Identifier
Created
Classification
Origin
07PARIS3147
2007-07-23 15:52:00
CONFIDENTIAL
Embassy Paris
Cable title:  

DJIBOUTI AND RWANDA: LEGAL ISSUES CONTINUE TO

Tags:  PREL PGOV ICJ RW DJ FR 
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VZCZCXRO0083
RR RUEHRN RUEHROV
DE RUEHFR #3147/01 2041552
ZNY CCCCC ZZH
R 231552Z JUL 07
FM AMEMBASSY PARIS
TO RUEHC/SECSTATE WASHDC 9093
INFO RUCNIAD/IGAD COLLECTIVE
RUEHXR/RWANDA COLLECTIVE
RUEHBS/AMEMBASSY BRUSSELS 6403
RUEHTC/AMEMBASSY THE HAGUE 2835
RUCNDT/USMISSION USUN NEW YORK 1300
C O N F I D E N T I A L SECTION 01 OF 03 PARIS 003147 

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/20/2017
TAGS: PREL PGOV ICJ RW DJ FR
SUBJECT: DJIBOUTI AND RWANDA: LEGAL ISSUES CONTINUE TO
CLOUD RELATIONS

REF: A. PARIS 1785


B. DJIBOUTI 778

Classified By: Political Minister-Counselor Josiah Rosenblatt, 1.4 (b/d
).

C O N F I D E N T I A L SECTION 01 OF 03 PARIS 003147

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/20/2017
TAGS: PREL PGOV ICJ RW DJ FR
SUBJECT: DJIBOUTI AND RWANDA: LEGAL ISSUES CONTINUE TO
CLOUD RELATIONS

REF: A. PARIS 1785


B. DJIBOUTI 778

Classified By: Political Minister-Counselor Josiah Rosenblatt, 1.4 (b/d
).


1. (C) SUMMARY: MFA DAS-equivalent Helene Le Gal on June
19 said that legal issues concerning the death of French
magistrate Bernard Borrel continued to aggravate relations
with Djibouti. Le Gal confided that she was beginning to
believe that Borrel's death may have been the result of foul
play (as opposed to suicide) and that parties other than the
Djiboutian government (i.e., members of the French expat
community) may have been responsible. She reported that
there had been no movement to restore relations by the
Rwandans (the ball being in their court, in GOF eyes). Le
Gal said that Rwanda had formally requested the extradition
of Isaac Kamali, accused of crimes committed during the 1994
genocide. Kamali remained in French custody, with the
extradition request now pending before a French judge. Le
Gal did not know whether Kamali's extradition, should it
occur, would lead to an improvement in France-Rwanda
relations, which remain completely severed. The French on
July 20 arrested two other Rwandans wanted by the ICTR; they
remain in custody as their cases are being processed. END
SUMMARY.


2. (C) Helene Le Gal, MFA DAS-equivalent for East and
Central Africa, met with Deputy NIO for Africa Eric Silla and
INR/AA Bernadette Graves on July 19. Among a number of
topics, Le Gal provided an update on France's relations with
Djibouti and Rwanda.

DJIBOUTI
--------------

3. (C) BACKGROUND: As reported reftels and in numerous
Paris Points (available at Embassy Paris's SIPRNET site,
http://199.56.188.37/search?search=djibouti&s ources=PARIS),
the case of French magistrate Bernard Borrel's death in
Djibouti in 1995 continues to fester, an irritant to both
France and Djibouti, with potentially damaging consequences
should on-going investigations reveal that he died as a
result of criminal behavior, especially if involvement by the
Government of Djibouti or its officials can be demonstrated.



4. (C) BACKGROUND CONT'D: Mrs. Borrel has been diligent
through the years in attempting to overturn the "official"
determination of suicide, without, until recently, succeeding
in changing the GOF's view that her husband had committed
suicide, although she drew significant media attention and
elicited public sympathy. However, the case began taking a
new direction when Sarkozy's administration took power in
May. Soon thereafter, Sarkozy met with and expressed
sympathy toward Mrs. Borrel, with French prosecutorial
authorities stating the day of the Sarkozy-Borrel meeting
that the evidence showed that Mr. Borrel had been murdered.
This was a change in France's "official" position that the
case was a suicide and that efforts to prove otherwise were
senseless.


5. (C) BACKGROUND CONT'D: A number of lawsuits continue to
be litigated, among them Mrs. Borrel's attempt to reverse the
finding of suicide (with Investigative Judge Sophie Clement
conducting the investigation),and Mrs. Borrel's suit against
the MFA and other parties for allegedly trying improperly to
pressure Clement when an MFA spokesperson (Herve Ladsous,
present Ambassador to China) publicly "promised" to give
Clement's case files to Djibouti (which Clement refused to
do) and to otherwise cover up the circumstances of Borrel's
death. Unable to obtain Clement's files, the Djiboutians
brought suit at the ICJ to obtain the files. All of these
cases remain active. Pursuant to the local cases, the MFA,
MOD, MOJ, and certain personal residences, including the
Paris and country homes of Michel de Bonnecorse, former
Africa Counselor to President Chirac, were searched during
the past few weeks for documents pertaining to Borrel's death
and any subsequent cover-up, with a quantity of documents
seized. The French Presidency refused to allow searches of
the Presidency's offices to take place, claiming executive
privilege. Some of the documents reportedly raised questions
about the original finding of suicide. Clement has issued
warrants against several Djiboutians for alleged involvement
in Borrel's death and subpoenaed Djibouti President Guelleh,
among others, to testify as witnesses, which Guelleh has not
honored, citing immunity from process as chief of state.
Djiboutian officials have consistently claimed that Borrel
killed himself, citing several earlier GOF "official"
findings that such was the case.

