MINISTER OF JUSTICE TALKS ABOUT PROSECUTIONS AND

UNCLAS SECTION 01 OF 02 CONAKRY 000138

SIPDIS
SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PREL SNAR PHUM ASEC GV
SUBJECT: MINISTER OF JUSTICE TALKS ABOUT PROSECUTIONS AND
HUMAN RIGHTS

REF: CONAKRY 0087

1.(SBU) SUMMARY. In a meeting with the DCM, Minister of
Justice Noholoamou expressed despair over the impoverished
state of his ministry. A recent series of high profile
drug-trafficking arrests has placed him in the unenviable
position of prosecuting these cases with no budget and no
institutional knowledge of how to proceed. The Minister said
that protecting the defendants, human rights was extremely
important and dismissed concerns about the recent "shoot on
sight" pronouncements of President Dadis, calling them "a
figure of speech." END SUMMARY.
--------------
ONE BRIGHT SPOT
--------------
2.(SBU) DCM met with the Minister of Justice, Colonel Siba
Noholoamou, 26 February at the Ministry of Justice. Receiving
the DCM in his army fatigues, the Minister seemed relaxed,
friendly and focused. He accepted the DCM,s congratulations
on the government of Guinea's recent apprehension of the
primary suspect involved in the sexual assault and armed
robbery of a Peace Corps Volunteer in August 2008. The
suspect, who had received protection from a regional police
commissioner, had been at large for several months. To ensure
the minister had the correct facts and names of individuals
involved in the case, the DCM left a copy of the USG's
original demarche delivered to two previous ministers of
justice protesting the behavior of the police commissioner
and encouraging a wide and active search for the suspect.
Noholoamou acknowledged the DCM,s gratitude noting that
everyone,s work was not finished until the suspect went to
trial, but that the case was moving in the right direction.

--------------
CONTINUING DRUG ARRESTS
--------------

3. (SBU) The DCM then discussed the series of drug-related
arrests, including on 25 February, of late President Conte's
son, Ousmane Conte, widely regarded as a drug kingpin in
Guinea. Noholoamou confirmed that Ousmane was behind bars
and divulged that many more arrests would take place. He also
stated that they had received new information regarding a
small planeload of drugs that had been seized last year in
the regional capital of Boke.
--------------
PROTECTION OF HUMAN RIGHTS
--------------

4. (SBU) The DCM urged the Minister to protect human rights,
including those individuals accused of drug-trafficking
crimes. The Minister shared the DCM's views and reiterated
that he did not wish to see the narco-traffickers set free in
appellate court due to any mistreatment while incarcerated.
He stated that he had personally instructed that these
prisoners receive medical care, three meals daily, and visits
from lawyers and family. (Comment. According to the 2008
Human Rights Report, such treatment would be unusual as most
prisoners receive little to no medical treatment, nor more
than one meal a day, and are often denied access to visitors.
End comment.)
--------------
WE,RE BROKE
--------------
5.(SBU) When asked how the MOJ would proceed on these drug
cases, Noholoamou said he would like technical advice from
the U.S. on how poor countries such as Guinea can
successfully prosecute drug traffickers who are sure to have
savvy lawyers. The Minister ruefully admitted that the
Ministry of Justice is completely broke and does not even
have a vehicle to transport prisoners from the jails to the
court. "How can you put a fat cat drug trafficker in front
of a judge who can,t even buy a bicycle?" he asked
dejectedly. "This is a recipe for corruption." He said,
however, that his ministry was ready to proceed. "We will
know when a judge makes a bogus decision, and we'll put him
in jail."
--------------
SHOOT TO KILL?
--------------

6. (SBU) Returning to human rights, the DCM then asked the
Minister about President Dadis, recent pronouncements that
anyone caught drug trafficking, laundering money or
trafficking in persons would be shot on sight (reftel). The
Minister softly chuckled, dismissed these concerns and said
this was just a "figure of speech" to let the public know how
seriously the President regarded these crimes. They were not
to be taken literally.
--------------

CONAKRY 00000138 002 OF 002


REQUESTS ASSISTANCE
--------------

7. (SBU) The Minister requested the USG's assistance and
expertise in combating the drug trade and mentioned a meeting
scheduled for that afternoon with President Dadis to discuss
prosecution of drug traffickers. That meeting had been
raised earlier that morning by the Minister for Special
Services, Anti-Narcotics and Organized Banditry, while
talking with the RSO. The Charge determined then that neither
the DCM nor the RSO would attend the meeting with Dadis,in
accordance with USG stated policy toward the military junta.
When the DCM explained our non-participation, the Minister
expressed disappointment, but said that he understood.
--------------
COMMENT
--------------

8. (SBU) Minister of Justice Nololoamou gave the impression
of being an intelligent, soft-spoken and serious man. His
downtown office was rundown and crowded with individuals
milling outside of his door seeking favors. He seemed
frustrated by the impoverished condition of his Ministry,
worried about corrupt judges and prisoners receiving the most
basic services, as well as how to proceed successfully with
the high profile cases coming his way. He appeared at a loss
over how to overcome the problem of a corrupt judiciary. His
comments and concerns echoed those of the two ministers who
held the position before him. The MOJ is one of the most
under-funded ministries in the Guinean government. Despite
the CNDD's public crack-down on narcotics trafficking and
corruption, justice is unlikely to be served without
significant investment and judicial reform.

RASPOLIC