ANB-BIA SUPPLEMENT

ISSUE/EDITION Nr 329 - 01/09/1997

Mali

Conspiracy between justice and politics

by Alexis Kalambry, Mali, June 1997

THEME = JUSTICE

INTRODUCTION

Certain legal proceedings involving politicians,
gives the impression they're just an excuse to put opposition politicians
out of the way for some time

Mady Diallo and several other military personnel were arrested in October 1996, accused of an attempted coup d'etat. While in prison, Diallo fell sick and was sent to France for treatment. During his convalescence in France, he made caustic remarks over Radio France Internationale, against the ruling party which, he says, "is hounding an opposition politician". (i.e. himself). Mr.Diallo is an influential member of the Patriotic Movement for Renewal (MPR), which has inherited the mantle of the former single-party (now forbidden by law). He returned to Mali on 5 March 1997. The Examining Magistrate of Kati is looking into his case.

"Mao"'s Case

Mr.Mohamed Lamine Haïdara, known as "Mao", was taken in for questioning on the 31 March and imprisoned. He was the MPR candidate for Area II of Bamako District in the parliamentary elections. So when he was imprisoned, there was a general outcry by the MPR who described it as "a political trial". Mao is an important backer for the MPR and extremely popular in the district. He's accused of fraud, misappropriation of public funds and falsifying public documents. The last two accusations are criminal cases.

Misappropriation of public funds is an offence committed by a civil servant, whereby he accepts money for a job that is normally free. Those who commit this offence, risk prison for 5 to 10 years, if the offence involves amounts over 50,000 CFA francs, and 2 to 5 years if the amount involved is less. The penalty for falsifying public documents could be anything from 5 to 20 years imprisonment.

Mao's case is still under investigation. He will appear in court in Dioila, about one hundred kilometres from Bamako. This is because being a mayor, he is also an officer with the Criminal Investigation Department, and so must stand trial in a court other than his own.

The events at Niamakoro

The 11 May presidential elections took place in a climate of tension, because of demonstrations, meetings and orders from the Opposition to boycott the elections. Some opposition members ignored their own leaders who were urging non-violence. On Election Day, they tossed an explosive grenade among the crowd in Niamakoro market, (a suburb of Bamako), causing death and injury. Fodé Coumaré, a boy of 15 died, and Drissa Sidibé (16) and Bacary Bagayoko (65) were injured.

Following police investigations, 12 people were detained and appeared in court. Among them were Amadou Alassane Cissé, a MPR candidate for the parliamentary elections; Mamadou Ba Traoré, a candidate for the Union of the Democratic and Popular Forces (UDFP), another opposition party. The main accusations against them were: murder; association with known criminals; wilful assault; battery. The punishment for murder is death. For associating with known criminals, the penalty is between 5 to 20 years hard labour.

The "Kéniéba Affair"

Mr.Dougatié Dembélé was determined to see that his party's instruction to boycott the elections, was observed. He did his utmost to stop people voting in Kéniéba, a mining region in the south of the country, because the local people were active members of his party. When he refused to leave the polling station, he was taken in for questioning. He eventually appeared in court and was sentenced to one month in prison (suspended sentence), and ordered not to engage in political activities for five years.

ADEMA's office ransacked

On the night of the 10-11 May, the Alliance for Democracy in Mali (ADEMA - the governing party)'s office in Segou (Mali's second largest town), was ransacked and one of the senior official's cars damaged. This took place while all the chaos created by the Opposition to stop the presidential elections, was taking place. A police enquiry led to the arrest of Adama Kouyaté, the presumed brains behind the operation, and eleven others. They were charged with wilfully burning the office; association with known criminals; damaging other people's property.

Fire in the chambers

The chambers of Lawyer Tall, a leading opposition figure, also received "visitors" on the night of 12-13 May. They threw a Molotov cocktail which caused considerable damage. The law library, four computers, four photocopiers and other office machinery were all destroyed. An inquiry is underway against "X" (no name can be mentioned because the case is sub judice).

CENI versus Lawyer Tall

Lawyer Mountaga Tall is president of the National Committee for Democratic Initiative (CNID-FYT). On 5 May, during a meeting with the civil society to see how the present political crisis could be settled, he produced a number of voting cards, saying he had bought them on the black market. Mr.Kassoum Tapo, president of the Independent National Election Commission (CENI) preferred charges against another Mr "X" (again his name cannot be revealed) for breach of trust and stealing voting cards.

During their investigations, the police took in Lawyer Tall for questioning. On 20 May, the Examining Magistrate informed him that he would be charged with receiving and concealing voting cards. He could receive a 5-20 year jail sentence. The defense lawyers said the proceedings were null and void. According to them, the president of the Bar Association must be informed before any judicial proceedings can be taken against a lawyer. This affects the validity of a case. Lawyer Tall took the opportunity to describe the charge against him as "a charge against someone who gets in the way".

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