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C O N F I D E N T I A L SECTION 01 OF 03 FREETOWN 000409 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR CA/OCS/ACS/AF:LHOOVER; AF/FO, AF/W, AF/RSA 
USUN FOR A. HILLMAN 
 
E.O. 12958: DECL: 05/23/2016 
TAGS: CASC PINS KCRM PREL PHUM KDEM KAWC SL
SUBJECT: RE-ARRESTED: AMCIT ACCUSED OF TREASON 
 
REF: FREETOWN 390 
 
Classified By: Charge d'Affairs James A. Stewart 
 
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Summary 
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¶1. (C) On May 16, one day after a magistrate judge released 
American Citizen Michael Chemidlin and three Sierra Leoneans 
held on charges of conspiracy and treason for taking 
photographs of the Special Court for Sierra Leone, police 
re-arrested Chemidlin and two of the three Sierra Leoneans. 
The men are accused of conspiracy, the only one of the three 
original charges the magistrate judge did not dismiss out of 
hand.  The Government sent the case to a different court, 
clearly signaling that it wants the case to go forward, but 
the conspiracy charge itself is a hazy one.  If the 
Government gets its way, the preliminary investigation will 
proceed.  Investigations here frequently last for months, and 
this one could go to the High Court for trial, which could 
drag it out even longer.  Chemidlin,s case is making local 
(and international) news, but local public opinion has not 
yet condemned him.  This could change in the near future 
given the prosecution,s assertion, echoed in some local 
press, that Chemidlin,s actions were part of a "terrorist 
plot" to free Charles Taylor.  While it is still too early to 
say for certain, it appears that the Government will indeed 
get its wish for a long, drawn out preliminary investigation. 
 In the mean time, Chemidlin will have to bide his time at 
Pademba Road Prison, known for its overcrowding, unhygienic 
conditions, lack of access to food, and insufficient medical 
attention.  End Summary. 
 
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Chemidlin Re-Arrested 
--------------------- 
 
¶2. (SBU) On May 16, one day after Magistrate Judge Adrian 
Fisher released American Citizen Michael Chemidlin and three 
Sierra Leoneans held on charges of conspiracy and treason, 
police re-arrested Chemidlin and two of the three Sierra 
Leoneans when they returned to CID headquarters to retrieve 
their personal effects. 
 
---------------------- 
Conspiracy to Do What? 
---------------------- 
 
¶3. (U) Chemidlin and his associates, Collins Kamara and Felix 
Rogers, are now shuttled between Freetown's Pademba Road 
Maximum Security Prison and Magistrate Court Number 1 to face 
one charge - "conspiracy to engage in a purpose prejudicial 
to the interests of Sierra Leone contrary to the law." 
 
¶4. (U) The conspiracy charge is the only one of the original 
three that Fisher did not strike down, and the Government is 
within its rights to re-charge the accused. (Note: The 
Criminal Procedures Act of 1965 states that even "if a 
magistrate judge considers that the evidence against the 
accused is not sufficient to put him at his trial... such 
discharge shall not be a bar to any subsequent charge in 
respect of the same facts." End Note.) 
 
¶5. (SBU) It is clear that the Government wants Chemidlin,s 
case to go forward and the prosecution believes Magistrate 
Judge Samuel Margai is the man for the job: our Embassy 
attorney advised that even on the day of the first hearing, 
the government tried to transfer Chemidlin,s file from 
Fisher,s court to Margai,s court.  Fisher did not go along, 
and later discharged the case.  Whether Margai will do the 
same remains to be seen; however, he refused a May 19 request 
for bail. 
 
¶6. (SBU) The conspiracy charge is hazy.  Prosecutors clearly 
intend the conspiracy to refer to spying, which is punishable 
under the Treason and State Offenses Act, but included no 
reference to spying or to the Act in the charges.  Section 6 
of the Act provides punishment up to 15 years for a person 
who: "(a) enters, approaches, inspects, passes over or is in 
the neighborhood of, any prohibited place; or (b) makes any 
sketch, plan, model or note which is calculated or might be 
or is intended to be directly or indirectly useful to any 
enemy; or (c) obtains, collects, records or publishes or 
communicates to any other person any secret official code 
word, or pass word or any sketch, plan, model, article, or 
 
FREETOWN 00000409  002.2 OF 003 
 
 
note or other document or information which is calculated to 
be, or might be or is intended to be directly or indirectly 
useful to an enemy." 
 
