Remembrance: “Prof” – Dr. David Kpormakpor (1944-2010)

23rd
Aug. × ’10

Image via Flickr -- Jason J. Price -- All Rights Reserved

Sad news from Staten Island. Dr. David Kpormakpor, former Liberian supreme court justice and interim president, passed away on August 19th from a brain tumor.

“Prof,” as I knew him, was part of the West African community on Park Hill. He and I spent several afternoons at Korto’s Place, a Liberian cookshop, underneath the Staten Island railroad in early 2003. He had a strong, sometimes biting, intellect that anyone who has spent time in an American law school would recognize. In our short time together, he referenced the Bible, Shakespeare and American foreign policy with equal fluency. The law, it was clear, was his love. That made the tragedy of Liberia particularly acute for him. Nonetheless, he was patient with my ignorance of Liberia and a living testament to the shared traditions our two countries.

He ended up being the subject of a wonderful short film:

“The Professor” (1/5) from Jason J Price on Vimeo.

His obit indicates that funeral arrangements are being made. I hope the Government of Liberia provides this man with the honor, respect and dignity in death that it denied him while he was living.

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Broken news: George Boley’s lawyer alleges witnesses paid to testify

19th
Aug. × ’10

A piece in the Rochester Democrat and Chronicle today repeats some serious allegations: that witnesses who may testify in George Boley’s deportation proceeding received payments to do so.

Details are absent from the allegations in the Democrat and Chronicle, but Boley’s attorney is quoted saying:

“I’ve got reports that these people have been put up in plush accommodations in Ghana and have been offered money to testify in the government’s behalf,” said Buffalo-based immigration lawyer Matthew Kolken, who is representing George Boley Sr.

A similar report was published last may in a Monrovia newspaper (Apparently, reprinted here).

Specifically, that report states:

Journalist Hassan Bility in 2009 travelled to Monrovia with two white Americans and contacted one Blama Monger, an influential LPC fighter who was also used to contact additional former LPC fighters.

It was disclosed that Monger and Mr. Bility has successfully listed some six men including Monger himself, who were taken to the Royal Hotel in Sinkor where the two Americans were reportedly lodging, and where the recruits for witness were interviewed as to their certain knowledge of any the atrocious acts by Dr. Boley during the LPC belligerence against the National patriotic front of Liberia.

Some of the fighters disclosed that they were asked at the Hotel on 15th Street Royal Sinkor questions like: Isn’t it true that Mr. Boley killed personally? The answer, accordingly by the fighters who wanted to snatch a US$30,000 each as was reportedly promised them was “Yes”.

“The two white man and Hassan Bility talked in my presence when he took me to them, but I didn’t know what the talk,” Monger explained to an insider and associate of Dr. Boley, who played the tape of the conversation on a mobile phone.

“I don’t get money at the time; but when it cause for me to go they will give me some money,” Monger said. HASSAN Bility along with Monger, it was indicated, came alone; “we went to the hotel, the interview us one by one. Ask us to testify against Boley,” Monger furthered said.

He claimed that they him their phone numbers to stay in touch. “They give me there phone number and all,” added, noting that for a second time, the other group of white five Americans came and lodge at the Mamba Point Hotel; hired a conference room in Cape Hotel where they called Monger and his colleagues to interview them further on their witness status in the case against Dr. Boley.

“This time they were five; the people from the states wanted to know the character of Dr. Boley. I told them I joined the LPC 1992. I told them Boley killed; he took his own gun and fire at people,” Monger explained. He was head saying that that they would call him when the wanted him.

However, our sources said the recruits were flown to Ghana. In furtherance of the deal, from where they were expected to have undergone their final interview before taking off for the Minnesota. But it appears that the plan is not materializing to expectation as three of the recruits intended for witness against Boley reportedly absconded with US$10.000, each.

Boley, in case you may have forgotten, led the Liberian Peace Council, one of the warring factions during the civil war. He is facing deportation under the accusation that he lied about his involvement in “extrajudicial killings.” Boley has parried his involvement with the LPC in recent years, insisting that he was involved with the political, not military, component of the group–and presumably that he couldn’t be held to account for the groups well-documented human rights abuses. This formulation is similar to Charles Taylor’s attempt to distance himself from the violations committed by soldiers within his rebel group.

The substance of the allegations published today–that witnesses have been put up in Ghanaian hotels and received money–are unremarkable. Witnesses and potential witnesses are routinely housed and provided a per diem–this was the case in the Chucky Taylor trial and in the Charles Taylor trial. This applied to both prosecution and defense witnesses. Whether this constitutes an inducement to testify has also been raised. To that extent, these allegations seem to be a standard plot point in the prosecution of Liberian war criminals–when attacking the charges doesn’t get you anywhere, attack the investigation.

(An interesting aside: Hassan Bility, the former journalist who is alleged to have worked for American investigators in Liberia, served as a prosecution witness in both the Charles Taylor and Chucky Taylor trials. It’s an interesting second act.)

The veracity of Boley’s attorney’s allegations or the government’s charges against Boley will have to be assessed elsewhere. But, it should be noted that this isn’t unfamiliar terrain for any of the parties involved. International justice is a tricky proposition. As is reporting on it. I think it’s fair to assume that, between West Africa and the United States, there’s always the potential for something to get lost in transit.

