RE-ARRESTED: AMCIT ACCUSED OF TREASON

C O N F I D E N T I A L SECTION 01 OF 03 FREETOWN 000409 SIPDIS SIPDIS DEPT FOR CA/OCS/ACS/AF:LHOOVER; AF/FO, AF/W, AF/RSA USUN FOR A. HILLMAN E.O. 12958: DECL: 05/23/2016 TAGS: CASC PINS KCRM PREL PHUM KDEM KAWC SL SUBJECT: RE-ARRESTED: AMCIT ACCUSED OF TREASON REF: FREETOWN 390 Classified By: Charge d'Affairs James A. Stewart -------------- Summary -------------- ¶1. (C) On May 16, one day after a magistrate judge released American Citizen Michael Chemidlin and three Sierra Leoneans held on charges of conspiracy and treason for taking photographs of the Special Court for Sierra Leone, police re-arrested Chemidlin and two of the three Sierra Leoneans. The men are accused of conspiracy, the only one of the three original charges the magistrate judge did not dismiss out of hand. The Government sent the case to a different court, clearly signaling that it wants the case to go forward, but the conspiracy charge itself is a hazy one. If the Government gets its way, the preliminary investigation will proceed. Investigations here frequently last for months, and this one could go to the High Court for trial, which could drag it out even longer. Chemidlin,s case is making local (and international) news, but local public opinion has not yet condemned him. This could change in the near future given the prosecution,s assertion, echoed in some local press, that Chemidlin,s actions were part of a "terrorist plot" to free Charles Taylor. While it is still too early to say for certain, it appears that the Government will indeed get its wish for a long, drawn out preliminary investigation. In the mean time, Chemidlin will have to bide his time at Pademba Road Prison, known for its overcrowding, unhygienic conditions, lack of access to food, and insufficient medical attention. End Summary. -------------- Chemidlin Re-Arrested -------------- ¶2. (SBU) On May 16, one day after Magistrate Judge Adrian Fisher released American Citizen Michael Chemidlin and three Sierra Leoneans held on charges of conspiracy and treason, police re-arrested Chemidlin and two of the three Sierra Leoneans when they returned to CID headquarters to retrieve their personal effects. -------------- Conspiracy to Do What? -------------- ¶3. (U) Chemidlin and his associates, Collins Kamara and Felix Rogers, are now shuttled between Freetown's Pademba Road Maximum Security Prison and Magistrate Court Number 1 to face one charge - "conspiracy to engage in a purpose prejudicial to the interests of Sierra Leone contrary to the law." ¶4. (U) The conspiracy charge is the only one of the original three that Fisher did not strike down, and the Government is within its rights to re-charge the accused. (Note: The Criminal Procedures Act of 1965 states that even "if a magistrate judge considers that the evidence against the accused is not sufficient to put him at his trial... such discharge shall not be a bar to any subsequent charge in respect of the same facts." End Note.) ¶5. (SBU) It is clear that the Government wants Chemidlin,s case to go forward and the prosecution believes Magistrate Judge Samuel Margai is the man for the job: our Embassy attorney advised that even on the day of the first hearing, the government tried to transfer Chemidlin,s file from Fisher,s court to Margai,s court. Fisher did not go along, and later discharged the case. Whether Margai will do the same remains to be seen; however, he refused a May 19 request for bail. ¶6. (SBU) The conspiracy charge is hazy. Prosecutors clearly intend the conspiracy to refer to spying, which is punishable under the Treason and State Offenses Act, but included no reference to spying or to the Act in the charges. Section 6 of the Act provides punishment up to 15 years for a person who: "(a) enters, approaches, inspects, passes over or is in the neighborhood of, any prohibited place; or (b) makes any sketch, plan, model or note which is calculated or might be or is intended to be directly or indirectly useful to any enemy; or (c) obtains, collects, records or publishes or communicates to any other person any secret official code word, or pass word or any sketch, plan, model, article, or FREETOWN 00000409 002.2 OF 003 note or other document or information which is calculated to be, or might be or is intended to be directly or indirectly useful to an enemy." ¶7. (SBU) Prosecutors originally charged Chemidlin with section 6(b) of the Act, which Fisher dismissed because he ruled that the Special Court for Sierra Leone - the facility that Chemidlin photographed - is not a "prohibited place." (Comment: Fisher's judgement was in apparent disregard of the "or" clauses between the subparagraphs of Section 6. End Comment). -------------- Preliminary Investigation: Could Take Months -------------- ¶8. (U) Chemidlin,s attorney spent two days in court voicing his objections to the conspiracy charge. Once Margai has heard the prosecution,s rebuttal to the defense objections, he will rule on whether the case should proceed to the preliminary investigation (PI) stage. PI,s, which also take place in the magistrate courts, involve the presentation of evidence and the calling of witnesses and can take months. Once the PI is complete, the judge decides whether to refer the case to the High Court for trial based on the nature of the charges, where the presentation of evidence and witnesses starts all over again. Meanwhile, Chemidlin and the others remain in custody at Pademba Road, a facility built for 324 that reportedly houses over 900 and is known for its unhygienic conditions, lack of access to food, and insufficient medical attention. ¶9. (SBU) The Treason and State Offenses Act does not appear to require a high standard of proof in order to convict someone suspected of spying. The prosecution may not even have to prove that Chemidlin knew what he was doing at the time. Chemidlin could be convicted if, "from the circumstances of the case...it appears that his purpose was a purpose prejudicial to the safety or interests of the state" (Treason and State Offenses Act, para 6(2)). ¶10. (SBU) While the Attorney General can submit an application for a PI to be transferred to the High Court before it is complete (a "136 procedure"),the Embassy,s attorney understands that the Government has no intention to do so in Chemidlin,s case. -------------- News Echoes Prosecutor Claims of Terrorism -------------- ¶11. (U) On May 22, Chemidlin,s case was front-page news in three local newspapers. All three echoed the prosecutor,s comments made when he was objecting to the defense,s application for bail. The prosecutor called Chemidlin a terrorist. The accused only came to Sierra Leone after Charles Taylor,s arrival, he said, so was there not an attempt to break Taylor out of detention? Resulting headlines were: "American Plans Terrorist Tactic to Free Charles Taylor" - Awareness Times (pro-government daily); "American Citizen Described as Terrorist Rescuer" - Sierra News (pro-government daily); and "The American Alleged Spy is a Terrorist - State Counsel" - Awoko (independent daily). International wires continue to keep tabs on the case as well, although resulting headlines predictably were less provocative. -------------- Comment -------------- ¶12. (C) It is difficult to foresee how the case will go forward, given the logic of the first judge,s dismissal. However, it appears clear that high-level Government officials (at least at the Attorney General level if not higher) want to see Chemidlin,s case dragged out in court. They certainly have the law - and probably a sympathetic magistrate - on their side. The bar to conviction is low if all the State has to prove is the appearance of a purpose prejudicial to the state. Ordinary Sierra Leoneans have not yet condemned Chemidlin, as the most frequent comment heard is that the Court should post signs around the Special Court,s walls saying "photography prohibited." The Special Court has not taken a public position on the issue, leaving matters to the local authorities, as should be the case. As the investigation proceeds, however, the prosecution,s FREETOWN 00000409 003 OF 003 assertion that Chemidlin,s activity was part of a plot to spring ex-President of Liberia and Special Court indictee Charles Taylor from detention may gain traction. End Comment. STEWART