VZCZCXRO1216
RR RUEHMA RUEHPA
DE RUEHBP #0112/01 0551656
ZNR UUUUU ZZH
R 241656Z FEB 09
FM AMEMBASSY BAMAKO
TO RUEHC/SECSTATE WASHDC 0060
INFO RUEHZK/ECOWAS COLLECTIVE

UNCLAS SECTION 01 OF 02 BAMAKO 000112 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP VERONICA ZEITLIN 
 
E.O. 12958: N/A 
TAGS: PHUM KCRM KJUS KTIP PGOV ML
SUBJECT: JUDICIAL AUTHORITIES IN KITA DISCUSS 2008 CHILD 
TRAFFICKING CASE 
 
REF: A. 08 BAMAKO 00312 
     ¶B. 08 BAMAKO 00707 
     ¶C. BAMAKO 00077 
 
1.(SBU) Summary:  In a meeting with the Embassy on February 
11, the public prosecutor and trial court judges from the 
western town of Kita discussed the March 2008 arrest and 
ongoing prosecution of three child traffickers.  Our 
discussion underscored the level of confusion surrounding 
this case as the prosecutor and judges originally maintained 
that the three traffickers had been transferred to the prison 
in Kayes, when in fact a local judge granted the traffickers 
pre-trial release just a few months after their arrest in 
¶2008.  The prosecutor later amended his response to confirm 
that, in fact, the three suspects remain on provisional bail, 
their specific whereabouts likely unknown.  Discussing other 
matters of concern, the jurists described the dangers of the 
broad powers accorded rural Malian Justices of the Peace, the 
evident lack of attorneys outside of Bamako, and the need to 
build adequate prisons in rural locales.  End Summary. 
 
-------------------------------- 
Child Trafficking Case Confusion 
-------------------------------- 
 
2.(SBU) On February 11 the public prosecutor for the Circle 
of the western town of Kita and four of Kita's five sitting 
judges on the local trial court met with the Embassy to 
discuss the 2008 case of three individuals suspected of child 
trafficking.  The three suspects, with 26 children in their 
control, were arrested by authorities in Kita in March 2008 
(Ref. A).  All but two of these children were trafficked from 
neighboring Guinea and were repatriated through assistance 
from the Malian government and local NGOs.  A few months 
later, however, a Malian judge in Kita released the three 
trafficking suspects from custody pending trial (Ref. B). 
Nearly one year after their arrest, no trial date has been 
set and the three suspects remain at large. 
 
3.(SBU) Kita's new public prosecutor, Husseini Cisse, 
initially told the Embassy on February 11 that the same group 
of three traffickers had not been released but rather 
transferred to a prison in the regional capital of Kayes to 
await judgment and sentencing.  When pressed by the Embassy 
for further details, however, Mr. Cisse conferred with his 
deputy and then corrected this statement, agreeing that, in 
fact, the suspects been released pending trial in 2008.  Mr. 
Cisse's assistant added that the investigating judge at the 
time decided that no crime had been committed but that Mr. 
Cisse's predecessor, Mahamoud Mauloud Najim, disagreed with 
this decision and reintroduced the charges, on behalf of the 
Malian government, with the Court of Appeals in Kayes.  When 
asked about the current whereabouts of the three trafficking 
suspects, Mr. Cisse and his deputy confirmed that the 
individuals were no longer in Kita.  They said the suspects 
were believed to be located in a neighborhood on the 
outskirts of Bamako but could provide no further details. 
 
------------------------------------------- 
Judge and Jury: Rural Justices of the Peace 
------------------------------------------- 
 
4.(SBU) Four of Kita's five sitting judges explained to the 
Embassy what they described as the dangers of rural Justices 
of the Peace - an innovation which enables one individual to 
serve as prosecutor, judge, and jury.  Mali relies on 
Justices of the Peace in underserved rural areas as a 
substitute for trial courts.  The Kita judges complained that 
Justices of the Peace wield too much power and said Mali 
needed to urgently revisit this system.  The judges noted 
that the inadequacies of the Justice of the Peace system was 
well known to Malian Ministry of Justice and legal 
professionals and said Mali was hoping to establish enough 
trial courts to serve all of Mali's communes, thereby paving 
the way for the eventual elimination of the Justice of the 
Peace system.  With 703 local communes, however, Mali's trial 
court project is likely an extremely long-term endeavor. 
 
