VZCZCXYZ0001
RR RUEHWEB

DE RUEHLC #0189/01 1121635
ZNR UUUUU ZZH
R 211635Z APR 08
FM AMEMBASSY LIBREVILLE
TO SECSTATE WASHDC 0299

UNCLAS LIBREVILLE 000189 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR AF/C AND AF/FO 
 
E.O. 12958:N/A 
TAGS: PGOV PREL PHUM GB
SUBJECT:  AMBASSADOR'S COMMENT ON GABON'S 2008 TIP RANKING 
 
Ref:  LIBREVILLE 0179 
LIBREVILLE 0146 
 
¶1. (SBU) Allow me to weigh in personally on the question of Gabon's 
TIP ranking.  I am sorry that I was away presenting credentials in 
Sao Tome last week when much of the dialogue on this issue 
occurred. 
 
¶2. (SBU) Gabon's TIP record is not perfect, but a fair reading of 
its record in 2007 shows significant improvement.  I will try to 
avoid repeating evidence that we have previously submitted (reftels) 
and focus on new information that we have been able to gather. 
 
¶3. (U) We respectfully request that the Department consider the 
following points: 
 
--Gabon's record on prevention is good:  public awareness campaigns, 
an appropriate legal framework, vigorous intervention in regional 
fora on trafficking issues, a well-used governmentfunded call 
center to report suspected traffickig, good follow-up by the police 
and relevant minstries. 
 
--Gabon's record on protection is also ery good:  four well-run 
reception centers, one f which is government-owned, and very close 
goverment collaboration (including extensive police assstance) 
with the centers run by NGOs. 
 
--Polic are also instrumental in forcing suspected traffikers to 
pay the cost of repatriation (up to USD 000). 
 
--We just learned this weekend that the goernment assisted in the 
repatriation of approximtely 160 victims last year (we had not 
previousl provided this number).  These repatriations repreent a 
significant commitment of government resouces, particularly by the 
police 
 
--Gabon's record of "investigation, prosecution, conviction andsentencing" needs to be considered within the broaer context of the 
Gabonese legal system. 
 
--Th government arrested 16 suspected traffickers in 207.  Five 
(some of whom were physically handicapped) were released on what 
were essentially humaniarian grounds.  Three escaped.  Eight more 
are in detention while the courts investigate the charges against 
them. 
 
--We do not have a clear picture of the status of 22 persons 
arrested prior to 2007.  However, we believe that all of these 
persons are still in the prosecution process. 
 
--The nature of criminal investigation and prosecution in Gabon 
differs significantly from the U.S. legal system. 
 
--Shortly after arrest, a judge (not the police, not "prosecutors") 
takes over the case and begins an investigation.  The judge has 
broad authority to order the detention of a person while the 
investigation proceeds. 
 
--The purpose of the investigation is to establish the facts of the 
case.  If at any point the judge believes that there is no basis for 
holding the arrested person, the person is released.  Continued 
detention is therefore a reflection of the fact that the judge, 
considering the evidence that is being gathered, believes that there 
is a credible case.  The judicial investigation, and the associated 
detention of arrested persons, is therefore an integral part of the 
prosecution process in Gabon. 
 
--The prosecution/judicial investigation process is still underway 
for most of the persons arrested so far for trafficking offenses in 
Gabon.  In the case of the 2007 arrests, for instance, the eight 
arrested persons have now been in jail for 10 months.  This is very 
close to the "one year" minimum penalty the Department suggests for 
persons convicted of trafficking.  Those arrested in 2006 have been 
in jail longer than one year. 
 
--Detention during investigation is sanctioned by the courts, 
consistent with due process, and also a de facto punishment. 
Pretrial detention is limited to six months for a misdemeanor and 
one year for a criminal offense (such as trafficking).  The 
detention period may be extended for six months by the examining 
judge, who does so on the basis that the investigation is continuing 
to develop credible evidence against the accused. 
 
--When the examining judge completes an investigation--a process 
that can take months or even years--he or she then recommends 
whether or not the case should go forward to a tribunal.  A 
different judge (the "president") presides over the tribunal. 
 
--Concerning Gabon's commitment to arrest, investigate, prosecute 
and convict, we can conclude the following:  At minimum, Gabon is 
vigorously arresting, investigating and prosecuting trafficking 
cases.  The lack of "convictions" is largely a function of Gabon's 
protracted legal system. These cases are not being processed more 
quickly, or more slowly, than others in the legal system. 
 
--There is, as we have reported, a proposal to dedicate judges for 
two-year terms to work on trafficking and related cases in an effort 
to process these cases more quickly. 
 
---------- 
CONCLUSION 
---------- 
 
¶4.  (SBU) Taken together, Gabon's law enforcement efforts represent 
a serious commitment of government resources to combating the 
trafficking problem.  This includes a serious commitment to recoup 
the cost of repatriation from suspected traffickers, and to 
prosecute the most egregious cases.  Moreover, a close examination 
of the Gabonese legal system reveals a serious commitment to keeping 
suspects against whom there is well-founded, judicially-reviewed 
evidence of involvement in trafficking in jail and off the streets 
until the cases are resolved. 
 
REDDICK