Identifier
Created
Classification
Origin
09NIAMEY43
2009-01-27 16:37:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Niamey
Cable title:
EMBASSY RECEIVES ATTY LETTER AND ANOTHER DIPLOMATIC NOTE
how-toVZCZCXYZ0006 RR RUEHWEB DE RUEHNM #0043/01 0271637 ZNR UUUUU ZZH R 271637Z JAN 09 FM AMEMBASSY NIAMEY TO RUEHC/SECSTATE WASHDC 4818 RHMFIUU/DEPT OF JUSTICE WASHINGTON DC RUEHAR/AMEMBASSY ACCRA 0505 RUEHDK/AMEMBASSY DAKAR 1954
UNCLAS NIAMEY 000043
DEPT FOR AF/W, AF/RSA, AND L/DL
PLS PASS USAID FOR CG
ACCRA FOR USAID/WA
DAKAR FOR USAID RLA - H CRUZ-HUBBARD
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: AMGT KLIG PGOV EAID USAID US NG
SUBJECT: EMBASSY RECEIVES ATTY LETTER AND ANOTHER DIPLOMATIC NOTE
RE USAID SEPARATION OF FSN EMPLOYEES CASE
Ref: a) 08 Niamey 00736, b) State 01087, c) 08 State 963411
UNCLAS NIAMEY 000043
DEPT FOR AF/W, AF/RSA, AND L/DL
PLS PASS USAID FOR CG
ACCRA FOR USAID/WA
DAKAR FOR USAID RLA - H CRUZ-HUBBARD
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: AMGT KLIG PGOV EAID USAID US NG
SUBJECT: EMBASSY RECEIVES ATTY LETTER AND ANOTHER DIPLOMATIC NOTE
RE USAID SEPARATION OF FSN EMPLOYEES CASE
Ref: a) 08 Niamey 00736, b) State 01087, c) 08 State 963411
1. (U) On January 22, post received a diplomatic note and a letter
from an attorney representing the former USAID FSN employees
pertaining to a longstanding USAID issue concerning the separation
of FSN employees when the USAID mission closed more than 10 years
ago. The attorney also submitted 18 articles of evidence to the
plaintiffs' dossier.
2. (SBU) The translation of the diplomatic note is as follows
(unofficial Embassy translation):
(Begin text)
UNOFFICIAL TRANSLATION
REPUBLIC OF NIGER
NIAMEY, JANUARY 21, 2009
--------------
MINISTRY OF FOREIGN AFFAIRS AND COOPERATION
--------------
DIVISION OF JUDICIAL AFFAIRS AND DISPUTES
--------------
DIVISION OF SPECIAL STATUTES AND ANALYSIS OF DISPUTES
NO. 000500/MAE/C/DAJC/DSPAC2
The Ministry of Foreign Affairs and Cooperation of the Republic of
Niger presents its compliments to the Embassy of the United States
of America and has the honor to refer to its own Diplomatic Notes
No. 06693/MAE/C/DAJC/DSPAC2 dated September 26, 2008, and No. 07255/
MAE/C/DAJC/DSPAC1 concerning the matter of USAID against its former
employees' case, and has the honor to transmit the following
conclusions and articles of evidence the attorney of the interested
parties intends to add to the Court of Appeals' file.
Furthermore, the Ministry would like to bring to the Embassy's
attention the following:
According to a letter dated January 10, 2009 that the Counsel
transmitted to the Ministry, it was notified that the file was
pending in front of the Court of Appeals of Niamey, and will be
appealed on hearing on January 22, 2009 to be held at the Palace of
the aforementioned Court located on Tillaberi Road.
Moreover, USAID had dismissed its lawyer, and would no longer be
represented in justice due to lack of a new counsel.
And, the interested party, who already has consented to three (3)
adjournments by USAID, and since no reaction from USAID or the
Embassy has been recorded for the next hearing, justice will
certainly pronounce the decision by default.
In that perspective, the Ministry would be grateful to the Embassy
for having taken the necessary measures in order to avoid hindering
the action of justice.
The Ministry of Foreign Affairs and Cooperation of the Republic of
Niger avails itself of this opportunity to renew to the Embassy of
the United States of America the assurance of its highest
consideration.
