US embassy cable - 04DJIBOUTI1372

UNCLAS DJIBOUTI 001372 
 
SIPDIS 
 
STATE FOR AF AND AF/E; PARIS, LONDON FOR AFRICA WATCHER 
 
E.O. 12958: N/A 
TAGS: PREL, PGOV, DJ 
SUBJECT: BORREL AFFAIR: ATTORNEY GENERAL SUMMONED TO 
FRANCE 
 
1. (U) Summary: French magistrate Bernard Borrel, found 
dead 80 Km north of Djibouti in 1995, has surfaced once 
again in the national media. The Court of Versailles in 
Paris summoned (for September 30th, 2004) Procureur de la 
Republique (Attorney General of Djibouti), Djama 
Souleiman, to present himself before the examining French 
magistrate to respond to a complaint entered by the widow 
of Bernard Borrel. For over ten years the case has 
remained open amid Mrs. Borrel's claims that members of 
the Government of Djibouti assassinated her husband 
because he discovered incriminating information regarding 
the 1990 bombing of the Caf de Paris in Djibouti City. 
Souleiman did not feel obligated to answer the summons 
from the French judge because, he said, "Djibouti is an 
independent and sovereign country." End summary. 
 
2. (U) The government run newspaper, La Nation, ran the 
transcript of an (October 4th, 2004) interview with 
Procurer de la Republique, Djama Souleiman, regarding the 
summons by French magistrates to appear in court for 
testimony in the ongoing Borrel case. Djibouti's Attorney 
General, Djama Souleiman, was called (for Sept.30th) to 
testify in France before the examining judge in the case 
of the apparent murder of Judge Bernard Borrel in 
Djibouti in 1995.  The widow of the deceased brought the 
case to the French courts after a joint Djiboutian-French 
tribunal ruled the cause of death could not be 
determined.  Borrel's widow holds the belief that members 
of the Djiboutian Government assassinated her husband. 
When questioned as to why he did not respond to the 
judge's request, Souleiman said, "French magistrates 
forget easily that Djibouti is an independent and 
sovereign country. They still think that Djibouti is a 
French territory. There is a judicial agreement between 
Djibouti and France since September 27th 1986 and that if 
they want to call me, they have to go through that 
procedure". He highlighted that each country must respect 
the legal procedures of that agreement. 
3. (U) On the issue of whether the media's actions in the 
Borrel affair would damage the case, Souleiman commented 
that the wife of Judge Borrel has decided to believe in 
the assassination thesis although it is a suicide. On the 
other hand, Mr. Souleiman pointed the finger to the 
lawyer of Mrs. Borell, whom in his opinion "has with 
racist condescension created an imaginary country where 
anything can happen." He continued, "These racist 
attitudes find some echoes in certain media's treatment 
of Africa and Africans with contempt." 
4. (U) The approach of Djibouti's next presidential 
election and the sensationalist media coverage of this 
case is linked, according to Souleiman who stated the 
goal of Mrs. Borrel and her lawyers is to destabilize 
Djibouti.  He continued to say, "they will have no 
influence," and admonished the French justice to stay 
impartial. 
5. (U) The question regarding the effect on the relations 
between France and Djibouti elicited a positive answer 
from Souleiman. He stated that the official reactions of 
the French government and the "warlike declarations" of 
Mrs. Borell have to be dissociated. In response to the 
query of how effective the judicial cooperation had been 
between the two countries, Souleiman concluded that 
during the last ten years Djibouti had done everything 
possible to satisfy the French justices. He said, "I know 
of no place in the world that would open the doors of its 
presidency to a foreign institution for investigations 
purposes. We did that. Cooperation in all fields to be 
effective must have some reciprocity". 
6. (SBU) Comment: In the past after the French media has 
brought up the Borrel affair, the Djiboutian national 
media runs stories against France. This occasion the 
government media sources in Djibouti were silent.  There 
are two thoughts as to why the government has not 
responded in the usual manner. First, the French Minister 
of Justice was heard the next day in Radio France 
International (French official radio broadcasted 
worldwide) and highlighted the obligation of presumption 
of innocence and admonished the judges not to hurry in 
any conclusions. Second, the joint statement issued 
recently from the French Defense and Foreign Affairs 
ministries was released clarifying their respective 
positions towards Djibouti and this case. This statement 
seemed to satisfy Djibouti officials.  Embassy lawyer 
Alain Martinet was also called to testify and did agree 
to the request of the French courts.