US embassy cable - 05KINSHASA1329

UNCLAS KINSHASA 001329 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR AF/C - PLEASE PASS TO M. ASHRAF 
PARIS FOR AFRICA WATCHER 
 
FROM BRAZZAVILLE EMBASSY OFFICE 
 
E.O. 12958: N/A 
TAGS: ASEC, PGOV, PHUM, AEMR, AMGT, KJUS, CF 
SUBJECT:  CONGO/B:  BEACH TRIAL VERDICT EXPECTED TODAY; EAC 
CONVENED TO DISCUSS POST SECURITY 
 
1. (SBU) Summary. A verdict is expected today in the trial 
of 15 of the country's senior security officials over the 
disappearance of more than 350 political refugees in events 
referred to as 'the affair of the missing at the beach' or 
the 'beach' case. Post recognizes that there is some 
possibility of unrest if some (or all) of the defendants are 
found culpable for the alleged crimes. Post convened the EAC 
to ensure that all appropriate precautionary measures are 
taken. End summary. 
 
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Verdict Expected Today 
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2. (SBU) Post has identified two likely potential verdicts. 
In the first instance, none of the defendants are found 
guilty for the alleged crimes.  In this case, post officials 
and local security contacts do not/not anticipate unrest as 
likely as those who would be dissatisfied with such an 
outcome have neither expressed militant intent nor 
demonstrated any significant level of organization. 
 
3. (SBU) The other possible verdict is that some (or all) of 
the defendants will be found culpable for the allegations. 
In this case, the post recognizes limited potential for 
unrest among some of those in the military who may view such 
a verdict as threatening their perceived immunity from 
prosecution.  The EAC agrees that although some unrest is 
possible it is unlikely.  In addition, the relatively 
professional police force is equally as unlikely to be co- 
opted on a widespread basis by such individuals. 
 
4. (SBU) The EAC agrees that the situation should be closely 
monitored, but that post's current security posture is 
sufficient to react to any potential unrest. 
 
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Background 
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4. (U) On July 20, 2005, after a one-day delay due to 
procedural problems, 15 top military and police officials 
accused of genocide in the disappearances (and alleged 
murders) of over 350 Congolese political refugees in 1999 
went on trial in a civilian court.  Among the defendants are 
some of the country's highest-ranking security officials. 
They are accused of genocide, crimes against humanity, and 
war crimes.  The refugees were allegedly killed in 1999 as 
they returned from neighboring Democratic Republic of Congo 
where they had fled in 1998 to escape the then-civil war in 
the Republic of Congo (ROC).  When the returning refugees 
arrived at Brazzaville's river port known as ''The Beach'' 
they were arrested (and never seen in public again) on 
suspicion of being supporters of a militia known as the 
Ninjas. 
5. (SBU) Congo has come under considerable pressure from 
donor nations to make progress towards good governance and 
the rule of law.  This trial, which has military and 
security officials appearing before a civilian court, may be 
an important step in this direction.  Human rights 
organizations and the families of 353 people who went 
missing at Brazzaville beach have backed this trial. 
Regardless of the verdict, however, some of the commentary 
in the print media has questioned the legitimacy of the 
process and whether justice will be served. 
6. (U) Brazzaville Embassy Office - Anderson 
MEECE