PARIS 00003147 002 OF 003




6. (C) BACKGROUND CONT'D: Investigative Judge Clement has
recently held hearings that have included the testimony of a
French military officer (Loic Lucas) who served in Djibouti
when Borrel died. (See July 19 Paris Points.) Lucas
reportedly told Clement that there were rumors that Borrel
was investigating "trafficking" involving Guelleh (who had
not yet become president),although Lucas reportedly offered
no concrete evidence. Lucas stated his belief that Borrel
was murdered, but reportedly told Clement that he did not
believe the Djiboutian government, Guelleh, or other
Djiboutian officials were involved. Lucas said that the
killing bore the marks of a mafia-style Corsican hit, and
that the French expatriate community in Djibouti, some of
whom were involved in nefarious activities, could have had
Borrel killed. END BACKGROUND.


7. (C) MFA DAS-equivalent Le Gal, at the July 19 meeting
with Deputy NIO Silla, noted that the most recent GOF
declaration of "murder" was in fact the fourth judicial
declaration since 1995, each by a different judicial
authority. Earlier determinations had included findings of
suicide. Le Gal said that the most recent "finding" was
therefore not necessarily dispositive, especially since
Clement's investigations and the other lawsuits had not run
their course. That said, Le Gal confided that the
accumulation of evidence was beginning to persuade her that
perhaps Lucas was correct, that Borrel had stumbled upon
criminal activity not connected to Djiboutian authorities and
was killed as a result. She added that she would not be
surprised if Lucas's comment that the killing was an entirely
"franco-francais" affair turned out to be correct. (COMMENT:
This is the first time to our knowledge that a GOF official
not associated with the French judiciary has conceded, even
in private discussion, that perhaps Borrel had been murdered.
END COMMENT.)


8. (C) Le Gal said that France and Djibouti continued to
try to conduct business as usual, with both sides eager to
minimize the effect of the Borrel case on shared long-term
interests. She noted a recent favorable press report on good
cooperation concerning France's military base in Djibouti,
for example. The case nonetheless was a regular intrusion
creating friction, and Le Gal expressed concern about
possible adverse effects if the investigations and lawsuits
demonstrate convincingly that Borrel was murdered and if the
identity of his killers is determined. She noted that the
Djiboutians had developed a better understanding of the
French judiciary's independence but remained frustrated that
the GOF could not simply "order a stop" to the investigations.


9. (C) COMMENT: France places great value on its military
installation in Djibouti, which presently numbers about 2,818
French military personnel and which will continue to serve as
one of France's military hubs in Africa. Maintaining
sufficiently good relations with the Djiboutian government,
and thus continued base rights and privileges, is a high
priority for France. The Borrel case could jeopardize this
arrangement, which is why the MFA and Presidency remain
concerned about it. French officials are anxious as well
about the fierce independence Judge Clement and the judiciary
have displayed and about the conclusions the investigations
and lawsuits may yield in terms of how Borrel died. END
COMMENT.

RWANDA
--------------

10. (C) Le Gal was downbeat about Rwanda, as she had been
in May (ref A). She said that France would be receptive to
any outreach from Rwanda but that there had been none since
the formal severance of relations in November 2006. Neither
side had any official connection or presence and all official
activities had ceased. She indicated that it was incumbent
on Rwanda to make the first overture because Rwanda had
severed relations. Le Gal noted, however, that the GOF was
trying to indicate its willingness to improve relations. She
said that the GOF had responded positively in the case of
Isaac Kamali, wanted for crimes related to the 1994 genocide
and taken into custody by the GOF after his expulsion from
the U.S. She commented on the quick and rapid cooperation
all sides had shown in response to Kamali's appearance in the
U.S.


11. (C) The only recent official contact between France and
Rwanda occurred when Rwanda formally requested that France
extradite Kamali to Rwanda. Here again, Le Gal said with a
tone of regret, the French judiciary would play a large role.
A French court was considering the extradition request and

PARIS 00003147 003 OF 003


Kamali's efforts to resist it. Le Gal could not predict the
outcome of this process, stressing again the judiciary's
independence. The uncertainty about what the court would do
prevented France from exploiting with Rwanda its "positive"
handling of the Kamali case. His extradition to Rwanda would
likely (but not certainly) ease relations. Le Gal said that
the result of any judgment quashing the extradition request
would be bad for relations "but not that bad, since relations
are already non-existent."


12. (C) Le Gal said that Belgium continued to watch over
French interests in Rwanda but that this arrangement was not
entirely satisfactory for the GOF. Although well intentioned
and generally reliable, such protecting powers "often had
their own agendas," Le Gal commented, with obvious reference
to Belgium. Even if the Kamali case were not a factor, Le
Gal indicated, it was not clear what either side could to do
improve relations (and still maintain face),or whether
Rwanda even had any interest in doing so.


13. (U) NOTE: The MFA announced on July 23 that French
authorities had taken into custody on July 20 two other
Rwandans (P. Wenceslas Munyeshyaka and Laurent Bucyibaruta)
wanted by the ICTR. The MFA spokesperson said on July 23
that "after the taking of M. Kamali into custody a few weeks
ago, these new arrests demonstrate the willingness of French
authorities to cooperate fully with the ICTR. . . .
Concerning the handling of these cases, the judicial process
must now run its course . . . ." END NOTE.


Please visit Paris' Classified Website at:
http://www.state.sgov.gov/p/eur/paris/index.c fm


STAPLETON