US embassy cable - 05PARIS1229

UNCLAS SECTION 01 OF 02 PARIS 001229 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL, PGOV, PINR, TO, FR 
SUBJECT: TOGO/FRANCE:  UPDATE ON CHARLES DEBBASCH AND MFA 
STATEMENTS ON TOGO 
 
REF: PARIS 952 
 
 1.  (U)  This message reports (para 2) developments in the 
case of Charles Debbasch (reftel) and (para 3) MFA statements 
on Togo since the February 14 statement reported reftel. 
 
2.  (SBU)  DEBBASCH CASE:  According to a February 24 AFP 
report, the criminal case against Debbasch (a longtime 
advisor of Eyadema who is reportedly now in Togo and who may 
be influencing events there), is progressing.  Debbasch, 
accused of malfeasance in connection with his presidency of 
the Fondation Vasarely, won partial reversal of an earlier 
conviction but a rehearing was ordered.  The prosecutor in 
the rehearing, according to AFP, said he was seeking an 
arrest warrant against Debbasch and for the court hearing the 
case to sentence Debbasch to a mandatory two years in prison. 
 The prosecutor also wants Debbasch to pay a fine of 150,000 
euros.  The court is expected to rule on the case on May 11. 
Debbasch, reportedly still in Togo, was not present at the 
February 24 hearing where the prosecution stated the 
punishment it thought Debbasch deserved.  Instead, he sent a 
medical certificate from Lome explaining that he would be 
unavailable "for three months" because he was suffering 
greatly "from the illness and death of his spouse."  A 
representative of the prosecution said that Debbasch's 
"contemptuous attitude shows that he has no intention 
whatsoever to summit himself to the decisions of the justice 
system." 
 
3.  (U)  The MFA has issued the following statements on Togo. 
 Informal embassy translations follow.  MFA press statements 
can be found at www.diplomatie.fr/pointpress.asp?liste.  The 
site allows viewers to specify the dates of the statements 
they want to view. 
 
MFA Statement of February 24 
---------------------------- 
--  QUESTION:  Why is Paris, unlike the Africans, the 
European Union, Washington, and Berlin, not calling for the 
immediate resignation of Faure Gnassingbe who was put in 
power by the military in violation of the Togolese 
constitution? 
 
--  ANSWER:  Our declarations on Togo are perfectly clear: 
we have not ceased to call for the return of full 
constitutional legality in that country and we have 
constantly supported the positions of ECOWAS.  I refer you 
for further details to my statements of Sunday, February 20. 
 
MFA Statement of February 22 
---------------------------- 
--  QUESTION:  ECOWAS has clearly demanded that Faure 
Gnassinbe leave power; has France's position evolved or does 
it continue to share ECOWAS's position on this matter? 
 
--  ANSWER:  Concerning Togo right now, I think you will have 
seen the communique we published on Sunday, which I believe 
is extremely clear.  The French position centers on very 
strong notions; first, the need for a return to 
constitutional legality in Togo and also the full, entire, 
and resolute support for the action undertaken by ECOWAS, and 
that is where the two points combine, because ECOWAS's action 
is precisely aimed at obtaining a return to full and entire 
constitutional legality in Togo.  We are in contact with all 
our partners in Africa as well as with those in the European 
Union.  And you will have remarked on Sunday, we took 
positive note of the statement by Mr. Faure Gnassingbe, which 
announced presidential elections within a period of 60 days, 
but, at the same time, we deplored the fact that it has not 
been possible yet to find a solution regarding respect for 
the Togolese constitution concerning the devolution of 
temporary presidential power.  In short, to sum up, that is 
our position and we are pursuing permanent contact with our 
different partners on this subject. 
 
--  QUESTION:  Again on Togo, concerning the fact that Faure 
Gnassingbe foresees elections within two months.  Will France 
participate, in one way or another?  What do you foresee? 
Notably, will France or other Europeans send observers to 
ensure the fairness and transparency of the presidential 
elections? 
 
--  ANSWER:  Yes, you've said it, we call for free, 
democratic, and transparent elections.  Now, Mr. Faure 
Gnassingbe's announcement is only two or three days old, so I 
think your question is a bit premature.  But without doubt 
this is an issue for consultation, notably with our ECOWAS 
partners, if not, beyond that, the African Union and 
certainly the European Union, to examine what would be 
appropriate to do and possible to do.  But at this stage, I 
don't have precise elements that allow me to answer you. 
 
MFA Statement of February 20 
---------------------------- 
 
--  Following the measures decided yesterday by ECOWAS 
concerning Togo, France reaffirms its total support for the 
action undertaken by this organization to obtain a return to 
full constitutional legality in that country.  France remains 
in permanent contact with ECOWAS and in close liaison with 
its partners in the European Union and international 
community. 
 
--  We emphasize the importance placed, more than ever, on 
the organization within the time frame set out in the 
Togolese constitution of presidential and legislative 
elections, which should be free, democratic, and transparent, 
in order to put an end to the transition which began with the 
death of President Eyadema.  In this regard, we take positive 
note of Mr. Faure Gnassingbe's declaration announcing 
presidential elections in 60 days. 
 
--  France however deplores that it has not yet been possible 
to arrive at a solution, in full respect of the constitution, 
concerning the devolution of temporary presidential power. 
France calls on Togolese in positions of responsibility to 
follow through without delay to the appeal of ECOWAS, to 
which it continues to give its full support. 
 
MFA Statement of February 18 
---------------------------- 
 
--  Concerning Togo, our position is well known.  We have had 
the chance to express it several times during the past 
several days. 
 
--  France continues to support fully the efforts of ECOWAS, 
which is continuing its consultations.  We hope that these 
consultations succeed as rapidly as possible and result in 
the announcement of a rapid organization of presidential and 
legislative elections that are free, democratic, and 
transparent, in order to put an end to the transition which 
began with the death of President Eyadema and to return to 
the path of democratic legitimacy in Togo. 
 
--  QUESTION:   Are you optimistic concerning Togo?  Do you 
think we are on the way to a return to democracy, a return to 
constitutional norms? 
 
--  ANSWER:  That is the objective we support.  It's the 
objective that the heads of state of ECOWAS are seeking, and 
we support their efforts, we support the consultations they 
are holding, and we hope that they succeed as rapidly as 
possible. 
 
--  QUESTION:  What do you think of the role of Charles 
Debbasch, a French national who seems to advise the Eyadema 
family? 
 
--  ANSWER:  I have had the chance to express our views on 
Professor Debbasch, who is in Togo in his personal capacity 
and who, as a consequence, only involves himself individually. 
 
MFA Statement of February 16 
---------------------------- 
--  QUESTION:  Seven radio and two television stations, 
considered as being close to the opposition, have been shut 
down for one week in Togo.  What is your reaction? 
 
--  ANSWER:  France, as you know, is very attached to the 
freedom of the press in all places and in all circumstances. 
When we advocate a return to legality in Togo, this principle 
clearly applies as well to the freedom of the press. 
 
End MFA Press Statements. 
Wolff