US embassy cable - 05PARIS952

C O N F I D E N T I A L SECTION 01 OF 03 PARIS 000952 
 
SIPDIS 
 
E.O. 12958: DECL: 02/14/2015 
TAGS: PREL, PGOV, KDEM, PINR, TO, FR 
SUBJECT: TOGO:  FRENCH SUPPORTERS OF EYADEMA INVOLVED IN 
SUCCESSION ISSUE; FURTHER STATEMENTS BY MFA 
 
REF: LOME 148 
 
Classified By: Political Minister-Counselor Josiah Rosenblatt for reaso 
ns 1.4 (b/d). 
 
1.  (C)  SUMMARY:  Reftel notes the current involvement of 
two French figures in the succession controversy following 
Togolese President Eyadema's death, Charles Debbasch and 
Michel Scarbonchi.  Both are well-known longtime supporters 
and advisors of the former President, and both have had 
recent legal problems involving charges of financial 
improprieties.  The MFA on February 11 and 14 made further 
statements about the situation in Togo, the latter mentioning 
Debbasch and stressing that his involvement in Togo was 
strictly on a personal basis.  END SUMMARY. 
 
2.  (C)  Both French lawyer Charles Debbasch and former 
French European Parliament Deputy Michel Scarbonchi have been 
actively involved in Togo's affairs for a number of years, 
Debbasch occupying a position of influence as an advisor to 
former President Eyadema, and Scarbonchi described as the 
Togo regime's "lobbyist" at the European Parliament.  As 
noted below, Debbasch has previously worked on succession 
issues for the Eyadema regime, may be offering similar advice 
to the new regime, and may/may have provided guidance when 
the Constitution was "revised" shortly after Eyadema's death 
to accommodate Faure Gnassingbe's accession to power.  Based 
on reftel and on a number of press reports surfacing since 
Eyadema's death, both appear to want to maintain influence 
with the new regime and evidently traveled to Togo in haste 
after Eyadema's death.  The following bio data provide 
background on the two and may shed light on their activities 
and motivations. 
 
3.  (U)  CHARLES DEBBASCH:  According to publicly available 
bio data, Debbasch was born in Tunis in 1937 and has had a 
long career as a lawyer.  He teaches law at the University of 
Law, Economy, and Political Science at Aix-Marseille, where 
he has been honorary dean of the faculty of law and political 
science since 1973, and honorary president since 1978.  He 
served as a technical counselor in the secretariat of the 
French Presidency from 1978-1981 (during Giscard d'Estaing's 
presidency).  He has taught and lectured at several other 
institutions over the years.  Debbasch is an editor and 
advisor at "Jeune Afrique-l'Intelligent."  He has also served 
as the legal counselor of the President of Togo since 1993. 
Debbasch has written numerous books and articles and has 
received many awards and decorations. 
 
4.  (SBU)  Debbasch had apparently worked earlier with 
Eyadema on succession issues.  In October 2003, he was 
reportedly exploring ways to revise or devise an 
interpretation of Togo's constitution that would allow 
Eyadema's son to succeed him in the event of the president's 
death or incapacity.  At issue then was Article 65 of the 
constitution, which is the same provision in question now 
that Eyadema has died and his son has been named to succeed 
him, 
 
5.  (SBU)  Debbasch has had a number of legal problems that 
some have attempted to link to his connections with Togo. 
From 1981-1991, he was president of the Fondation Vasarely, 
dedicated to the artist Victor Vasarely.  In December 2002, 
Debbasch stood trial after being accused by Vasarely's family 
of "breach of trust," the family claiming that some 42 
million FF (then worth about 5.75 million USD) was missing 
from the foundation and that seven major paintings by 
Vasarely had disappeared.  Debbasch had succeeded in delaying 
the trial for six years, but according to a December 2002 
press report, would "have to give the judge of the . . . 
court an explanation about the transfer of 2.3 million FF to 
the Swiss bank account of a Panama-based company as well as 
important deposits in cash made in the bank account of his 
mistress, renovation works in his house, the financing of a 
local radio station, travels to Hong Kong and salaries to 
several secretaries all paid by the Foundation." 
 
6.  (SBU)  Although apparently having succeeded in delaying 
the trial, Debbasch attempted to quash it by pleading that 
the case had gone on too long.  This motion was rejected by 
the European Court of Human Rights in December 2002, after 
which his trial began.  Debbasch was convicted in January 
2003 and sentenced to three years, including one year of 
mandatory prison time.  However, press reports indicate that 
in August 2004, the case was partially reversed on appeal, 
including the prison sentence.  The appellate court ruled 
that Debbasch should be retried by another panel of judges. 
The present status of the case is not clear.  At the time of 
the partial reversal, Debbasch continued to assert that he 
was the victim of the Vasarely family's machinations and that 
the family was guilty of whatever misdeeds took place. 
 
