VICE-PRESIDENT'S TREASON CASE: NO END IN SIGHT

UNCLAS SECTION 01 OF 02 LILONGWE 001095 SIPDIS SIPDIS SENSITIVE STATE FOR AF/S MATHUR, INR/AA BYRNES E.O. 12958: N/A TAGS: PGOV KDEM MI SUBJECT: VICE-PRESIDENT'S TREASON CASE: NO END IN SIGHT LILONGWE 00001095 001.2 OF 002 ¶1. (SBU) Summary: Eight months after his arrest for allegedly conspiring to assassinate President Mutharika, Vice President Cassim Chilumpha still awaits the start of his trial. The GOM has only allowed the defense limited access to evidence, and the very long delays in the case have provoked little public concern. The government's handling of the case looks increasingly political, and calls into question the president's commitment to due process and the role of the vice president in Malawi's democracy. End summary. Justice at a Snail's Pace -------------- ¶2. (U) From the outset of this case in May 2006, the GOM has repeatedly delayed presenting the evidence against Chilumpha, leading to widespread speculation that the case is weak and the charges politically motivated. The government has ignored persistent calls from opposition, civil society and donors to present its case and proceed to trial. ¶3. (U) The case was also delayed by Chilumpha's claim of immunity from prosecution under constitutional provisions that provide immunity to the president but do not expressly protect the VP. Following his November 2005 arrest on corruption charges, Chilumpha filed a motion claiming immunity, and the courts took nearly a year to make a decision, ultimately denying the motion. ¶4. (U) Earlier this month, the GOM finally presented Chilumpha and his lawyers with the much-ballyhooed evidence of the alleged assassination plot. In a December 2 appearance for questioning, Chilumpha was played audio tapes supposed to be conversations between one of his co-defendants and a white South African whom Chilumpha is alleged to have hired (or to have acquiesced in a plot) to assassinate Mutharika. He was also shown written statements accusing him of involvement in the plot. Chilumpha's lawyers, who were only allowed examine the evidence at regional police headquarters and were not allowed to have copies, are claiming that the tapes have been manufactured and are inadmissible in court. The Forgotten Man -------------- ¶5. (SBU) Although the conditions of his detention have gradually eased since his arrest last May, Chilumpha is restricted in his movements and is closely monitored. Until last month he was under house arrest, confined to his Blantyre residence. In November a court ruled that he could move freely about the country but must ask the government's permission to leave Malawi. Chilumpha recently attempted to test the limits of his freedom, applying to the High Court for permission to travel to the UK for medical treatment. Government filed a motion to block the travel. ¶6. (SBU) Despite the gravity of the issue, most Malawians do not seem to consider the long-term detention of their vice president to be a major issue. Press coverage of the case is sporadic, and often several weeks pass with no mention of Chilumpha in the media. Chilumpha, a Muslim, has never been a popular politician in the mainstream, and his plight has earned little sympathy from the public. When Mutharika attempted to remove Chilumpha from office in early 2006 by claiming that the VP had neglected his duties, most Malawians supported the president, even though the move was blatantly contrary to the constitutional provisions for impeachment. It was widely believed that Chilumpha had done a poor job, did not merit such a high office, and should be fired, notwithstanding the constitutional requirement for impeachment by Parliament. ¶7. (SBU) Even Chiumpha's own United Democratic Front (UDF) party colleagues have largely abandoned him, with most remaining silent on the subject of his arrest. UDF Party Chairman and former President Bakili Muluzi last month called for Chilumpha's release, the first time the former President had spoken out on the issue since the arrest eight months ago. The motivations of the UDF leaders are seen as entirely selfish, since Muluzi and others are already lining up support for the party's presidential nomination in 2009. Most seem content to see Chilumpha, a potential competitor, remain under restrictions and out of the presidential race. This is all the more striking considering that Chilumpha is the highest-ranking UDF member currently holding public office. Big Gap at the Top -------------- ¶8. (SBU) As the Chilumpha treason case drags on past the halfway mark of Mutharika's first term, Malawi remains without a vice president. Long before the treason arrest, Chilumpha had ceased to function effectively as VP, because Mutharika did not trust him and strictly limited his authority. The rift between the two became public within the first nine months of the administration, when LILONGWE 00001095 002.2 OF 002 Mutharika quit the UDF in early 2005 and formed his new party. Chilumpha was the most prominent member of the cabinet to remain in the UDF, and he gave no hint of severing his ties with Muluzi. Some months later, in August 2005, Mutharika stripped Chilumpha of his ministerial portfolios and deliberately sidelined the VP. In November 2005 he was arrested on charges of corruption stemming from his role as minister in the previous Muluzi government, but the case was suspended pending a ruling on his immunity. Chilumpha stopped attending cabinet meetings and dropped out of public view, which led to Mutharika's accusation of dereliction in early 2006 and the attempted removal of Chilumpha through "constructive resignation." When the removal was declared unconstitutional, the GOM moved to humiliate Chilumpha publicly by drastically reducing the budget of the VP's office and stripping him of his household staff, vehicles, and security detail. With some difficulty, Chilumpha's attorneys obtained court orders to restore the staff and security. Finally, in May 2006, Chilumpha was arrested for conspiracy to assassinate the president. Comment: No Way to Run a Democracy -------------- ¶9. (SBU) As time passes, the GOM's delay in prosecuting the treason case makes it appear ever more likely that the case is just the latest (and most successful) attempt by Mutharika to render one of his nemeses inoperative. The government's hand is weak, and prosecutors are understandably reluctant to bring the case to trial. At the current pace, the case is likely to drag on for many more months, and as long as it continues, the vice president remains effectively sidelined. The delay suits different players for different reasons, but the end result is that Chilumpha is not getting his day in court and basic due process is not being observed. Ultimately, the interminable delay transforms Chilumpha's case from a legal/political issue to a matter of human rights. ¶10. (SBU) The absence of a functioning vice president creates a serious leadership gap and significant questions about presidential succession. It also calls into question Mutharika's attitude toward the role and office of the vice president, a disdain also evident in his attitude toward elected district councils, some aspects of Parliament's constitutional role, and several other institutions and business entities that do not follow his personal instructions. He clearly does not feel the need to have a VP, a further manifestation of the increasingly evident autocratic style Mutharika has displayed during his presidency. Perhaps the most remarkable aspect of Chilumpha's predicament is that almost no one in Malawi seems to care. In the personality-based politics of this country, Chilumpha's unpopularity and poor stature override any concerns about constitutional order. The case is yet another symptom of the chronic ailments of Malawi's weak, conflict-prone democracy. EASTHAM