EMBASSY OF THE UNITED STATES OF AMERICA
NIAMEY
(End text)
3. (SBU) The text of the attached letter from an attorney
representing the former USAID FSN employees is as follows
(unofficial Embassy translation):
(Begin text)
OFFICE OF LAWYER MANO SALAOU
B.P. 12 120, 396, Rue GM7 BALAFON,
Perpendiculaire au Boulevard de l'Indpendance, NIAMEY - NIGER
TEL./FAX : 20 73 40 06 E.mail : monamphi@yahoo.fr
Lawyer Mano Salaou, JD in Law, Cel. 96 96 40 35
Lawyer Moussa ASSOUMANE, Cel. 96 50 21 64
Niamey, January 10, 2009
Our reference: 016/SBS/05
Your reference: Embassy of the United States of America
CASE: BOUBACAR ADAMOU AND 65 OTHERS AGAINST USAID
Your Excellency, Madam Ambassador,
I have the honor to transmit to you the enclosed conclusions and
articles of evidence that I will add to the Courts' file in favor of
Boubacar ADAMOU and his 65 colleagues.
The file will be called during the hearing of the Court of Appeals
on January 22, 2009 to be held at the Palace of the aforementioned
Court located on Tillaberi Road.
During the latest hearing, the adjournment has been done for USAID
and the Federation of the United States. Since you have dismissed
your counsel, I am obliged to communicate directly with you.
Please let the Court know if you intend to hire a new lawyer.
If there is no reaction from your part, the case will be judged by
default against USAID and the Federation of the United States.
Please accept the expression of my highest consideration.
/s/Lawyer Mano SALAOU
Attachments: 1 statement and 18 articles of evidence.
(End text)
4. (SBU) The 18 articles of evidence added to the former USAID FSN
employees' dossier by their attorney will be scanned and sent to
L/DL and USAID RLA Cruz-Hubbard for review. The documents include
items of correspondence on the case, principally from USAID or the
Ministry of Labor.
5. (SBU) Background: USAID RLA Haven-Cruz Hubbard traveled to
Niamey in October 2008 to review the documentation related to this
case and meet with the local attorney that had represented USAID in
numerous court actions over the past ten years. RLA subsequently
requested and received a formal update and opinion on the April 2002
Nigerien Supreme Court decision in this case. RLA instructed the
local attorney to represent USAID at a hearing before the Court of
Appeals originally scheduled for October 9, 2008, but postponed
until November 6, 2008. The local attorney informed the court at
that time that he was no longer authorized to represent USAID in
this case.
6. (SBU) Comment: USAID RLA subsequently drafted a diplomatic note
in response to the GON's previous diplomatic note, dated September
26, 2008, which is currently with L/DL for clearance pending
consultation with USAID/CG and DOJ. This draft diplomatic note
advises the GON that the USG is informed and believes that it made
sufficient and proper payments to all of its employees as of the
time each was separated. The note confirms that USAID local counsel
in Niger prepared an opinion advising that the opinion of the
Supreme Court of Niger is still valid and due to the sovereign
immunity the U.S. Government remains immune from suit in Nigerien
courts. The note also asks that all communications on these matters
cease and desist and advises that any further written correspondence
on this subject will be returned unanswered to the MFA.
ALLEN
DEPT FOR AF/W, AF/RSA, AND L/DL
PLS PASS USAID FOR CG
ACCRA FOR USAID/WA
DAKAR FOR USAID RLA - H CRUZ-HUBBARD
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: AMGT KLIG PGOV EAID USAID US NG
SUBJECT: EMBASSY RECEIVES ATTY LETTER AND ANOTHER DIPLOMATIC NOTE
RE USAID SEPARATION OF FSN EMPLOYEES CASE
Ref: a) 08 Niamey 00736, b) State 01087, c) 08 State 963411
1. (U) On January 22, post received a diplomatic note and a letter
from an attorney representing the former USAID FSN employees
pertaining to a longstanding USAID issue concerning the separation
of FSN employees when the USAID mission closed more than 10 years
ago. The attorney also submitted 18 articles of evidence to the
plaintiffs' dossier.
2. (SBU) The translation of the diplomatic note is as follows
(unofficial Embassy translation):
(Begin text)
UNOFFICIAL TRANSLATION
REPUBLIC OF NIGER
NIAMEY, JANUARY 21, 2009
--------------
MINISTRY OF FOREIGN AFFAIRS AND COOPERATION
--------------
DIVISION OF JUDICIAL AFFAIRS AND DISPUTES
--------------
DIVISION OF SPECIAL STATUTES AND ANALYSIS OF DISPUTES
NO. 000500/MAE/C/DAJC/DSPAC2
The Ministry of Foreign Affairs and Cooperation of the Republic of
Niger presents its compliments to the Embassy of the United States
of America and has the honor to refer to its own Diplomatic Notes
No. 06693/MAE/C/DAJC/DSPAC2 dated September 26, 2008, and No. 07255/
MAE/C/DAJC/DSPAC1 concerning the matter of USAID against its former
employees' case, and has the honor to transmit the following
conclusions and articles of evidence the attorney of the interested
parties intends to add to the Court of Appeals' file.