7.  (SBU)  During the time of Debbasch's legal problems with 
the Vasarely family, investigators reportedly discovered an 
account in Luxembourg connected to Debbasch, which held 1.2 
million Euros.  This account was apparently opened in 1997, 
when the investigation into the Vasarely case was beginning 
to accelerate.  A press report in Le Parisien (April 19, 
2003) states that the Luxembourg account was transferred to 
an associate of Debbasch in April 2002 and appeared to 
contain sums representing "honoraria" paid to Debbasch by the 
government of Togo along with possible funds connected to the 
Vasarely affair. 
 
8.  (U)  Le Figaro reports that Debbasch arrived in Lome on 
Sunday, February 13, apparently to advise Faure Gnassingbe. 
Le Figaro noted that he arrived on Sunday even though Togo's 
borders were officially closed, which "indicated the 
importance of Charles Debbasch to the presidential entourage." 
 
9.  (U)  MICHEL SCARBONCHI:  Scarbonchi, until recently a 
French Deputy of Corsican origin to the European Parliament, 
is also a long-standing supporter of the Eyadema regime. 
Scarbonchi represented the Paris suburb of St. Germain en 
Laye at the Parliament.  One Togo-related media source 
(ufctogo.com) described him as "a lobbyist of Eyadema at the 
European Parliament" but claimed that he had little 
influence.  Then-Deputy Scarbonchi in October 2003 called for 
the EU to resume without delay its cooperation with Togo.  He 
stated then that "in order to have democracy, a country must 
live normally.  But with the EU sanctions, this country is 
impoverished and the people are made hungry.  We should no 
longer practice this type of policy, which is shown to have 
its limits." 
 
10.  (SBU)  Scarbonchi too has had his legal problems.  In 
May 2003, when he was still a European Parliament Deputy, 
Scarbonchi was investigated for financial improprieties 
allegedly involving local VAT funds.  There is no indication, 
however, that further legal proceedings against him took 
place regarding this matter. 
 
11.  (U)  MFA ON TOGO (February 11) (informal Embassy 
translation): 
 
BEGIN TEXT: 
 
--  After the death of President Eyadema, France affirmed the 
need to maintain respect for the law.  France expressed its 
concern in this regard by recalling the importance it places 
on the rapid organization of free and democratic elections, 
in order to bring to an end the transition that has thus been 
opened. 
 
--  France also signaled the need to pursue the process of 
democratization, initiated under the aegis of President 
Eyadema, within the framework of dialogue between Togo and 
the European Union. 
 
--  In this context, we support the position of ECOWAS and 
the decision at the special summit at Niamey, to send to 
Lome, this very day, a high-level delegation.  France will 
take into account with great attention the recommendations 
that will be made by the Chiefs of State of the West African 
countries who have received their mandate from ECOWAS for 
their trip to Lome. 
 
--  QUESTION:  Just one question on Togo  How would you 
qualify the status of the present government?  You say a 
transition has been opened but so long as no elections have 
been organized, no free and transparent elections, it is 
beyond legality, beyond the law of any sort? 
 
--  ANSWER:  It's not for me to qualify this juridically. 
What is clear is that one must maintain respect for legality 
and that, effectively, one must rapidly organize free and 
democratic elections.  I cannot say anything more, but you 
will have all the same observed the text of the declaration 
yesterday of the European Union on this subject, which, 
clearly, involves also France. 
 
END TEXT. 
 
12.  (U)  MFA ON TOGO (February 14) (informal Embassy 
translation): 
 
BEGIN TEXT: 
 
--  QUESTION:  Can you restate France's position regarding 
Togo?  What is the role of Professor Debbasch? 
 
--  ANSWER:  I will restate for you France's position, 
already expressed several times by the Presidency of the 
Republic and the Quai d'Orsay. 
 
--  Holding presidential and legislative elections that are 
free and democratic, within the shortest time-frame, is the 
only way to allow a return to the path of legality. 
 
--  ECOWAS, whose position we support fully, is today seized 
with this difficult issue.  It is ECOWAS's responsibility to 
define the precise modalities for the process of overcoming 
the crisis. 
 
--  As for Mr. Debbasch, this involves a professor of law, of 
French nationality, who represents only himself and who is in 
Togo in a personal capacity. 
 
--  QUESTION:  Does France envision sanctions against the new 
regime in Togo, after the condemnations expressed in Paris 
and by ECOWAS, notably denouncing the illegality of the 
succession following President Eyadema's death? 
 
--  ANSWER:  As I just said, we fully support the positions 
of ECOWAS. 
 
END TEXT. 
 
13.  (U)  Abidjan minimize considered. 
Leach