TFGV01: JUSTICE MINISTER SAYS INVESTIGATIONS INTO

C O N F I D E N T I A L SECTION 01 OF 02 CONAKRY 000188

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E.O. 12958: DECL: 02/16/2017
TAGS: PGOV PHUM ELAB PINS GV
SUBJECT: TFGV01: JUSTICE MINISTER SAYS INVESTIGATIONS INTO
KILLINGS UNDERWAY

REF: CONAKRY 179

Classified By: POLOFF JESSICA DAVIS BA, REASON 1.4 (b,d)


1. (SBU) Summary. On February 15, Minister of Justice
Alseny Rene Gomez briefed G-8 ambassadors on the status of
investigations into killings during the June 2006 and January
2007 general strikes. Minister Gomez and his associates
described a meticulous and tediously paced process that
includes a commission with participation by magistrates from
around the country, representatives from various ministries,
and union representatives. This commission does not
currently have authority to investigate actions during the
present state of siege. At present, the Ministry of Justice
can confirm only two security personnel in custody for
alleged killings, while there are unconfirmed reports of over
100 civilians under arrest for property damage. Gomez
assured the ambassadors that Guinea is committed to executing
an open and transparent process, welcoming international
technical and financial assistance to ensure justice. End
Summary.


2. (SBU) Minister of State for Foreign Affairs and
International Cooperation Mamady Conde organized a briefing
February 15 for G-8 ambassadors by Minister of Justice Gomez,
who reviewed the status of investigations into killing and
abuses during the June and January general strikes. The
invitation followed the ambassadors' demands during an
earlier meeting with Prime Minister Eugene Camara for
credible investigations into civilian deaths during the June
2006 and January 2007 general strikes and the current state
of siege. The U.S., British, German, and Spanish
ambassadors, as well as the EC head of delegation and the
acting U.N. representative were present.


3. (SBU) Assuring the group that he understood international
concerns, Gomez insisted that Guinea will no longer accept
human rights violations, noting that "we have the will to
search for the truth." Although he is not required to do so,
Gomez has invited Guineans outside the justice system to take
part in the inquiry. This inclusiveness will ensure it is an
open and transparent process, he said. Gomez said that he
has appointed experienced professionals within the Ministry
of Justice to take charge of the process. To avoid potential
obstacles, Gomez appointed a supervisory commission to manage
the inquiry, led by Mohammed Haidara, Inspector General of
the Judicial Service at the Minister of Justice.


4. (SBU) Haidara and Yves William Aboly, Prosecutor General
for the Appeals Court of Conakry, made detailed presentations
about the ministry's painstaking measures the ministry on the
investigation. The commission, which includes
representatives from the courts of first instance, judges,
and prosecutors from all regions, is organized according to
Guinea's standard procedures for investigations, with some
innovations. Aboly asserted they have "taken all
dispositions necessary for the process," evidenced by the
arrests of several persons who remain in custody pending
trial. Haidara assured the ambassadors that judgments would
take place only after the investigations are concluded, but
that judgments will definitely be made.

5. (SBU) The ministry has not waited for victim complaints
to open an investigation. It formally initiating the
investigation on June 13, 2006 immediately following the June
12 killings. Gomez drew lessons learned from the June
investigation and departed from the past by inviting outside
ministries and organizations to participate in the current
process, he said. The commission includes representatives
from the Ministries of Security, Defense, and Territorial
Administration and Decentralization. Gomez confirmed that he
invited the union coalition, the Guinean Human Rights
Organization (OGDH),and the Guinean Bar Association to take
part. Gomez said that the unions designated two individuals
and they have taken part in two meetings of the Commission.
Gomez said that he has not yet received a reply from OGDH and
that the Bar Association declined. Gomez emphasized that he
could not force their participation.


6. (SBU) Gomez clarified that, in addition to the June
events, the Commission is targeting January 10-27.
Ambassador McDonald asked about the Minister of Justice's
authority to investigate actions during the state of siege in
place since February 12. Gomez first responded that since
their last meeting on February 9, the investigators have not
been able to do their work due to restrictions on movement.
When the Ambassador asked more pointedly, Gomez responded,

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"We will not accept impunity", but said that since we are
outside of the normal operating context, he would have to go
back and look to see about extending the commission's mandate.


7. (SBU) The Ambassador emphasized that credibility can only
be assured if persons who are responsible for killings,
rapes, beatings, and other human rights violations are held
responsible. Gomez claimed that military officers have been
arrested but their cases remain with the gendarmes. He
expected the cases to be transferred to Conakry for judgment
in the next civilian court session. Gomez said the ministry
plans to go after all criminals, including those who are
responsible for the destruction of public property as well as
the private property of government officials. Gomez said
that if he were to re-deploy the commission to cover the
state of siege period as well, he would have to include new
prefectures and additional investigators -- all of which
"will take more time and be more difficult."


8. (SBU) The German ambassador encouraged the ministers to
publish a status report on the investigations to inform the
public that they are in fact doing something. The ministers
agreed to release information, admitting that the population
has no knowledge of their efforts and their commitment to
bring perpetrators to justice. The German ambassador
implored the ministers to accept international offers of
assistance, questioning whether the government currently has
the human and financial resources to sustain an investigation
of this magnitude. Minister Conde responded that Guinea has
already accepted assistance from the High Commissioner for
Human Rights who is sending a specialist from Geneva and a
special regional representative to conduct an international
evaluation of the process. "We are not closed to material
and financial assistance," he concluded.


9. (C) Gomez said that 443 persons were arrested during the
January general strike, but almost all of these detainees
were released in connection with the January 27 tripartite
agreement. The five who remain in prison are charged with
burning vehicles. Gomez said the investigation into their
cases is ongoing and that he has an obligation to judge them
based on evidence of their criminal actions. In a subsequent
conversation with Poloff, Haidara confirmed that there have
been other arrests in connection with January, but he had no
idea how many persons are being held. He was not aware of
any security personnel arrested in connection with killings
but that it is the work of the commission to learn the
situation in all regions. (Note: We have unconfirmed reports
of at least 100 persons arrested in various cities in
connection with property damaged in January. There are also
reports that the government has initiated targeted operations
to round up additional persons in Conakry and upcountry.)



10. (SBU) The ministers asked the ambassadors to help them
address the concerns of the international community over
perceptions of impunity, arguing that this investigation
demonstrated concrete corrective measures to correct this
assumption.


11. (C) COMMENT. The process may be meticulous but it is
also slow and not transparent to the public. As usual, the
information was shared only in response to ambassadorial
demands, and only with a limited few. While Gomez invited
the participation of outside actors, it is clear that he does
not intend to have a "political" investigation akin to a
truth and reconciliation process requested by many. At
present, there is no clear mandate to ensure that actions
since February 12 and the declaration of martial law,
particularly by military, will be punished. It is also
important to note that there are more civilians arrested for
property destruction during the strike than military or other
security personnel for killings and other human rights
abuses. The process as described is not totally flawed, but
it does not constitute a credible investigation into the
violence perpetrated by state actors during the strikes or
state of siege.

MCDONALD