Furthermore, the Ministry would like to bring to the Embassy's
attention the following:
According to a letter dated January 10, 2009 that the Counsel
transmitted to the Ministry, it was notified that the file was
pending in front of the Court of Appeals of Niamey, and will be
appealed on hearing on January 22, 2009 to be held at the Palace of
the aforementioned Court located on Tillaberi Road.
Moreover, USAID had dismissed its lawyer, and would no longer be
represented in justice due to lack of a new counsel.
And, the interested party, who already has consented to three (3)
adjournments by USAID, and since no reaction from USAID or the
Embassy has been recorded for the next hearing, justice will
certainly pronounce the decision by default.
In that perspective, the Ministry would be grateful to the Embassy
for having taken the necessary measures in order to avoid hindering
the action of justice.
The Ministry of Foreign Affairs and Cooperation of the Republic of
Niger avails itself of this opportunity to renew to the Embassy of
the United States of America the assurance of its highest
consideration.
EMBASSY OF THE UNITED STATES OF AMERICA
NIAMEY
(End text)
3. (SBU) The text of the attached letter from an attorney
representing the former USAID FSN employees is as follows
(unofficial Embassy translation):
(Begin text)
OFFICE OF LAWYER MANO SALAOU
B.P. 12 120, 396, Rue GM7 BALAFON,
Perpendiculaire au Boulevard de l'Indpendance, NIAMEY - NIGER
TEL./FAX : 20 73 40 06 E.mail : monamphi@yahoo.fr
Lawyer Mano Salaou, JD in Law, Cel. 96 96 40 35
Lawyer Moussa ASSOUMANE, Cel. 96 50 21 64
Niamey, January 10, 2009
Our reference: 016/SBS/05
Your reference: Embassy of the United States of America
CASE: BOUBACAR ADAMOU AND 65 OTHERS AGAINST USAID
Your Excellency, Madam Ambassador,
I have the honor to transmit to you the enclosed conclusions and
articles of evidence that I will add to the Courts' file in favor of
Boubacar ADAMOU and his 65 colleagues.
The file will be called during the hearing of the Court of Appeals
on January 22, 2009 to be held at the Palace of the aforementioned
Court located on Tillaberi Road.
During the latest hearing, the adjournment has been done for USAID
and the Federation of the United States. Since you have dismissed
your counsel, I am obliged to communicate directly with you.
Please let the Court know if you intend to hire a new lawyer.
If there is no reaction from your part, the case will be judged by
default against USAID and the Federation of the United States.
Please accept the expression of my highest consideration.
/s/Lawyer Mano SALAOU
Attachments: 1 statement and 18 articles of evidence.
(End text)
4. (SBU) The 18 articles of evidence added to the former USAID FSN
employees' dossier by their attorney will be scanned and sent to
L/DL and USAID RLA Cruz-Hubbard for review. The documents include
items of correspondence on the case, principally from USAID or the
Ministry of Labor.
5. (SBU) Background: USAID RLA Haven-Cruz Hubbard traveled to
Niamey in October 2008 to review the documentation related to this
case and meet with the local attorney that had represented USAID in
numerous court actions over the past ten years. RLA subsequently
requested and received a formal update and opinion on the April 2002
Nigerien Supreme Court decision in this case. RLA instructed the
local attorney to represent USAID at a hearing before the Court of
Appeals originally scheduled for October 9, 2008, but postponed
until November 6, 2008. The local attorney informed the court at
that time that he was no longer authorized to represent USAID in
this case.
6. (SBU) Comment: USAID RLA subsequently drafted a diplomatic note
in response to the GON's previous diplomatic note, dated September
26, 2008, which is currently with L/DL for clearance pending
consultation with USAID/CG and DOJ. This draft diplomatic note
advises the GON that the USG is informed and believes that it made
sufficient and proper payments to all of its employees as of the
time each was separated. The note confirms that USAID local counsel
in Niger prepared an opinion advising that the opinion of the
Supreme Court of Niger is still valid and due to the sovereign
immunity the U.S. Government remains immune from suit in Nigerien
courts. The note also asks that all communications on these matters
cease and desist and advises that any further written correspondence
on this subject will be returned unanswered to the MFA.
ALLEN