------------------- 
Shortage of Lawyers 
------------------- 
 
5.(SBU) Kita's judges and prosecutor also raised access to 
the justice system in rural areas as a serious human rights 
concern.  Most rural Malians, they noted, have limited and 
inadequate access to legal recourse due, in large part, of a 
dearth of lawyers in rural areas and the inability of local 
Malians to afford the few lawyers that are available (Ref. 
C).  The judges and prosecutor in Kita observed that there is 
 
BAMAKO 00000112  002 OF 002 
 
 
not a single lawyers office in Kita, which is one of the 
largest towns in western Mali.  According to a 1998 census, 
an estimated 280,000 people live within the Administrative 
Circle of Kita.  Only residents with sufficient means to hire 
an attorney from Bamako are represented by an attorney in 
court in Kita.  The jurists admitted that the majority of 
litigants in their court represent themselves.  This is 
significant, the jurists explained, because Malian judges are 
generally not allowed to apply relevant law - such as 
international treaties - to a case unless the litigant 
advances the argument. 
 
6.(SBU) One of the Kita judges suggested that the Malian 
government could easily solve the lack of rural access to 
lawyers if it so desired.  First, the government could 
provide a financial incentive to lawyers willing to work in 
rural areas.  Or, as an alternative the government could 
require that all new attorneys graduating from faculties of 
law work in rural areas for a certain period of time as a 
prerequisite for entering the profession of law. 
 
7.(SBU) The jurists also explained the role of customary 
(traditional) law in the Malian judicial system. 
Essentially, the written law always trumps a conflicting rule 
of customary law, but written law frequently makes reference 
to customary law and directs that the resolution of certain 
types of conflicts be resolved by the rules of customary law 
in the region in question.  This is particularly true for 
disputes over land ownership and inheritance.  Furthermore, 
customary law can be used to fill gaps in the written law - 
to provide a means of decision for a judge who would 
otherwise be called upon to fill the gap with his personal 
preference.  Customary law is, therefore, considered a 
legitimate source of law in Mali, alongside the written law. 
 
---------------------------- 
Prison Conditions Inadequate 
---------------------------- 
 
8.(SBU) The Kita jurists expressed concern that the prison 
facilities in Kita were inadequate.  Specifically, although 
women and children are housed in cells separate from the men, 
Kita does not have a separate prison for women and children, 
as does Bamako.  The jurists stated that this is a concern 
"for anyone who cares about human rights" and obliquely 
suggested that a western power might have the means to 
finance the construction of a new facility, since Mali itself 
lacks the resources.  One of the Kita judges suggested that 
an exchange or training program for Malian lawyers and judges 
would be beneficial, allowing the Malian judge to learn the 
mechanics of another system of justice, and to take away from 
that experience "a synthesis" of the best of both worlds. 
 
------------------------------ 
Comment: Easier Said than Done 
------------------------------ 
 
9.(SBU) The three child traffickers arrested in March 2008 
remain at large and it is unclear when, if ever, they will be 
called to account.  A plan to eventually retire the Justice 
of the Peace system is a positive move, although Mali's 
chronic shortage of funds makes it unlikely that this system 
will be scrapped anytime soon.  Nevertheless, it is 
reassuring that Malian jurists and authorities recognize the 
threat posed by investing the powers of indictment, 
prosecution, and judgment in one single individual.  The same 
likely holds for the shortage of lawyers in rural areas and 
improvement of rural detention centers - recognizing the 
problem is one thing, but finding the resources and political 
will to address the issue is something entirely different. 
MILOVANOVIC