"POLITICAL" PRISONERS RELEASED IN ANTANANARIVO

UNCLAS ANTANANARIVO 000267

SENSITIVE
SIPDIS

DEPT FOR AF/E - MBEYZEROV

E.O. 12958: N/A
TAGS: PGOV MA
SUBJECT: "POLITICAL" PRISONERS RELEASED IN ANTANANARIVO


1. (SBU) SUMMARY: High Transitional Authority (HAT) President Andry
Rajoelina has released 48 "political prisoners" from Madagascar's
jails. Most were politicians or military leaders imprisoned under
former President Ravalomanana, although in many cases the charges
were legitimate even if they were singled out for punishment due to
their political affiliations. The HAT has not yet granted pardons
to all 48 (to date, only 32 have been actually pardoned; the rest
remain under house arrest),given the controversy over individuals
such as Colonel Coutiti, who was imprisoned for torture and killings
in both 1991 and 2002. Post expects the HAT to pronounce on the
remaining 16 prisoners shortly, although those already pardoned are
pushing for an "amnesty" instead, which would allow them to
participate in politics. END SUMMARY.


2. (SBU) During his March 21 "installation" address, Rajoelina
announced plans to pardon political prisoners; that same evening, 48
prisoners were taken from Tsiafahy, Antanimora and Toamasina prisons
and moved into house arrest at a hotel/restaurant in a suburb of
Antananarivo. On March 26, HAT Minister of Justice announced a
first group of 28 prisoners who benefited from the presidential
pardon. The "most feared and controversial" prisoner - Lieutenant
Colonel Assolant Coutiti - did not make the cut, and his legal
status to date remains unclear. Prospects for his liberty becoming
legal are a matter of grave concern to many here. A second group of
four was announced on April 1, but the MOJ has yet to pronounce on
the final 16. Seven of the remaining political detainees (including
Coutiti) have been transferred to their "hometown", in the northern
city of Antsiranana, but remain under house arrest.


3. (SBU) Most of the released "political prisoners" and the exiled
politicians are requesting an amnesty instead of the presidential
pardon. In their view, "national reconciliation" will only be
effective through an amnesty, which would restore all civil rights
and pave the way for their participation in future elections. Their
current pardons serve only to end their prison sentences, without
fully restoring their civil rights. Potential presidential
candidates who could benefit most from an amnesty include Pety
Rakotoniaina (candidate in 2006, currently interim mayor of
Fianarantsoa),Jean Eughne Voninahitsy (candidate in 2002),and
exiled Pierrot Rajaonarivelo (former prime minister and presidential
candidate). On the military side, an amnesty would allow Lt. Col.
Coutiti, Lt. Col. Rahitso and Lt.Col. Balbine to reintegrate with
their original regiments.


4. (SBU) At the announcement of the first list of 28 to be released,
the prisoners strongly denounced the HAT's allegedly
"discriminatory" decision, and resolved to stay with their fellows
inmates out of solidarity. The following day, they changed their
minds, and took release instead. During a press conference held
immediately after their actual release, they announced their
allegiance to Rajoelina and their plan to hold a rally on Democracy
Square at the same time as TIM supporters, taking advantage of their
official authorization to hold a rally. The first rally held on
March 31 ended with three injuries, following a confrontation with
TIM supporters. Rakotoniaina and Voninahitsy announced during the
rally that they would bid farewell to former President Ravalomanana,
and that they have already booked a room for him in the Tsiafahy
prison. They also "warned" Ravalomanana supporters that if these
latter continue to have their rallies, they "will take care of
them", although they have not to date acted on this threat.


5. (U) The 32 prisoners who have benefited from the "presidential
pardon" are:

- Lt. Col. Jean Victor Rahitso
- Lt. Col. Hubert Maurice Balbine
- Jean Paul
- Fulgence Jocelyn
- Marson Lemiasa
- Andrianafidisoa, a.k.a. "Gen. Fidy"
- Jean Eugene Voninahitsy
- Laurent Boto
- Jean Baptiste Behavana
- Alfred Rakotomaharonirina
- Leon Ramanantsalama
- Lalaina Andrianjatovo
- Pety Rakotoniaina
- Jean Wilson Andriantsoa Ralaikoa
- Christian Anthony Herinirina
- Emmanuel Razafindrazaka, a.k.a. "Bolo"
- Etienne Rasolofotianasoa
- Jean Fidele Marie Razafindraibe
- Hajason Jacky Ratsimandresy
- Solo Kajaly
- Robson Zafy Fihaora
- Maurice Dilimizony
- Daniel Rajaonarivelo
- Thodile Appolinaire Ravoavy
- Boniface Zakahely
- Andre Nathan Mamaso
- Georges Felix Solonirina Ravitalahy
- Henri Rakotomalala
- Lt.Col. Kasimo Arona Besoa
- Lt.Col. Felicien Randrianantenaina
- Lt.Col. Jean Rambeloson
- Lt. Mpanjato Randriamamonjy

