"December 8" murder Trial Resumes and Recesses Again

UNCLAS SECTION 01 OF 02 PARAMARIBO 000005

SIPDIS

SENSITIVE
SIPDIS

STATE FOR WHA/CAR J.ROSHOLT, K.WILLIAMS; WHA/USOAS R.MANZANARES;
INR/IAA R.CARHART
SOUTHCOM FOR POLAD; EMBASSIES FOR POLOFF

E.O. 12958: N/A
TAGS: ASEC PGOV MARR PREL NS
SUBJECT: "December 8" murder Trial Resumes and Recesses Again

REF: Paramaribo 638


1. (U) SUMMARY: Court proceedings resumed in the trial of former
military strongman Desi Bouterse and 24 co-defendants on Monday,
December 17. The Court Martial rejected arguments raised by
Bouterse's attorney Erwin Kanhai during the November 30 opening
session of the Court where Kanhai argued that the court did not have
authority or jurisdiction over the case. Kanhai and other defense
attorneys presented new motions to the Court during the December 17
session. The Court will react to these new objections in its next
session scheduled for January 28, 2008.

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DECEMBER 8, 1982 MURDER TRIAL - ROUND 2
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2. (U) On December 17, the trial of Desi Bouterse and 24
co-defendants for the December 8, 1982 murders of 15 members of the
political opposition resumed at the special court facility at the
naval base in Boxel, approximately 15 miles south of Paramaribo.
Only 9 of the defendants appeared (two less than at the November 30
opening session of the Court),with Bouterse and 15 other defendants
again choosing not to attend, despite having received summonses to
appear at the trial. The session lasted just under four hours,
including two short recesses.


3. (U) The Court rejected a motion introduced during the November
30 initial session of the Court by Bouterse's lawyer, Erwin Kanhai,
for a change of jurisdiction from the Court Martial to the Civilian
Court of Justice on the grounds that Bouterse was not part of the
military, but rather a political leader at the time of the alleged
murders (reftel). The Court disagreed, establishing that Bouterse
joined the armed forces in 1975 and was dismissed in 1993, and
therefore the military Court Martial in fact had jurisdiction.


4. (U) On December 17, Kanhai came prepared with new objections
and again dominated the session. He argued that the lapse of time
between the alleged offenses and the start of the preliminary
criminal investigation had exceeded the period allowed by law. He
repeated accusations that the process was politicized and driven by
external influences (alluding to the Government of the Netherlands
and families of the victims who fled to Holland from Suriname after
the murders). He cited a lack of evidence, and accused former
Minister of Justice and Police Siegfried Gilds of improperly issuing
subpoenas, which should have been handed down by the Court. (Gilds,
it was also noted, was a family member of one of the victims,
further fueling Kanhai's allegations of political bias in the case.)
Kanhai further argued that the subpoenas were invalid because they
did not adequately enumerate the specific charges or provide
sufficient facts and details to enable the accused to properly
prepare their defenses. Lawyer John Kraag, representing former
Chief of the Suriname Armed Forces, Arthy Gorre, echoed Kanhai's
views about the validity of the subpoenas, noting the charges
against his client were also too vague and demanding the
nullification of the summons to Gorre, who in 1982 was commander of
the Echo Company, a group of elite commandos.

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NEXT STEPS
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5. (U) The Court adjourned until January 28, after the normal
December-January Court recess, at which time the prosecution will
respond to the defense motions. Another recess may be granted to
allow the defense to prepare rebuttals to the prosecution's January
28 presentation. After hearing defense rebuttals, a subsequent
session may also be necessary to announce the Court's ruling(s). If
the Court rejects defense objections, some observers believe the
defense will have exhausted all allowable preliminary objections
(regarding jurisdiction, statute of limitations and validity of
subpoenas),and a date may be set for the start of the actual trial,
perhaps in March or April. However, Bouterse's defense attorney,
Kanhai, is well known for his skill in manipulating legal processes
through delaying tactics and endless motions.

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ATMOSPHERICS
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6. (SBU) The Embassy did not send an observer to the December 17
session, but received feedback on the proceedings from others
present or close to the proceedings. There was a lot less "buzz"
associated with the December 17 session. Absent from the Court
gallery was the large contingent of Dutch media that had attended
the November 30 opening session. Local media and families of the
December 8 murder victims comprised the bulk of those in attendance.
Public opinion varied: some think the process is on track; others
believe the trial will hiccup along in this fashion indefinitely,

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reflecting widespread skepticism about the entire process. Still,
progress, slow as it may be, demonstrates the GOS's commitment to
follow through on the trial.
SCHREIBER HUGHES