EQUATORIAL GUINEA: ADDITIONAL STEPS TAKEN TO REFORM JUSTICE

UNCLAS SECTION 01 OF 02 MALABO 000043

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM PINR EAID EK PREL PTER
SUBJECT: EQUATORIAL GUINEA: ADDITIONAL STEPS TAKEN TO REFORM JUSTICE
SYSTEM

REF: A)MALABO 42 (AND PREVIOUS),B)MALABO 33, C)MALABO 23


1. (SBU) On Sunday, May 16 Minister of National Security Obama
Nchama called A/COM to say the dissuasive measures taken by
Equatoguinean security forces (increased patrols, identity
checks, police and military presence around key installations)
had been effective in mitigating the recent threat of attack
from outside forces. He thanked us for facilitating information
exchange with U.S. petroleum companies present in Equatorial
Guinea (EG).




2. (SBU) He went on to make additional points. He said, "as
you suggested" EG had accelerated completion of the new Malabo
police station and had begun movement of prisoners from the old
Malabo city jail (singled out for special criticism by UN
Special Rapporteur on torture and other cruel and unusual
punishment Manfred Nowak -- REF A). This advances the schedule
by at least three months (originally planned for August). He
extended an invitation for embassy representatives for a tour of
the new facility (reported SEPTEL).




3. (SBU) Obama also confirmed receipt of anti-torture posters
(see REF A, C -- ordered from the printing company in Spain).
He said the first posters were being placed at airports and
border crossings, and that he had called a meeting of "all
police commissioners" to underscore the illegality of
mistreatment of prisoners, to issue posters for each police
station for "prominent display" and to undertake a planned press
roll-out.




4. (SBU) In a separate conversation with Minister of Justice
Salvador Ondo Nkumu, he confirmed his ministry would follow suit
to place posters in the country's three prisons (NOTE:
Administration of police lock-ups and prisons in EG is separate,
falling under these separate ministries). He said a contract
had been signed to begin construction of a fourth (new) prison
in Ebebiyin, in the country's far north-east corner. This would
relieve crowding in remaining prisons. In addition, Ondo
reported that he had succeeded in shepherding the justice reform
law through the EG parliament, which passed last week and has
now been signed into law. He committed to provide the embassy a
copy of the final version as soon as it is printed (REF A). Our
review of previous draft language indicates the new law makes a
clean break with the Franco-era legal system that has remained
in place since EG's independence. Ondo is now embarked on a
tour of the country with EG supreme court justices in order to
familiarize local judges with the changes in store. (See REF B
for additional background)



The Changing Face of EG's Supreme Court


5. (SBU) We also had a recent opportunity to meet with one of
the new members of EG's Supreme Court. Marcadio Ondo Ndong is
in his late 30's, was trained in theology and law in Spain, and
has broad experience in the area of human rights law. Marcadio
is known to embassy, having conducted key elements of human
rights training under the MPRI security forces
professionalization program up until a year ago, when he became
EG's representative to the CEEAC (Economic Community of Central
African States) Human Rights Commission in Libreville. During
President Obiang's March 2009 justice system reshuffle, he asked
Marcadio to return to take a seat in the reconstituted Court.




6. (SBU) Marcadio is a strong proponent of human rights,
locally known for recently forcing a prominent police official
to free a detainee who was being held without charges in a
village lockup. He is a strong supporter of the rule of law,
and told us he "would not be participating if it wasn't clear
that respect for the law was a priority for EG's leadership."
He blamed ignorance, poverty and lack of information as
contributing to the bad reputation of EG's justice system. He
opined the new law (see PARA 4 above),coupled with improving
information and better education would help the country move
forward. "Until now almost any official of the State could act
as a judge, order detentions and sentence suspects, regardless
of their background and level of education," he said. "This had
to change."

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7. (SBU) Marcadio also informed us that EG's Supreme Court was
comprised of justices with similar educational backgrounds for
the first time since independence. "In the past we had judges
who had trained in Cuba, the USSR, in Latin America, in China --
everywhere. It was the 'tower of Babel.' Now everyone has been
educated in Spain and has the same base. This will improve our
communication and effectiveness," he said.
SMITH