HIGH PROFILE PRISONERS, POLITICAL AND OTHERWISE
-------------- --


6. (SBU) Lt. Col. Assolant Coutiti graduated from the 12th class of
the Military Academy, and was a security advisor to 2002 Antsiranana
Governor Jean-Robert GARA. Following the 1991-1993 crisis and
transition he was accused of several violent crimes and imprisoned
during the Zafy Administration (1993-1996). After the comeback of
Didier Ratsiraka 1996, he was pardoned and even promoted to
Lieutenant-Colonel, and was detailed to the Antsiranana Intervention
Force Regiment. An international arrest warrant was issued against
him in April 2002 for "murders and criminal association". He is
accused of having assassinated the local manager of a bank in Nosy
Be, who was also a local campaign leader for then-candidate
Ravalomanana. He is also known for having perpetrated violence,
tortures and killings against Ravalomanana's supporters, and for
some cases, on Merina (highlanders) in the Northern part of the
country in 2002. He received two life sentences, in addition to
tens of years of imprisonment. He has not yet been pardoned, and
even his move from the Tsiafahy prison to the house arrest was
controversial. It is believed that foot-dragging on the remaining
group to be pardoned is due to Coutiti. On April 4, during Andry
Rajoelina's visit to the northern city of Antsiranana, Coutiti was
transferred to house arrest in his "home town".


7. (SBU) Lt. Col. Rahitso and Balbine are both close to Coutiti but
have already been pardoned. They did not receive the same sentence
as Coutiti, but are known for having perpetrated similar acts of
violence, probably at a lower scale, and also in the northern
region. They are widely believed to have worked together with
Coutiti. As they have already been released, they are feared to be
the "hands" of Lt. Col. Coutiti, who remains under house arrest, for
possible revenge.


8. (SBU) Pety Rakotoniaina was a presidential candidate in 2006, and
former Mayor of Fianarantsoa. He was sent to jail - while he was
Mayor - for misuse of government vehicles during an electoral
campaign. During Andry Rajoelina's visit to Fianarantsoa, he was
appointed President of the Special Delegation of Fianarantsoa (PDS)
- the equivalent of an interim mayor. The reasoning was that "he
was an elected mayor when he was sent to jail for political
reasons." Several days before his "installation" as PDS,
Rakotoniaina's wife was appointed as a member of the High Transition
Authority (HAT). (NOTE: Post singled out Rakotoniaina in the 2008
Human Rights Report for possible recognition as a political
prisoner, due to his possibly unjustified implication in a 2006 coup
attempt, and extraordinarily long sentence of 14 years. END NOTE)


9. (SBU) Jean Eugene Voninahitsy is a former Deputy in the National
Assembly. Already imprisoned by the Ratsiraka administration in
2001 and amnestied by the Ravalomanana regime in 2002, Mr.
Voninahitsy became a virulent opponent to President Ravalomanana.
In 2005, he was sentenced to a two-year imprisonment for influence
peddling. In 2006, he was accused of complicity in a prison break
case in Antanimora, and was sentenced to four additional years. He
still enjoys some popularity in the western region of Melaky.


10. (SBU) Zakahely Boniface is a former Deputy, elected in the
north-eastern city of Mananara Avaratra, and was a strong opponent
of Ravalomanana. For alleged crimes in 2002, he had eleven charges,
including attacks on state security and public order, and burglary.
Charged with inflicting grievous bodily harm, he was also sentenced
to 30 months of imprisonment in 2007, and was kept in the Toamasina
prison until his "release" following the presidential pardon. He is
believed to still have extensive support and influence in the former
province of Toamasina.


11. (SBU) Gen. "Fidy" Andrianafidisoa was accused of "treason and
attempted coup" in November 2006, following his exclusion as a
candidate in the 2006 presidential elections. He was eventually
sentenced to seven years in prison. Fidy was instrumental in
Ravalomanana's rise to power in 2002, and is known for his ties with
Pety Rakotoiaina in Fianarantsoa.


12. (SBU) Gen. "Bolo" Emmanuel Razafindrazaka was "Commissaire de
Police" and General Controller of the National Police. He was
accused of masterminding a plot against the President. He was
charged with "offences against national security and arms robbery at
a military camp." Media reports noted that "in October 2007, a
group of military officers installed heavy weapons such as rockets
launcher by Ivato landing runway. Lacking proof to the contrary,
they planned to shoot at the presidential plane from Brussels which
was about to land in Ivato. Alerted on time, Air Force One's crew
rerouted to Mahajanga and had President Ravalomanana land there."

13. (SBU) COMMENT: Many of these figures were imprisoned for valid

crimes, even if they may have been selectively pursued among equally
guilty contemporaries. However, the release of Coutiti, Rahitso and
Balbine in particular has received extensive media attention, and
brings the HAT's commitment to judicial independence and rule of law
into question. The Ambassador is pushing a declaration by the local
diplomatic corps expressing concern about the unjustified release of
notorious criminals; if there is no agreement to do so, post will
release a unilateral statement to the same effect. END COMMENT.

MARQUARDT