US embassy cable - 04DJIBOUTI595

C O N F I D E N T I A L SECTION 01 OF 02 DJIBOUTI 000595 
 
SIPDIS 
 
DEPT. FOR LOYE HOWELL, KINSHASA FOR DAPHNE TITUS 
 
E.O. 12958: DECL: 04/19/2014 
TAGS: CMGT, KJUS, CASC, CJAN, PHUM, PREL, ECON, EINV, KISL, DJ 
SUBJECT: JUSTICE REROUTED, AMCIT SENTENCED 
 
REF: A. DJIBOUTI 110 
     B. DJIBOUTI 133 
 
Classified By: CONOFF CHASE BEAMER FOR REASON 1.4 (D) 
 
SUMMARY 
--------- 
 
1. (U) U.S. Citizen Alan Funk (PPT# 156160695) has received a 
six month suspended prison sentence and a 1.6 million DF 
(U.S.$9,040) fine from the Djiboutian court of appeals for 
his role in a March 2000 traffic accident in which a 
Djiboutian man was killed.  Funk was absolved of any 
wrongdoing in the same case by a criminal court in November 
of 2000.  The overturning of the case four years later 
appears to involve serious and fraudulent misapplications of 
justice by the Djiboutian court of appeals.  If the decision 
stands upon second appeal to the Djiboutian Supreme Court USG 
intervention may be required to protect the rights of this 
American Citizen.  End Summary. 
 
THE ACCIDENT AND INITIAL VERDICT 
-------------------------------- 
 
2. (U) American Citizen Warden Alan Funk (PPT# 156160695), an 
employee of International Development Relief Board (IDRB), a 
non-governmental organization, was sentenced to six months 
suspended imprisonment and 1.6 million DF (U.S.$9,040) in 
damages by a Djiboutian appeals court on April 17, 2004 for 
his role in a March, 2000 traffic accident in which a man was 
killed.  The sentence comes nearly four years after Funk was 
found innocent by a criminal court of any wrongdoing in 
November of 2000.  Funk's local attorney has appealed,  to 
the Djiboutian Supreme Court, the appeals' court overturning 
and subsequent sentencing. 
 
3. (U) Funk reported to Conoff that in March of 2000, despite 
his best efforts to avoid contact, the car he was driving 
struck and killed a Djiboutian pedestrian on the Route 
D'Arta, the only paved road departing Djibouti City.  Funk 
claims the man he struck was naked, deranged, and wandering 
aimlessly along the fast moving road.  Funk claims he later 
heard that the man had been chained to a tree in his family's 
compound before escaping to wander onto the highway. 
Eyewitness testimony by a Djiboutian citizen presented to the 
criminal court was largely responsible for his acquittal in 
November of 2000. 
 
4. (U) Funk received notice on April 17 that the Djiboutian 
court of appeals had overturned the criminal court's 2000 
decision.  According to Funk's legal council, French citizen 
Alain Martinet (note: also Post's legal retainer), the 
aggrieved party (the deranged man's family) had two years to 
file an appeal to the criminal court's decision.  When Funk's 
legal council raised this with the Appeals Court, the Appeals 
Court responded that the "registry had been lost" and thus it 
was impossible to say when the appeal had been filed.  Funk 
believes the family is upset that they have not received any 
compensation for the death as they might have under 
traditional Somali conflict resolution practices and so now 
want to seek damages in civil court.  Funk's acquittal in 
2000 makes it nearly impossible for the family to win any 
damages in civil court but if this appeals court conviction 
stands, the family's case in civil court would be much 
stronger. 
 
POLITICAL BACKDROP 
------------------ 
 
5. (C) This case is the second apparent misapplication of 
justice (see reftels) at the appeals court level in Djibouti. 
 At the behest of Exxon-Mobil, post had encouraged the 
Djiboutian government to remove or otherwise sanction several 
corrupt appeals court judges.  Post received strong but 
informal messages from the Minister of Justice, the Minister 
of Foreign Affairs, and the Minister of the Presidency that 
"the matter will be taken care of."  To date, post has seen 
no positive governmental action on the matter.  To the 
contrary, two of the most notorious judges were recently 
named to head the controversial "cours de contentieux."  This 
is the branch of the appeals court which handles abuses of 
power and the post had been vacant for some eight years as 
highlighted in the Department's 2003 Human Rights Report on 
Djibouti. 
 
COMMENT 
------- 
 
6. (C) In light of recent Embassy approaches to Djiboutian 
officials on the urgent need for judicial reform, this 
seemingly mundane traffic "manslaughter" is notable.  Four 
years after his acquittal, in a case that resembles 
Exxon-Mobil's problems with forged court records and lost 
files, this respected American Citizen Warden who has worked 
in East Africa for over 20 years is convicted and sentenced 
by the very court at the heart of Embassy concerns.  We can 
only speculate whether this apparent miscarriage of justice 
is also motivated by showing the Embassy who defines the 
"rule of law" in Djibouti.  Regardless, we will continue 
working with Exxon-Mobil on their case, and wait to see if 
this case must be added to our grievance list. End comment. 
RAGSDALE