SHOPPING FOR A VERDICT - THE CNDD'S EXTRAJUDICIAL

C O N F I D E N T I A L SECTION 01 OF 02 CONAKRY 000221 SIPDIS E.O. 12958: DECL: 04/21/2019 TAGS: PHUM PGOV PREL ASEC GV SUBJECT: SHOPPING FOR A VERDICT - THE CNDD'S EXTRAJUDICIAL "COURT" CONAKRY 00000221 001.2 OF 002 Classified By: POL/ECON CHIEF SHANNON CAZEAU FOR REASON 1.4 B AND D ¶1. (C) SUMMARY. Guineans who don't like a judge's decision now have another option in the CNDD's extrajudicial "Bureau of Conflicts." Set up shortly after the coup, the Bureau has reportedly handled more than 3000 cases, which are heard by military and police personnel. Lawyers have no part in these judicial proceedings. The Bureau has reportedly overturned a number of decisions issued by courts under the Ministry of Justice as well as a Supreme Court decision. The Minister of Justice officially has no comment on the parallel system, but privately told Pol/Econ Chief that the Bureau undermines his ministry's jurisdiction. Embassy has been raising concernS about human rights abuses to various government officials, including the Minister of Justice and the Secretary General of the Ministry of Foreign Affairs. END SUMMARY. -------------- JUSTICE CNDD STYLE -------------- ¶2. (C) With the advent of the National Council for Democracy and Development (CNDD) comes a new era for justice in Guinea. Crippled by decades of endemic corruption, the Ministry of Justice has long lacked credibility. Despite its shortcomings, the Ministry did, however, attempt to administer justice within the confines of Guinea's constitution and legal code. That system still apparently functions, but the CNDD has also created a parallel justice system through its new "Bureau of Conflicts." The Bureau is run by CNDD member Lieutenant Issa Camara who has been appointed as the "Secretary of State in Charge of Conflicts." The Bureau also seems to be connected to another CNDD member, Captain Claude Pivi, who is the Minister of Presidential Security. (COMMENT. Issa Camara was reportedly promoted to his current rank after the coup. According to one contact, Issa never completed high school. END COMMENT). ¶3. (C) A Dakar-based representative for Human Rights Watch, Corinne Dufka, recently visited Guinea to investigate reports of extrajudicial proceedings. During a meeting with Embassy officers, she provided a copy of a document she had received from an individual summoned to appear before the Bureau of Conflicts. The document detailed an official judgment that reportedly reversed a judicial decision previously issued by �0A;a lower court under the jurisdiction of the Ministry of Justice. It was signed by Issa Camara and Claude Pivi. -------------- AN EXTRAJUDICIAL, PARALLEL SYSTEM -------------- ¶4. (C) Dufka later visited the Bureau of Conflicts on April 3 where she observed the proceedings and met privately with Issa Camara. According to Dufka, about 300 people were awaiting an audience at the "court," which is located at Camp Alpha Yaya. Describing the general atmosphere as "complete bedlam," she said there only two rooms for conducting "investigations." ¶5. (C) When she met with Issa Camara, he explained that the Bureau is only a temporary measure until the Justice system can be "cleaned up." He acknowledged that the Bureau effectively establishes a parallel justice system, but that the Bureau will eventually be eliminated. Issa reportedly said that the Bureau has several advantages over the official judicial system in that it is not corrupt, is expedient, is free, and is neutral. He claimed to have ten investigators on staff, five of whom are police officers and five of whom are gendarmes. The Bureau does not employ the services of any lawyers. According to Dufka, Issa claimed to have received over 3000 cases since the Bureau was opened shortly after the coup, including criminal cases. Issa said that he personally oversees every decision. ¶6. (C) Dufka told Pol/Econ Chief that she had an opportunity to witness one case hearing while she was at the Bureau. She said both the plaintiff and the defendant were represented by military personnel. Both sides were given a chance to present their case and then a decision was issued on the spot. -------------- HIGHEST COURT IN THE LAND -------------- ¶7. (C) The Bureau of Conflict reportedly heard a controversial case the week of March 30 that had previously been ruled upon by Guinea's Supreme Court. The case involved CONAKRY 00000221 002 OF 002 a land dispute between a 73 year old man born on the land and a Mr. Keita who had allegedly purchased the land. According to Dufka, the case had proceeded all the way through the Ministry of Justice until a final appeal case was heard by the Supreme Court. The Court ruled in favor of the 73 year old man. However, the Bureau of Conflict reversed the decision. Unfortunately, the elderly man refused to acknowledge the decision and to vacate the land. Dufka told Pol/Econ Chief that she spoke to five or six witnesses who described a group of military personnel who came to enforce the Bureau's ruling and opened fire on the occupants at approximately 2:00 AM on April 2, killing two civilians. They also bulldozed the structures on the property. (COMMENT. The local press reported two deaths in the neighborhood the following day, but did not provide details. END COMMENT). -------------- PERSPECTIVE FROM MINISTER OF JUSTICE -------------- ¶8. (C) Pol/Econ Chief met with the Minister of Justice, Colonel Siba Loalamou, who is also a member of the CNDD, on April 16. He explained that the CNDD had initially set up the Bureau of Conflicts to handle cases involving military abuses of power because the justice system was deemed to be an inadequate mechanism for handling such cases. However, the Bureau quickly evolved into a catch-all for citizens seeking swift justice. In justifying the Bureau's existence, the Minister explained that many Guineans feel that the Ministry of Justice is corrupt and incapable of fairly administering justice. In addition, the Minister claimed that many Guineans think the only way to enforce the law is to have the military endorse a decision. ¶9. (C) When Pol/Econ Chief questioned the legality of the parallel system, the Minister said that he could not officially speak for the Bureau because it is not within his jurisdiction. However, he said "if I were speaking for myself only, I would have to say that they don't follow the law." He later admitted that he thought the Bureau was a very bad idea and that its existence undermines his own ministry. Pol/Econ Chief emphasized that the Bureau is extrajudicial and raises a number of problems from a human rights perspective. The Minister politely acknowledged these concerns. ¶10. (SBU) Pol/Econ Chief also inquired about the Bureau's reversal of a Supreme Court decision. The Minister confirmed that the reversal had indeed taken place. -------------- COMMENT -------------- ¶11. (C) The Bureau of Conflicts seems to be increasingly popular for those seeking quick resolution of their disputes, or for those looking for a more favorable decision. Not only is the Bureau extrajudicial, it does not appear to adhere to the law in any way since it does not use lawyers or anyone else trained in the legal profession. Justice may be swift, but it also appears highly subjective. One must also question the implications of a legal system administered in part by the controversial Claude Pivi. Dufka noted that with the military controlling the processes, and a CNDD military officer in charge of the Ministry of Justice, that citizens have limited legal recourse, if any, for pursuing cases against security forces. END COMMENT. RASPOLIC