VZCZCXRO2241
PP RUEHPA
DE RUEHNM #0460 1211352
ZNY CCCCC ZZH
P 301352Z APR 08
FM AMEMBASSY NIAMEY
TO RUEHC/SECSTATE WASHDC PRIORITY 4277
INFO RUEHZK/ECOWAS COLLECTIVE PRIORITY
RUZEHAA/CDR USEUCOM INTEL VAIHINGEN GE PRIORITY
RHMFISS/CDR USEUCOM VAIHINGEN GE PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY C O N F I D E N T I A L NIAMEY 000460 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 04/30/2013 
TAGS:    
SUBJECT: NIGERIEN BAR ASSOCIATION PRESIDENT ON HUMAN RIGHTS 
 
REF: (A) NIAMEY 364 (NOTAL) (B) NIAMEY 196 (NOTAL) 
 
Classified By: Donald W. Koran, DCM, reasons 1.4 (b/d) 
 
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Summary 
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 1. (U) In an April 30 meeting with the DCM, Nigerien Bar 
Association president Moussa Coulibaly reviewed the status of 
the case against two journalists (ref A) and the December 9 
incident in the north (ref B).  Coulibaly is the lawyer 
defending the journalists, and he represents the families of 
the people killed in the December 9 incident.  He also 
claimed that the GON is overstepping its authority under the 
state of alert in the north. 
 
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The Journalists 
--------------- 
 
 2. (C) Coulibaly claimed that the real reason the GON charged 
Moussa Kaka of RFI and Ibrahim Manzo Diallo of Air Info with 
conspiring with the MNJ was to stifle reporting on the north. 
He said that Diallo was freed in February pending trial, and 
that the case was "on standby."  Coulibaly recalled that the 
trial judge in Kaka's case dismissed as inadmissible the 
phone intercepts allegedly linking Kaka to the MNJ because 
they were obtained illegally.  An appeals court overturned 
that decision, and assigned a new trial judge to the case. 
It also denied a request to release Kaka pending trial. 
Coulibaly explained that phone intercepts require a warrant, 
but the GON has never established the procedures for 
obtaining one, making any intercepts inadmissible.  In any 
event, he contended, the intercepts do not prove that Kaka 
conspired with the MNJ. The supreme court's review of the 
appeals court decision is tentatively scheduled for May 8. 
 
 
 
----------------------- 
The December 9 killings 
----------------------- 
 
 3. (C) Coulibaly claimed the GON has made no effort to 
investigate the killings of 7 people (6 civilians and an 
off-duty police officer) between Agadez and Bilma on December 
 9.  On December 24 Coulibaly filed on behalf of the families 
of the victims a complaint with the Ministry of Defense (MOD) 
alleging that unnamed persons tortured and murdered the 
people.   He explained that any legal action against soldiers 
requires MOD concurrence, and it was clear that soldiers had 
committed the killings.  (The GON admitted at the time that 
soldiers were responsible, but claimed that it was a case of 
mistaken identity.)  In March Coulibaly sent a letter to the 
MOD asking about the case.  The MOD responded that the 
Gendarmerie had investigated the matter and provided a report 
of the investigation to the prosecutor in Agadez.  Coulibaly 
said the report merely reflected the families' complaint 
rather than an investigation.  On April 29 he sent another 
letter to the MOD acknowledging receipt of the MOD's letter, 
but disputing the MOD's claim that there had been an 
investigation.  In the letter, Coulibaly said he complained 
about the MOD's delay in addressing the matter and threatened 
to take it to a regional or international court if he does 
not receive a satisfactory response within two weeks. 
Coulibaly said he was considering bringing the case to the 
ECOWAS court.  Coulibaly said that the original complaint was 
filed against unknown persons because at the time he did not 
know the identities of the soldiers, but he now knows who 
they are. 
 
------------------ 
The State of Alert 
------------------ 
 
 4. (C) Coulibaly complained that the GON is overstepping its 
rights under the state of alert that has been in effect in 
the north since last August.  He contended that the measure 
only gives the military police powers.  It does not otherwise 
abridge fundamental rights such as the right to be charged 
within a certain period. 
ALLEN