BURKINA FASO: MARCEL KAFANDO, ONLY OFFICIAL SUSPECT IN THE

UNCLAS SECTION 01 OF 02 OUAGADOUGOU 000025

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PINS UV
SUBJECT: BURKINA FASO: MARCEL KAFANDO, ONLY OFFICIAL SUSPECT IN THE
NORBERT ZONGO CASE DIES.

REF: A. 2006 OUAGA 555

B. 2001 OUAGA 361

C. 1999 OUAGA 1768


1. (SBU) SUMMARY: Marcel Kafando, the only official suspect
in the 1998 assassination of well known Burkinabe journalist
Robert Zongo, died in Ouagadougou on December 23rd, possibly
bringing to a close this 11 year old unresolved case. This
case has indirectly pointed the finger to high level
involvement, including the President's security guard, but
also his own younger brother Francois. Zongo supporters hope
investigations will continue despite Kafando's death as there
is a sentiment that justice has not yet been rendered.
Kafando was thought to have been instrumental in two deaths,
that of David Ouedraogo, Francois Compaore's chauffeur, and
that of Norbert Zongo, who investigated the Ouedraogo case.
END SUMMARY.

The case continues?
--------------


2. (SBU) On December 23, Adjudant Chef Marcel Kafando (Chief
Warrant Officer - O2) , former chief of Presidential security
(Regiment Securite Presidentielle - RSP),died of natural
auses, after a log illness, at a private Ouagadouou
clinic. He was the only serious and officialsuspect in the
highly publicized assassination cae of Burkinabe journalist
Norbert Zongo . Zongowas killed alongside three others on
December 13h, 1998 (Note: Kafando was also found guilt of
the torture and manslaughter of David Ouedraogo. End Note.)
In July 2006 Kafando's case was thrown out for lack of
evidence, a move that many qualified as political and clearly
aimed a protecting influential people from judicial scrutiny.
The Zongo case has attracted a great deal of public and
media attention, rallying support from freedom-of-the- press
organizations (such as Reporters without Borders) and both
domestic and international human rights groups, including
Amnesty International.


3. (U) According to a union of democratic organizations who
support the continuation of the Zongo investigation
(Collectif des organizations democratiques de masse et de
partis politique -- CODMIPP),the case, despite Kafando's
death, is not closed, and therefore the judicial proceeding
must continue until all those responsible for the
assassination are identified and tried. The Union argues
that Kafando could not have acted alone and so other
potential suspects are still at large. In a December 2009
communiqu, the CODMIPP asked that an investigation against X
(meaning unidentified suspects) be opened. The case, for
now, is suspended pending new admissible evidence. If no new
information is presented to the judge by July 2016, then the
case will automatically be closed.

Timeline:
--------------


4. (SBU) The Ouedraogo and Zongo cases are closely linked.
Zongo's investigation into Ouedraogo's death led to his own
assassination. The Ouedraogo case is closed, while the Zongo
case remains suspended.

November 1997: Theft of 20 million CFA (about $10,000 USD)
from Francois Compaore's residence (Note: Francois is
President Compaore's younger brother and close political
advisor. He has been named as a potential successor to his
brother as president of Burkina Faso. End note.) Kafando,
head of Blaise Compaore's elite presidential guard, is asked
to investigate the theft despite having no jurisdiction in
this type of case. Two suspects are apprehended who, after
being tortured, admit to the theft but tell investigators
that they gave the stolen money to Francois Compaore's
driver, David Ouedraogo.

December 5, 1997: David Ouedraogo is arrested and taken to
the Presidential Guard's military barracks where he is
detained, questioned, and tortured.

January 18, 1998: David Ouedraogo dies as a result of
injuries sustained during his interrogation.

December 13, 1998: Norbert Zongo, a well known and popular
journalist and director of the "Independent" newspaper is
killed, presumably because he was investigating David
Ouedraogo's assassination. The three other occupants of the
vehicle he was driving are also found dead, shot execution
style, then burned.

December 18, 1998: The GOBF launches and official
investigating commission into Zongo's death and gives it a

OUAGADOUGO 00000025 002 OF 002


$230,000 USD investigation budget.

2000: The Independent Investigating Committee (CEI) names
Kafando as one of six serious suspects in Zongo's death.

August 2000: a military tribunal (held in Ouagadougou) finds
Kafando and other members of the RSP guilty of taking part in
David Ouedraogo's death. He is sentenced to 20 years in jail
and fined 250 million CFA ( /- $125,000 USD). He begins to
serve his sentence in the Ouagadougou city jail. The Zongo
case in which he is a suspect is still ongoing.

2001: Kafando is the only person indicted in Zongo case on
grounds of "assassination" and "voluntarily setting fire to a
vehicle", but a trial date is not set. Kafando's health
deteriorates while serving his sentence and the presiding
judge allows him to leave the city jail and remain instead
under house arrest. He is though to be HIV positive and
needs daily medical attention.

2003: As Kafando's health improves with teatment, the
presiding judge asks judicial authoities to order Kafando to
return to jail, but to no avail. H remains under house
arrest until hisdeath.

July 16, 2006: Because a key witness, climing memory loss,
recants his original testimon implicating Kafando in Zongo's
murder, the judge dismisses the case on grounds of
insufficient evidence of Kafando's involvement.

October 2006: New evidence is presented to the judge in the
Zongo case, but he rules that it is not persuasive enough to
merit re-launching the case.

July, 2016: If the presiding judge rules that no new
evidence has been introduced in the Zongo case by 2016, then
the case is automatically and irrevocably closed (ten year
rule.)


5. (SBU) COMMENT: To reopen the suspended Zongo case, new
and compelling evidence has to be presented to the court by

2016. With Kafando's death it is unlikely that any type of
new information or leads will be collected and presented to
the court and hence the case has little if any chance of
being re-investigated. Francois Compaore's role in both the
Ouedraogo and Zongo cases has not been clearly defined, but
many firmly believe he took an active part in both
assassinations. The general perception in Burkina Faso is
that Kafando's death means the probable closure of the case,
and may leave many feeling that justice has not been
appropriately served.


LAEUCHLI