Cablegate: Niger: Update On Civil Society Activist Case

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RR RUEHMA RUEHPA
DE RUEHNM #0593/01 2261303
ZNR UUUUU ZZH
R 141303Z AUG 09
FM AMEMBASSY NIAMEY
TO RUEHC/SECSTATE WASHDC 5259
INFO RUEHZK/ECOWAS COLLECTIVE
RHMFISS/HQ USAFRICOM STUTTGART GE
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UNCLAS SECTION 01 OF 02 NIAMEY 000593

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E.O. 12958: N/A
TAGS: PGOV PHUM KDEM SOCI NG
SUBJECT: Niger: Update on Civil Society Activist Case

Ref: Niamey 584

NIAMEY 00000593 001.2 OF 002

1. Summary: Shortly after his release from Niamey prison on August
11 (reftel), Marou Amadou, President of the United Front for the
Protection of Democratic Gains (FUSAD), forcibly was taken away by
the Nigerien Intervention and Security Forces (FNIS), then brought
back to prison before being transferred to the judicial police for
questioning on new charges. On August 13, Amadou appeared before
the investigating judge, who determined that he should remain in
custody pending further investigation of the case. End summary.

2. Late in the afternoon of August 11, after Amadou completed some
paperwork regarding his release from Niamey prison, about 20 FNIS
guards in two pick-up trucks (apparently under the Minister of
Interior's orders) forcefully embarked him and drove off him. The
FNIS did not produce a warrant for arrest nor did they inform
Amadou's lawyers. (Note: Making arrest does not fall in the realm
of FNIS responsibilities. End note.) When the lawyers made an
inquiry to the state prosecutor, the latter said she was not aware
of Amadou's removal by the FNIS. Much later, his lawyers and fellow
rights activists found out that Amadou was taken to Koutoukale
maximum security prison. According to them, the FNIS made three
round trips to Koutoukale with Amadou lying down in the bed of the
vehicle and then returned him to Niamey prison at about 9:30 p.m.
After that, the judicial police removed him again from the prison to
put him in custody at their headquarters. The same night the police
had a physician examine him. The physician advised them that Amadou
was weak and could not withstand further interrogation, and required
rest.

3. Late in the evening of August 11, Minister of Communication and
Government Spokesperson Mohamed Ben Omar told an international radio
journalist that the state prosecutor had appealed the judge's
decision to release Amadou. (Note: It appears that Amadou was
temporarily released from prison, in application of the court
decision, only to be re-arrested immediately by the police in order
to start a new case. End note.) One of Amadou's attorneys told
Embassy staff that the defense would request the prosecutor to
implement the judge's decision by releasing Amadou, notwithstanding
the appeal. They indicated that if she failed to do so, they would
sue her before a higher jurisdiction for "failure to implement a
final court decision."

4. On August 13, the judicial police resumed their questioning on
new charges against Amadou - "operating a non-authorized
organization." The same day, Marc Le Bihan, one of Amadou's
lawyers, gave an interview on Dounia TV. He was asked about torture
and responded that Amadou "wasn't tortured," but was injured and
bruised by multiple high-speed truck rides on the rough road to and
from Koutoukale prison, and mentally "abused" by not knowing where
he was being taken, as well as suffering from a lack of sleep.

5. Lawyers claimed that Amadou could defend himself from the new
charges of "operating a non-declared association." They contended
that each of the associations that make up the FUSAD is legally
recognized and has official authorization to conduct its activities.
They pointed out that the Alliance of Forces for Democracy and the
Republic (AFDR) - the ruling coalition - and several other
organizations which supported President Tandja's extension plans and
carried out a campaign for the "illegal referendum," are also
"non-declared associations."

6. On August 13, Amadou appeared before the investigating judge at
the Niamey Tribunal. After a five-hour interrogation, the judge
decided to put him under preventive detention, pending further
investigation of the case. Police immediately transported him to
Koutoukale maximum security prison, located at 45 kilometers
northwest of Niamey. A trial date has not been set. (Comment:
There are rumors that the state prosecutor did not appeal the
judge's August 11 decision to release Amadou immediately, but that
the Executive pressed her to do so rather belatedly. End comment.)

7. Marou's lawyers said that they would file a lawsuit for
"kidnapping, duress, failure to execute a court decision, and
breaching the freedom of an individual." On August 13, the
Independent Reflection and Orientation Committee for the Protection
of Democratic Gains (CROISADE), a member of FUSAD, issued a
statement condemning Amadou's predicament. CROISADE reminded the
Government of Niger of its obligation to protect basic human rights,
namely the freedom of expression and the freedom of association. It
also stated that it would file a complaint before national and
international jurisdictions for its leader's "abduction,
deportation, and duress."

NIAMEY 00000593 002.2 OF 002

ALLEN

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