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.

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JUSTICE CNDD STYLE
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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
a lower court under the jurisdiction of the Ministry of
Justice. It was signed by Issa Camara and Claude Pivi.

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AN EXTRAJUDICIAL, PARALLEL SYSTEM
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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.

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HIGHEST COURT IN THE LAND
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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).

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PERSPECTIVE FROM MINISTER OF JUSTICE
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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.

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COMMENT
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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