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