Identifier
Created
Classification
Origin
08CONAKRY73
2008-01-28 14:34:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Conakry
Cable title:  

INTERIM PRESIDENT OF THE GUINEAN BAR SHARES

Tags:  PGOV PHUM KDEM ASEC GV 
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VZCZCXRO2900
PP RUEHMA RUEHPA
DE RUEHRY #0073/01 0281434
ZNR UUUUU ZZH
P 281434Z JAN 08
FM AMEMBASSY CONAKRY
TO RUEHC/SECSTATE WASHDC PRIORITY 2108
INFO RUEHZK/ECOWAS COLLECTIVE
RHMFISS/HQ USAFRICOM STUTTGART GE
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHINGTON DC
UNCLAS SECTION 01 OF 02 CONAKRY 000073 

SIPDIS

SIPDIS
SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PHUM KDEM ASEC GV
SUBJECT: INTERIM PRESIDENT OF THE GUINEAN BAR SHARES
INSIGHTS

REF: A. CONAKRY 0024


B. 07 CONAKRY 1361

UNCLAS SECTION 01 OF 02 CONAKRY 000073

SIPDIS

SIPDIS
SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PHUM KDEM ASEC GV
SUBJECT: INTERIM PRESIDENT OF THE GUINEAN BAR SHARES
INSIGHTS

REF: A. CONAKRY 0024


B. 07 CONAKRY 1361


1. (SBU) SUMMARY. The acting president of Guinea,s Bar
Association says the former president was dismissed because
he acted outside his authority. Elections for a new Bar
president are reportedly scheduled for March 11. With
respect to the legal system in general, contact,s insights
help illustrate the fundamental issues that continue to
challenge Guinea,s justice system: rampant corruption and a
general disregard for human rights. END COMMENT.

--------------
BAR PLANS TO ELECT NEW PRESIDENT
--------------


2. (SBU) Poloff met with Boubacar Barry, Acting President of
the Guinean Bar Association, on January 24. Earlier this
month, the previous president of the Bar, Boubacar Sow,
issued a controversial declaration in the midst of an
executive power struggle between the president and the prime
minister. Claiming to speak on behalf of the Guinean Bar,
Sow effectively reinforced the president,s powers and
undermined the legitimacy of the prime minister (reftel A).
Shortly thereafter, the Bar dismissed him and appointed
Boubacar Barry as interim president.


3. (SBU) Mr. Barry told Poloff that the Bar had asked him to
serve as interim president for a period of two months,
beginning January 15, for the express purpose of organizing
elections for a new president. He said that the elections
will be held on March 11.

--------------
FORMER PRESIDENT ACTED INAPPROPRIATELY
--------------


4. (SBU) With respect to the dismissal of the previous
president, Mr. Barry said that Mr. Sow effectively issued a
political declaration rather than a legal one. According to
Barry, the Bar is an independent organization and its bylaws
expressly forbid it from involving itself in politics. Barry
said that if Sow had made the declaration as a personal
statement, there would have been no problem, but because he
claimed to speak on behalf of the Bar, he violated the
principles of the organization.


5. (SBU) When asked why Mr. Sow made such a declaration, Mr.
Barry sighed and said you ask me a very difficult
question., After some thought, he said that the move was
completely out of character for Sow and that many members

were surprised. I have known him for years,, Mr. Barry
said, and it was really shocking to me that he would do
such a thing., According to Mr. Barry, Sow was well
respected as an objective interpreter of the law. Barry said
that there were a number of rumors circulating as to why Sow
may have issued the declaration, including allegations of
bribes in the form of cash and/or vehicles and possibly a
promised ministerial position, but that no one really knows
for sure why he did what he did.

--------------
200 LAWYERS FOR 10 MILLION CITIZENS
--------------


6. (SBU) In response to questions about the Bar in general,
Mr. Barry told Poloff that the organization has about 200
members, but that only about 150 of them are currently
practicing law, three of whom are women. He noted that most
of these lawyers are in the capital with about a dozen or so
living in the interior. Mr. Barry said that in reality,
Guinea,s economic challenges make it difficult for the
country to support more than a handful of lawyers. People
need to feed their families and many of them cannot do that
on a lawyer,s income,, he said. As far as case load, Mr.
Barry said that about 80 percent of cases involve property
law, about 10 percent business law, 2 percent civil, and the
remaining 8 percent includes administrative, criminal and
other types of law.

--------------
REFUSING TO WORK
--------------


7. (SBU) Poloff asked about the general lawyer,s strike the
Bar organized in 2007, which lasted from mid October to mid
December. According to Mr. Barry, Bar members agreed to

CONAKRY 00000073 002 OF 002


strike because one of their members was denied access to a
client at Conakry,s main prison. Mr. Barry said that a
police official not only denied access, but abused the lawyer
and then detained him for several hours. Bar members
reportedly decided to stop working until the Ministry of
Justice agreed to prosecute the police official. Mr. Barry
said that lawyers resumed work in December when a case
against the police official was introduced into the Supreme
Court.

--------------
PEOPLE ARE DETAINED ALL THE TIME
--------------


8. (SBU) In response to a question regarding a political
party member who has been reportedly detained in a
gendarmerie prison since December 15 (reftel B),Mr. Barry
said that he was not aware of the specifics of the case
although he had heard about it. He noted that this is not
really a special case, people are detained all the time...and
people involved in politics are taking risks., However, Mr.
Barry said that the person,s lawyer needs to inform the Bar
so that the organization can exert some pressure on the legal
system.

--------------
ETHICS VERSUS BASIC NEEDS
--------------


9. (SBU) According to Mr. Barry, the Ministry of Justice is
the weakest link in an already very weak chain. He noted
that adequate training of judges is an issue as well as a
basic lack of infrastructure. Turning to corruption, Mr.
Barry sighed with apparent frustration, saying the whole
thing is futile ) how can we teach ethics to people when
they don,t have the means to feed their families?, Barry
added that the prisons, which are under the administration of
the Ministry of Justice, are particularly deplorable.

--------------
COMMENT
--------------


10. (SBU) Mr. Barry,s attitude seemed to be one of resigned
frustration. He was clearly disturbed by former Bar
President Boubacar Sow,s declaration as he seemed to hold
the man in high regard, which may partially explain his
overall attitude. However, Mr. Barry,s insights help
illustrate the daily challenges posed by rampant corruption
and a general disregard for human rights, and sometimes even
for the law itself ) challenges that continue to undermine
effective administration of justice in Guinea. END COMMENT.
CARTER