VZCZCXRO2672
RR RUEHMA RUEHPA
DE RUEHNM #0593/01 2261303
ZNR UUUUU ZZH
R 141303Z AUG 09
FM AMEMBASSY NIAMEY
TO RUEHC/SECSTATE WASHDC 5259
INFO RUEHZK/ECOWAS COLLECTIVE
RHMFISS/HQ USAFRICOM STUTTGART GE
RUEKJCS/SECDEF WASHDC
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UNCLAS SECTION 01 OF 02 NIAMEY 000593 
 
DEPT FOR AF/W, AF/RSA, AND DRL/EA 
PARIS FOR AF WATCHER 
PLS PASS TO USAID FOR AFR/W 
 
SIPDIS 
 
E.O. 12958:  N/A 
TAGS: PGOV PHUM KDEM SOCI NG
SUBJECT:  Niger: Update on Civil Society Activist Case 
 
Ref:  Niamey 584 
 
NIAMEY 00000593  001.2 OF 002 
 
 
¶1. Summary:  Shortly after his release from Niamey prison on August 
11 (reftel), Marou Amadou, President of the United Front for the 
Protection of Democratic Gains (FUSAD), forcibly was taken away by 
the Nigerien Intervention and Security Forces (FNIS), then brought 
back to prison before being transferred to the judicial police for 
questioning on new charges.  On August 13, Amadou appeared before 
the investigating judge, who determined that he should remain in 
custody pending further investigation of the case.  End summary. 
 
¶2. Late in the afternoon of August 11, after Amadou completed some 
paperwork regarding his release from Niamey prison, about 20 FNIS 
guards in two pick-up trucks (apparently under the Minister of 
Interior's orders) forcefully embarked him and drove off him.  The 
FNIS did not produce a warrant for arrest nor did they inform 
Amadou's lawyers.  (Note:  Making arrest does not fall in the realm 
of FNIS responsibilities.  End note.)  When the lawyers made an 
inquiry to the state prosecutor, the latter said she was not aware 
of Amadou's removal by the FNIS.  Much later, his lawyers and fellow 
rights activists found out that Amadou was taken to Koutoukale 
maximum security prison.  According to them, the FNIS made three 
round trips to Koutoukale with Amadou lying down in the bed of the 
vehicle and then returned him to Niamey prison at about 9:30 p.m. 
After that, the judicial police removed him again from the prison to 
put him in custody at their headquarters.  The same night the police 
had a physician examine him.  The physician advised them that Amadou 
was weak and could not withstand further interrogation, and required 
rest. 
 
¶3. Late in the evening of August 11, Minister of Communication and 
Government Spokesperson Mohamed Ben Omar told an international radio 
journalist that the state prosecutor had appealed the judge's 
decision to release Amadou.  (Note:  It appears that Amadou was 
temporarily released from prison, in application of the court 
decision, only to be re-arrested immediately by the police in order 
to start a new case.  End note.)  One of Amadou's attorneys told 
Embassy staff that the defense would request the prosecutor to 
implement the judge's decision by releasing Amadou, notwithstanding 
the appeal.  They indicated that if she failed to do so, they would 
sue her before a higher jurisdiction for "failure to implement a 
final court decision." 
 
¶4. On August 13, the judicial police resumed their questioning on 
new charges against Amadou - "operating a non-authorized 
organization."  The same day, Marc Le Bihan, one of Amadou's 
lawyers, gave an interview on Dounia TV.  He was asked about torture 
and responded that Amadou "wasn't tortured," but was injured and 
bruised by multiple high-speed truck rides on the rough road to and 
from Koutoukale prison, and mentally "abused" by not knowing where 
he was being taken, as well as suffering from a lack of sleep. 
 
¶5. Lawyers claimed that Amadou could defend himself from the new 
charges of "operating a non-declared association."  They contended 
that each of the associations that make up the FUSAD is legally 
recognized and has official authorization to conduct its activities. 
 They pointed out that the Alliance of Forces for Democracy and the 
Republic (AFDR) - the ruling coalition - and several other 
organizations which supported President Tandja's extension plans and 
carried out a campaign for the "illegal referendum," are also 
"non-declared associations." 
 
¶6. On August 13, Amadou appeared before the investigating judge at 
the Niamey Tribunal.  After a five-hour interrogation, the judge 
decided to put him under preventive detention, pending further 
investigation of the case.  Police immediately transported him to 
Koutoukale maximum security prison, located at 45 kilometers 
northwest of Niamey.  A trial date has not been set.  (Comment: 
There are rumors that the state prosecutor did not appeal the 
judge's August 11 decision to release Amadou immediately, but that 
the Executive pressed her to do so rather belatedly.  End comment.) 
 
¶7. Marou's lawyers said that they would file a lawsuit for 
"kidnapping, duress, failure to execute a court decision, and 
breaching the freedom of an individual."  On August 13, the 
Independent Reflection and Orientation Committee for the Protection 
of Democratic Gains (CROISADE), a member of FUSAD, issued a 
statement condemning Amadou's predicament.  CROISADE reminded the 
Government of Niger of its obligation to protect basic human rights, 
namely the freedom of expression and the freedom of association.  It 
also stated that it would file a complaint before national and 
international jurisdictions for its leader's "abduction, 
deportation, and duress." 
 
NIAMEY 00000593  002.2 OF 002 
 
 
 
ALLEN