¶7. (SBU) Prosecutors originally charged Chemidlin with 
section 6(b) of the Act, which Fisher dismissed because he 
ruled that the Special Court for Sierra Leone - the facility 
that Chemidlin photographed - is not a "prohibited place." 
(Comment: Fisher's judgement was in apparent disregard of the 
"or" clauses between the subparagraphs of Section 6.  End 
Comment). 
 
-------------------------------------------- 
Preliminary Investigation: Could Take Months 
-------------------------------------------- 
 
¶8. (U) Chemidlin,s attorney spent two days in court voicing 
his objections to the conspiracy charge.  Once Margai has 
heard the prosecution,s rebuttal to the defense objections, 
he will rule on whether the case should proceed to the 
preliminary investigation (PI) stage.  PI,s, which also take 
place in the magistrate courts, involve the presentation of 
evidence and the calling of witnesses and can take months. 
Once the PI is complete, the judge decides whether to refer 
the case to the High Court for trial based on the nature of 
the charges, where the presentation of evidence and witnesses 
starts all over again.  Meanwhile, Chemidlin and the others 
remain in custody at Pademba Road, a facility built for 324 
that reportedly houses over 900 and is known for its 
unhygienic conditions, lack of access to food, and 
insufficient medical attention. 
 
¶9. (SBU) The Treason and State Offenses Act does not appear 
to require a high standard of proof in order to convict 
someone suspected of spying.  The prosecution may not even 
have to prove that Chemidlin knew what he was doing at the 
time.  Chemidlin could be convicted if, "from the 
circumstances of the case...it appears that his purpose was a 
purpose prejudicial to the safety or interests of the state" 
(Treason and State Offenses Act, para 6(2)). 
 
¶10. (SBU) While the Attorney General can submit an 
application for a PI to be transferred to the High Court 
before it is complete (a "136 procedure"), the Embassy,s 
attorney understands that the Government has no intention to 
do so in Chemidlin,s case. 
 
------------------------------------------ 
News Echoes Prosecutor Claims of Terrorism 
------------------------------------------ 
 
¶11. (U) On May 22, Chemidlin,s case was front-page news in 
three local newspapers.  All three echoed the prosecutor,s 
comments made when he was objecting to the defense,s 
application for bail.  The prosecutor called Chemidlin a 
terrorist.  The accused only came to Sierra Leone after 
Charles Taylor,s arrival, he said, so was there not an 
attempt to break Taylor out of detention?  Resulting 
headlines were: "American Plans Terrorist Tactic to Free 
Charles Taylor" - Awareness Times (pro-government daily); 
"American Citizen Described as Terrorist Rescuer" - Sierra 
News (pro-government daily); and "The American Alleged Spy is 
a Terrorist - State Counsel" - Awoko (independent daily). 
International wires continue to keep tabs on the case as 
well, although resulting headlines predictably were less 
provocative. 
 
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Comment 
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¶12. (C) It is difficult to foresee how the case will go 
forward, given the logic of the first judge,s dismissal. 
However, it appears clear that high-level Government 
officials (at least at the Attorney General level if not 
higher) want to see Chemidlin,s case dragged out in court. 
They certainly have the law - and probably a sympathetic 
magistrate - on their side.  The bar to conviction is low if 
all the State has to prove is the appearance of a purpose 
prejudicial to the state.  Ordinary Sierra Leoneans have not 
yet condemned Chemidlin, as the most frequent comment heard 
is that the Court should post signs around the Special 
Court,s walls saying "photography prohibited."  The Special 
Court has not taken a public position on the issue, leaving 
matters to the local authorities, as should be the case.  As 
the investigation proceeds, however, the prosecution,s 
 
FREETOWN 00000409  003 OF 003 
 
 
assertion that Chemidlin,s activity was part of a plot to 
spring ex-President of Liberia and Special Court indictee 
Charles Taylor from detention may gain traction.  End 
Comment. 
STEWART