AFTER NOWAK -- SETTING THE BAR FOR EQUATORIAL GUINEA

UNCLAS SECTION 01 OF 02 MALABO 000042 SENSITIVE SIPDIS AF/FO FOR K. WYCOFF, AF/RSA FO RC. POMMERER, INL/AAE FOR A. ALTON E.O. 12958: N/A TAGS: PGOV PHUM KJUS EAID EK SUBJECT: AFTER NOWAK -- SETTING THE BAR FOR EQUATORIAL GUINEA REF: A)MALABO 136 (08),B)MALABO 11, C)MALABO 33, D)MALABO 18, E)STATE 5448 ¶1. (U) This cable contains an action request. Please see para 8. ¶2. (U) Our policy of gradual engagement with EG went off the rails late last year following the November 2008 visit and resulting press statement by UN Special Rapporteur Nowak (REF A). Nowak indicated the EG's use of torture was systematic, and "the worst he had seen." While doing so slowly, the GREG has responded to the UNSR's criticisms by undertaking a number of positive actions. Nowak's formal report has been delayed and is now not expected until summer, but what EG has done so far is not insignificant. The EG government has: -- Responded positively and publically to Nowak's complaint (REF B); -- Replaced the Minister of National Security (chief police official) for the first time in its post-colonial history with a civilian; -- Replaced additional high-ranking justice system personnel with the publically-announced goal of adding vigor and accelerating progress (SEPTEL); -- Introduced draft legislation, currently before the Parliament, intended to reform the structure of the justice system and leave Franco-era legal structures behind; -- Officially reached out to us for assistance to reforming the justice system (REF C); -- Engaged in expansion of the work of U.S. security training contractor MPRI to improve administration of detention centers in EG; -- Accelerated work on the new Malabo police station and associated jail in order to more quickly close the colonial-era facility singled out for criticism by Nowak; -- Developed, printed and is placing a anti-torture poster in all police stations underscoring that the practice is illegal and unacceptable. ¶3. (SBU) Background: While it is true that President Obiang used the excuse of a weak response to the February 17 attack on the presidential compound (REF D) to replace former Minister of National Security Manuel Nguema Mba, insiders tell us that a big part of Obiang's motivation was to break with EG's past practices under Nguema's decade's-long leadership of the police. As noted, the new Minister of National Security Nicolas Obama Nchama was, until he assumed his duties as minister, a civilian. While his lieutenant rank from previous service was restored when he did so (since the ministerial slot is a military billet),the significance of Obama becoming the first civilian to serve in this key ministry in EG's post-colonial history cannot be ignored. ¶4. (U) Obama was instrumental in getting a proposed poster program implemented. Being prominently placed in all police stations, these posters carry a commanding photo of President Obiang and direct quotes from the 2006 decree outlawing torture. The minister plans a press roll-out to accompany completion of the program. The text of the poster reads: MALABO 00000042 002 OF 002 "The crime of torture is committed by a public servant who... inflicts suffering or pain on a person... and any public servant, who knows of the commission of an act of torture, is obligated to report it immediately or be punished with a prison term... -- Law Decree Number 6/2006, dated 2 November, regarding the Prevention of, and Punishment for Torture. Signed by President Obiang Nguema Mbasogo, President of the Republic, Chief of State." ¶5. (U) This campaign has been endorsed by the president himself, and its message is clear: those officials continuing to mistreat detainees will know they do so in direct contravention of President Obiang's wishes. Where's the Bar? -------------- ¶6. (SBU) We can continue to push for more from the GREG regarding Nowak's criticisms but at some point soon this is likely to become counterproductive. From our perspective the time has arrived for us to throw them a bone. The country has few progressive allies -- and none with our potential to influence positive change. The admonition that the country should solve its own problems is misguided. It cannot. It may have money but it does not yet have the resident capacity to address these issues. This is where human rights policy becomes its own enemy. If we truly want to see mistreatment of prisoners cease quickly, the best way to do so is engage in ways that show EG how to leave this legacy behind. With its own history and in this neighborhood, maintaining order will remain a predominant focus for the country. As Nowak himself has told us, as long as EG's justice system only works off confessions, security officials will be tempted to force them if all else fails -- even under the stern gaze of the president on a poster. ¶7. (SBU) So far, the actions taken by the GREG -- which include renovation and update of all prisons and police lock-ups -- have not been seen as enough to attract our engagement. Those who think the worst of the country appear to control our policy, while the country's many deficiencies provide an excuse to others who prefer to remain indifferent. Here, insiders very close to the president tell us he is engaged program of systematic replacement of the country's "dinosaurs" -- as he recently referred to them in a television broadcast. This largely matches our own observations. Yet despite Obiang's support, the efforts of justice system reform being pushed by the new Minister of Justice, Salvador Ondo Nkumu are faltering under withering pressure from fossils with vested interests in maintaining Franco-era structures. Clear demonstration of U.S. intent to help EG reform its justice system, as requested by the minister (REFS C, D),should strengthen his hand and help the country begin to clear away Franco's ghost. ¶8. (U) ACTION REQUESTED: Request Department positively respond to EG's appeal for assistance with reform of its justice system. Post proposes an evaluation visit by INL and/or Department of Justice experts. Those with Spanish skills and experience in Latin America or other continental law environments would be most appropriate. SMITH