Cablegate: Angola: Update On Padepa - Fighting Its Sentencing

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RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHLU #1305 3621604
ZNR UUUUU ZZH
R 281604Z DEC 06
FM AMEMBASSY LUANDA
TO RUEHC/SECSTATE WASHDC 3556
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

UNCLAS LUANDA 001305

SIPDIS

SENSITIVE
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E.O. 12958: N/A
TAGS: PGOV PREL KDEM PHUM AO
SUBJECT: ANGOLA: UPDATE ON PADEPA - FIGHTING ITS SENTENCING

REFTEL: LUANDA 01196

1. (SBU) Summary. As noted in reftel, 27 members of PADEPA
(Democratic Support and Progress Party) were arrested and then
heavily fined for their roles in a protest march. A leading local
NGO, Maos Livres, has appealed the fines and petitioned the Supreme
Court to remove the judge in question for overstepping his judicial
authority. While the case is still pending, the rapid action by the
judge and the relatively heavy fines applied could dampen the
enthusiasm of opposition groups to challenge the government. End
summary.

2. (SBU) The president of local human rights NGO Maos Livres
Carlos Leitrao told P/E chief that Maos Livres has petitioned the
Angolan Supreme Court to review the cases of the arrests of the
twenty-six would-be demonstrators and of Party Secretary General
Silva Cardoso for contempt of court. It is also charging that Judge
Bento Damasio acted over-zealously, misinterpreting the scope of
Angolan law, and with a politically motivated agenda in evaluating
the cases. Maos Livres has also petitioned the Supreme Court to
remove Damasio from office.

3. (SBU) Maos Livres feels confident that the Supreme Court will
rule favorably on its behalf. It previously petitioned successfully
to have a judge in Lunda Norte province removed from office whom
Maos Livres claims had similarly overstepped the law in adjudicating
a case. Background: As related in reftel, twenty PADEPA supporters
were detained and jailed for intending to demonstrate in front of
the French Embassy on November 09, 2006. During court proceedings,
MAOS Livres alleges that the judge badgered defendants, prompting
PADEPA Secretary General Cardoso to leave the court in protest at
which point he was jailed for contempt of court. End Background.

4. (SBU) Carlos Leitrco said that Maos Livres president David Mendes
personally paid the fines of the twenty-six PADEPA party members who
were sentenced to one month's prison for disturbing the peace. In
addition, the judge sentenced PADEPA Secretary General Silva Cardoso
to six months for contempt of court. Angolan law allows for any
sentence of six months or less to be converted to a fine, thus the
twenty-six were assessed fines of two thousand USD each and the Secy
general a fine of three thousand USD. If the Supreme Court rules in
favor of Maos Livres/PADEPA, the money paid in fines will be
returned.

3. Comment: While the initial arrest generated some media interest,
the furor has died down. PADEPA and Maos Livres allege that the
fines levied, totaling USD 55,000, are excessive given Angola's
relatively low per capita GDP. They also allege that the judge
overstepped his legal authority in the manner in which he questioned
and sentenced the defendants. The GRA argues that the individuals
broke the law and received punishment within the letter of the law.
However, the alacrity of the GRA response and the relative severity
of the fines may make other opposition groups think twice before
attempting similar protests against the government. End Comment.
FERNANDEZ

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