GODJ WELCOMES ENGAGEMENT WITH DEPARTMENT OF JUSTICE

UNCLAS SECTION 01 OF 02 DJIBOUTI 001193

SENSITIVE
SIPDIS
DEPARTMENT FOR AF/E, G/TIP, AND L/LEI
CAIRO FOR DOJ

E.O. 12958: N/A
TAGS: PGOV KJUS KCRM KTFN PTER FBI DJ
SUBJECT: GODJ WELCOMES ENGAGEMENT WITH DEPARTMENT OF JUSTICE

REF: 08 DJIBOUTI 554; 09 DJIBOUTI 1155; 09 DJIBOUTI 1043


1. (SBU) SUMMARY. During a visit of Cairo-based Department of
Justice (DOJ) attache to Djibouti, GODJ officials uniformly
reiterated their willingness to cooperate with the USG on judicial
issues. The Minister of Justice and other senior officials
confirmed that if the U.S. did not want to conclude a bilateral
agreement on judicial cooperation, Djibouti was ready to share
information and evidence on a case-by-case basis, and/or to base
cooperation on provisions in international treaties signed by both
governments. Under Djiboutian law, international conventions
supersede national law. In addition, GODJ officials signaled
Djibouti's interest in a more broad-based bilateral relationship on
judicial matters, including potential technical assistance and
training. END SUMMARY.




2. (U) Cairo-based DOJ attache and Sanaa-based Legatt visited
Djibouti October 3-5 for meetings with Minister of Justice Mohamed
Siad Barkat, Procureur General Djama Souleiman Ali, Financial
Intelligence Unit Head Ali Daoud, Ministry of Foreign Affairs
Director of Bilateral Relations Mohamed Ali Hassan, and other
members of their staffs. EmbOffs attended all meetings, and CDA,
a.i. participated in the meetings with Djama Souleiman Ali and
Mohamed Ali Hassan.




3. (SBU) DOJ attache told Minister of Justice Mohamed Siad Barkat
that as crime becomes more transnational, there was an even greater
need for international cooperation, and that the DOJ considered
Djibouti a key partner in the region. Minister Barkat welcomed the
DOJ visit and the idea of a broad-based partnership on judicial
issues. Djibouti and the U.S. already have a strong relationship,
he said, and the GODJ is ready to continue collaboration on
judicial questions. Minister Barkat said that Djibouti would be
interested in concluding a bilateral agreement on judicial
cooperation. However, when DOJ attache explained that the USG was
moving away from bilateral agreements in favor of cooperation based
on existing international conventions, and on political will and
friendship between countries, Barkat said that Djibouti would be
ready to continue working with the U.S. on a case-by-case basis, on
the foundation of reciprocity. He also agreed that cooperation
could be based on international treaties signed by both the U.S.
and Djibouti, noting for example that Djibouti had already signed
the majority of international conventions relating to terrorism
(Ref A). DOJ attache stressed that any request from the USG would
be accompanied by assurances of reciprocity. Barkat and his team
confirmed that under Djiboutian law, international conventions
ratified by Djibouti trump national law in case of a conflict.




4. (SBU) Barkat welcomed upcoming U.S.-Djibouti initiatives in the
justice sector, including Djiboutian participation in a USG-funded
seminar in Algeria on fighting money laundering, terrorist finance,
and transnational crime, and a planned G/TIP INCLE-funded program
to provide a Department of Justice Office of Overseas Prosecutorial
Development, Assistance, and Training (OPDAT) Intermittent Legal
Advisor to help the Ministry of Justice better investigate and
prosecute cases of trafficking in persons (ref B).




5. (SBU) Procureur General Djama Souleiman Ali told CDA and DOJ
attache that there was "no problem" for Djibouti to exchange
evidence or information with the USG. As a prosecutor, Ali said,
it was a "pleasure to help a colleague in the search for the
truth." Djibouti has always been ready to collaborate with the
U.S. at the judicial level, and judicial personnel and
investigators have benefitted from informal training and
investigative support from the FBI (ref C). While noting that
mutual judicial assistance is often based on a bilateral treaty, he
said that his staff would be happy to work with the DOJ directly on
an "informal," case-by-case basis, without necessarily going
through the "diplomatic circuit." On the issue of potential
deportations of third-country nationals, Ali noted a recent meeting
with Human Rights Watch and Amnesty International to discuss an
alleged detention by USG authorities of an individual in Djibouti.

