TOGO: KPATCHA'S LAWYERS FINALLY MEET THEIR CLIENT

C O N F I D E N T I A L LOME 000421


STATE FOR AF/W, PARIS FOR AFRICA WATCHER

E.O. 12958: DECL: 11/06/2019
TAGS: PGOV ASEC TO
SUBJECT: TOGO: KPATCHA'S LAWYERS FINALLY MEET THEIR CLIENT

REF: A. LOME 115

B. LOME 119

C. LOME 120

D. LOME 332

Classified By: Ambassador Patricia M. Hawkins for reasons 1.4(b)
and (d)


1. (U) SUMMARY: Over 180 days have passed since Kpatcha
Gnassingbe, President Faure's half brother, was arrested for
an alleged coup attempt. Although no charges have been filed
in the case, Kpatcha and the 29 others arrested with him are
still in prison and the case against them seems stalled.
Several months ago, Kpatcha's wife requested legal
representation, and asked 2 well known lawyers to take the
case. Kpatcha himself has not confirmed that he wants legal
counsel, and until this week, the lawyers were not given
access to their "client" or the case file. On Monday,
November 2 with the arrival of Christian
Charriere-Bournazel,the President of the French Bar
Association, they were finally permitted to meet with their
client. END SUMMARY.


2. (U) On November 2, Kpatcha's lawyers, Christian
Charriere-Bournazel, Djovi Gally and Zeus Ajavon met with
Kpatcha to discuss the various options for his case. In a
press conference on Tuesday, they reported that at this time
Kpatcha does not want to name them to represent him in a
criminal case, but that he does want to have them represent
him in a reconciliation attempt with his brother. He
expressed a wish to keep the Gnassingbe family intact and not
have it destroyed by fratricidal clashes. If reconciliation
does not occur within ten days, the lawyers stated that they
were ready to proceed to a trial.


3. (C) According to the lawyers, Kpatcha has been under great
pressure from family members not to name lawyers and possibly
antagonize Faure, which would prolong his imprisonment and
subject the country to a divisive and messy trial, just
before the presidential election. Since Kpatcha is still
quite popular in Kabaye country, his continued imprisonment
could negatively influence votes Faure needs from the north.
Should the case go to court it may drag on for months and
tarnish both Kpatcha and Faure. Reconciliation, with
mutually beneficial conditions might be the best way out of a
seeming insoluble impasse for the Gnassingbe family.


4. (C) COMMENT: With the visit of the 3 lawyers, the case is
finally moving. It is impossible to predict what the next
moves will be or who they will come from.
Charriere-Bournazel has threatened to take the story to the
international press and various legal and human rights
organizations if there is no change in the status of the
prisoners. At this point, some kind of reconciliation that
avoids a trial but removes Kpatcha from the political scene
appears to be possible and in the interest of all.
Hard-liners in the security forces, sworn enemies of Kpatcha,
may argue for a trial, but with the way they have mis-handled
the case so far, the lawyers are convinced there is not
enough evidence to prove the case. A far more interesting
question is what conditions either Faure or Kpatcha might try
to impose on each other as part of a settlement. END COMMENT.


Hawkins