurements after procurement powers had
been transferred to the Minister of Finance. Close scrutiny
shows, however, the procedure used to transfer powers to the
Minister of Finance had not yet been completed when Seck made
these authorizations. Seck still held procurement power.
Thus, there was no basis to this first charge. The judge
wondered openly how such a glaring error could escape Seck's
lawyers.


5. (C) Second, the judge said the resolution improperly
accused Seck, as Prime Minister at the time, of being
responsible for the fact that companies selected to implement
the public works in Thies over-billed the GOS. Under West
African Economic and Monetary Union (WAEMU) laws and
regulations (which are binding on Senegal),Prime Ministers
are not responsible for public funds and budgetary issues.
Ministers of Finance are responsible. Therefore, if it is
true that companies over-billed the GOS, Seck, as Prime
Minister, would not have been responsible. The Minister of
Finance would have been at fault.

WADE CALLS FOR POLITICAL DIALOGUE
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6. (C) Two weeks ago, President Wade invited Pape Diouf,
former Cabinet Minister and close Seck ally to a meeting at

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the Presidential Palace, the first time Wade has openly
initiated dialogue with Seck's group. A deputy close to Seck
told PolOff that Wade made no commitment but showed openness
for dialogue. This past weekend, media reported that Wade
told Codel Kolbe he believed Seck was not guilty of being a
threat to state security (Ref A). The press also reported
that Wade delivered this same message to the PDS.


7. (C) Seck,s American attorney has told EmbOffs that the
Government,s willingness to negotiate a sentence highlights
the judiciary,s lack of independence.

COMMENT
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8. (C) Seck is still a dilemma for Wade, who cannot let the
court free him for lack of evidence without losing face. On
the other hand, prosecution might well give a platform to
Seck to unveil secrets that would undermine Wade's authority.
A political solution rubber-stamped by the court seems to be
Wade,s strategy. Seck has always indicated he has
"invested" in PDS, and his main goal, by all accounts,
remains using the PDS to conquer the presidency. Now, Seck's
concern is to keep his credibility intact after public
accusations of mismanagement. However, recent media reports
attributed to certain PDS leaders indicate that Seck would
never be allowed to return, much less, lead the party.
Recent constitutional changes, such as coupling the
legislative and presidential elections in February 2007 and
possible adoption of a first-pass-the-post system in the 2007
presidential elections, also increase pressure on Seck's camp
to carefully reconsider any temptation it may have for an
alliance with the opposition. END COMMENT.
JACKSON