Identifier
Created
Classification
Origin
06FREETOWN409
2006-05-24 10:07:00
CONFIDENTIAL
Embassy Freetown
Cable title:  

RE-ARRESTED: AMCIT ACCUSED OF TREASON

Tags:  CASC PINS KCRM PREL PHUM KDEM KAWC SL 
pdf how-to read a cable
VZCZCXRO5528
PP RUEHPA
DE RUEHFN #0409/01 1441007
ZNY CCCCC ZZH
P 241007Z MAY 06
FM AMEMBASSY FREETOWN
TO RUEHC/SECSTATE WASHDC PRIORITY 9816
INFO RUEHZK/ECOWAS COLLECTIVE PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0143
RUCNFB/FBI WASHDC PRIORITY
RHEFDIA/DIA WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
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
-------

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