VZCZCXRO2009
PP RUEHPA
DE RUEHDK #0181/01 0251743
ZNY CCCCC ZZH
P 251743Z JAN 06
FM AMEMBASSY DAKAR
TO RUEHC/SECSTATE WASHDC PRIORITY 4026
INFO RUEHZK/ECOWAS COLLECTIVE PRIORITY

C O N F I D E N T I A L SECTION 01 OF 02 DAKAR 000181 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR AF/W, AF/RSA, DRL/PHD AND INR/AA 
PARIS FOR POL - D'ELIA 
 
E.O. 12958: DECL: 01/25/2016 
TAGS: PHUM PGOV KDEM KJUS SG
SUBJECT: SECK CASE: DOES WADE NOW FEAR A TRIAL? 
 
REF: A. DAKAR 0081 
 
     ¶B. 05 DAKAR 2509 
 
Classified By: CDA ROBERT P. JACKSON FOR REASONS 1.4 (B) AND (D). 
 
SUMMARY 
------- 
¶1.  (C) Six months after his arrest, former Prime Minister 
Idrissa Seck is still in pre-trial detention.  However, on 
January 24, the Government acted on a judge,s recommendation 
to drop the most serious charge against Seck, that of being a 
threat to national security.  This could pave the way for his 
release from prison, pending trial on the original 
corruption/embezzlement of public funds charges and a more 
recent charge of &irregular correspondence.8  Under 
Senegalese law, he can remain in jail for as long as 
investigators deem it necessary.  All those charged with him 
have benefited from conditional release.  In the embezzlement 
case, co-accused former Minister of Construction Salif Ba, 
was detained in a local hospital until his provisional 
release on January 18.  Seck, meanwhile, is detained in 
Dakar's main prison under more severe conditions.  Many 
sources close to the cases indicate the GOS has very slim 
evidence against him, which prevents the staging of trials. 
Wade's recent talks with Seck's closest ally and reports in 
the press indicate he may be looking for a political 
solution.  Seck,s American attorney has told EmbOffs that 
the government,s willingness to negotiate a sentence 
highlights the judiciary,s lack of independence.  END 
SUMMARY. 
 
LAST CO-ACCUSED RELEASED 
------------------------ 
¶2.  (U) In December, Coumba Ngouye Thiam, the police 
inspector who was arrested and charged with complicity in the 
Seck affair, was granted provisional release for medical 
reasons.  Thiam, it has been reported, suffers from severe 
asthma.  On January 20, all charges against her were dropped. 
 After businessman Hassan Fares and journalist Ndary Gueye 
were granted conditional release in August 2005 and Inspector 
Thiam in December, Seck remained the only defendant in jail. 
 
DOUBLE STANDARDS 
---------------- 
¶3.  (SBU) During one session in December, investigation 
judges interrogated Seck for eight hours.  Apparently, 
however, they cannot yet establish his direct responsibility 
in the Thies Public Works embezzlement case.  In one of the 
many paradoxes of the Seck case, Bara Tall, Director General 
of the road company Jean Lefevre was interrogated by the 
judge in relation to the case, but recently won a 
multi-million dollar project to construct the first portion 
of a 50-mile highway between Dakar and Thies. 
 
ARGUMENTS DO NOT HOLD WATER 
--------------------------- 
¶4.  (C) Many claim that Senior Minister of Finance Abdoulaye 
Diop and several high-ranking civil servants responsible for 
approving GOS procurements bear more blame than Seck.  The 
charges filed against Seck are based on a resolution passed 
in the National Assembly.  One Accounting Court judge pointed 
to flaws in the resolution to show that others should bear a 
larger share of the blame.  First, Seck is accused in the 
resolution of authorizing procurements when he had no 
authority to do so.  According to the resolution, he 
authorized certain procurements after procurement powers had 
been transferred to the Minister of Finance.  Close scrutiny 
shows, however, the procedure used to transfer powers to the 
Minister of Finance had not yet been completed when Seck made 
these authorizations.  Seck still held procurement power. 
Thus, there was no basis to this first charge.  The judge 
wondered openly how such a glaring error could escape Seck's 
lawyers. 
 
¶5.  (C) Second, the judge said the resolution improperly 
accused Seck, as Prime Minister at the time, of being 
responsible for the fact that companies selected to implement 
the public works in Thies over-billed the GOS.  Under West 
African Economic and Monetary Union (WAEMU) laws and 
regulations (which are binding on Senegal), Prime Ministers 
are not responsible for public funds and budgetary issues. 
Ministers of Finance are responsible.  Therefore, if it is 
true that companies over-billed the GOS, Seck, as Prime 
Minister, would not have been responsible.  The Minister of 
Finance would have been at fault. 
 
WADE CALLS FOR POLITICAL DIALOGUE 
--------------------------------- 
¶6.  (C) Two weeks ago, President Wade invited Pape Diouf, 
former Cabinet Minister and close Seck ally to a meeting at 
 
DAKAR 00000181  002 OF 002 
 
 
the Presidential Palace, the first time Wade has openly 
initiated dialogue with Seck's group.  A deputy close to Seck 
told PolOff that Wade made no commitment but showed openness 
for dialogue.  This past weekend, media reported that Wade 
told Codel Kolbe he believed Seck was not guilty of being a 
threat to state security (Ref A).  The press also reported 
that Wade delivered this same message to the PDS. 
 
¶7.  (C) Seck,s American attorney has told EmbOffs that the 
Government,s willingness to negotiate a sentence highlights 
the judiciary,s lack of independence. 
 
COMMENT 
------- 
¶8.  (C) Seck is still a dilemma for Wade, who cannot let the 
court free him for lack of evidence without losing face.  On 
the other hand, prosecution might well give a platform to 
Seck to unveil secrets that would undermine Wade's authority. 
 A political solution rubber-stamped by the court seems to be 
Wade,s strategy.  Seck has always indicated he has 
"invested" in PDS, and his main goal, by all accounts, 
remains using the PDS to conquer the presidency.  Now, Seck's 
concern is to keep his credibility intact after public 
accusations of mismanagement.  However, recent media reports 
attributed to certain PDS leaders indicate that Seck would 
never be allowed to return, much less, lead the party. 
Recent constitutional changes, such as coupling the 
legislative and presidential elections in February 2007 and 
possible adoption of a first-pass-the-post system in the 2007 
presidential elections, also increase pressure on Seck's camp 
to carefully reconsider any temptation it may have for an 
alliance with the opposition.  END COMMENT. 
JACKSON