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6. (SBU) In a separate meeting, Chief Prosecutor Maki Omar
Abdoulkader said that as long as fundamental rights were respected,
Djibouti had no issue with collaborating informally. Abdoulkader
also noted the need for training in the judicial system, especially
in light of major challenges such as trafficking in persons. In
the future, he said, Djibouti might even be able to prosecute
pirates. Abdoulkader welcomed the proposed OPDAT program and the
seminar in Algeria.




7. (SBU) MFA Director of Bilateral Affairs Mohamed Ali Hassan said
he was happy that the DOJ considered Djibouti an important partner.
"Your visit is important," he told DOJ attache. While the GODJ has
traditionally sought bilateral judicial assistance agreements, for
example with the French, Hassan said that the GODJ remained willing
to work with the USG on a case-by-case basis, and that cooperation
could be grounded on international conventions signed by both
counties. He added, however, that even in the absence of a formal
bilateral agreement, the GODJ was primarily interested in "building
a bilateral partnership" on judicial issues. Counter terrorism,
trafficking, and other related issues are key priorities for the
GODJ, and require a high degree of international cooperation.
Hassan welcomed the OPDAT program, and said that the GODJ would be
interested in additional training or technical assistance provided
by the DOJ. It is important, he underlined, for the Ministry of
Justice to be "involved from the beginning," and not simply be
called upon when evidence is needed. The GODJ would welcome DOJ
assistance to diagnose weaknesses in the justice system, and to
work together on key issues. In short, he said, "more cooperation
would be desirable."




8. (SBU) Financial Intelligence Unit (FIU) Chief Ali Daoud told DOJ
attache and Legatt that while Djibouti had made enormous progress
in fighting financial crime, there was still work to do to address
this crosscutting challenge. Daoud said that Djibouti had been
actively engaged with regional partners, including through the
Intergovernmental Authority on Development (IGAD),and was also
working to improve inter-ministerial cooperation at the Djiboutian
level through a technical counterterrorism committee (ref A). He
said that while the FIU had not referred any cases of money
laundering to the judiciary, his staff had been able to help
resolve several cases of suspicious transactions referred by banks
to the FIU. The FIU would "immediately" know who had a banking
account in Djibouti, Daoud said, and in case of a USG inquiry,
would likely be able to confirm informally if a certain individual
held a bank account in-country. The decision to share any further
information, Daoud said, would likely be taken above the FIU level.
While suggesting that a bilateral agreement might be useful, Daoud
said that the FIU was very open to working with international
partners, including the United States. Daoud also confirmed that
when the FIU receives USG notifications of terrorist designations,
the information is disseminated through the banking community.
Daoud and one other FIU colleague will participate in the Algeria
seminar on combating money laundering, terrorist finance, and
transnational crime.




9. (SBU) COMMENT. GODJ officials uniformly confirmed their
openness to judicial cooperation with the U.S., and their desire to
see more broad-based collaboration in the justice sector. Despite
the relative absence of large-scale USG technical assistance
programs in the justice sector, overall U.S. engagement with key
justice interlocutors has been strong-for example, a significant
number of Ministry of Justice and FIU officials attending meetings
with DOJ attache are International Visitor Leadership Program
alumni. While GODJ officials may have expected the U.S. to follow
the "French" model of seeking a formal bilateral agreement, they
readily agreed to work with the USG on a case-by-case basis, and if
applicable, on the foundation of international agreements signed by
both countries. All parties agreed that judicial cooperation must
be based on the fundamental principles of reciprocity and political
will. This visit confirmed that the political will to work with
the USG exists-and that Djibouti would welcome further USG
engagement in the justice sector. END COMMENT.
WONG