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Revisiting: A history lesson from that Charles Taylor / Naomi Campbell affair

17th
Aug. × ’10

I’ve been scratching my head as to what the whole Naomi Campbell affair could possibly illuminate about Charles Taylor and his trial before the Special Court.

Before I had a chance to come up with anything, the Times took a stab at that one last weekend. (Thanks to Shelby for pointing this out.) Alan Cowell explores how Taylor ended up at a dinner hosted by Mandela in the first place—and where he met Mia Farrow, Naomi Campbell and Quincy Jones. Cowell cites the incident as illustrative of the “ambiguities” of African diplomacy.

Perhaps that isn’t inaccurate, but it’s ignoring some important facts: Taylor was receiving a lot of invitations at that time. To visit Qaddafi in Libya, Blaise Campoare in Burkina Faso and, via an invitation from Representative John Conyers (D-MI), to attend the annual meeting of the Congressional Black Caucus right here in the United States.

Taylor didn’t make that trip. But, not for lack of an invitation.

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Court date: The most attractive Special Court witness ever

5th
Aug. × ’10

With all due respect to Zigzag Marzah, Issa Sesay and former President Taylor, I humbly submit an opinion: Naomi Campbell is the most attractive witness to appear before the Special Court for Sierra Leone. To quote Rachel Zoe, “Literally.”

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Decisions: 11th Circuit Further Repudiates the ‘Torture Memos’ in Chucky Taylor Case

15th
Jul. × ’10

There’s a lot to dig into in this decision, but an interesting item crops up on page 74 concerning the controversial memos prepared by the Office of Legal Counsel during the (second) Bush Administration.

From the 11th Circuit:

If you’ll recall, there was a lot of shock and indignation surrounding the definition of torture put forward in those memos.

From the OLC Memos:

If those documents were intended to provide legal cover from the federal anti-torture statute, it seems likely they wouldn’t have succeeded.

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Decisions: 11th Circuit Upholds Chucky Taylor’s Torture Conviction, Sentence

15th
Jul. × ’10

More on this later, but here’s the gist from page 87 of the decision:

Thank to Piper for pointing this out.

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Elections: Countdown in Conakry

10th
Jun. × ’10

When I sat down with Guinean presidential candidate Alpha Conde in March he mentioned off-handedly that I should come to Conakry for the elections. Then he paused and said maybe after the elections would be better.

He may have been thinking of the frenzy of activity leading up to the polls. But, it’s easy to read into the situation concern that the election will be carried off peacefully.

A lot of fears permeate this process. Fear that the ethnic divisions represented in the political parties will come into painful focus when the winners (and losers) are named. Fear that the Camara issue has not been completely settled. Fear that ”neutral” two parties–the French government and the Guinean military– have  their preferred candidate (Conde).

There are seventeen days until the polls. The field currently holds 24 candidates–most notably  Sidya Toure, Cellou Dalien Diallo, Francois Lonseny Fall, Lansana Kouyate and Conde, whom one outlet is calling the leading candidate.

If anything is clear, it’s that the Guineans have embraced the electoral process. One hopes they’re equally enthusiastic about the electoral result.

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Broken news: ICE HRVWCU deports Bosnian connected to Srebrenica

4th
Jun. × ’10

A former member of the Zvornik Infantry Brigade in the Bosnian Serb Army, Jadranko Gostic, was deported from the U.S.. on June 1 following an investigation by ICE’s HRVWCU unit.

According to the release, “Gostic agreed to admit to the allegations against him, to be denaturalized, to surrender his lawful permanent resident status and to depart the United States.” It doesn’t specify the exact allegations, but does say that Gostic acknowledged that Gostic belonged to the unit that was among those that took part in the killings at Srebrenica.

The investigation has been going on for several years now and, like the Boley and Taylor case, included administrative charges related to whether Gostic lied to immigration authorities.

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Broken news: DEA busts in Liberia, Plea-deals in the Southern District of New York

2nd
Jun. × ’10
Fombah Teh Sirleaf (National Security Agency)

Fombah Teh Sirleaf (National Security Agency)

Yesterday, the U.S. Attorney for Southern District of New York and the DEA announced a striking anti-drug trafficking operation in Liberia–one that Sirleaf, the President Ellen Johnson-Sirleaf’s stepson played a direct role in. Defendants in an existing narco-trafficking case I wrote about last year, apparently, helped make this happen.

In a world where narco-traffickers can easily buy governments in weak sovereign states, this investigation seems to show another way forward–cooperating with the U.S.. And, what better way to make your mom’s visit to Washington run smoothly, than to have a walk-on part in a ground-breaking international drug trafficking investigation. It certainly can’t hurt those arguing for a more than 25% jump in U.S. aid to Liberia for 2010–including doubling our support for Liberian law enforcement.

So about that bust: In May 2009, Colombian and Ghanaian traffickers agreed to provide a bribe of $400,000 to Fembeh Tah Sirleaf, director of Liberia’s National Security Agency, and another informant to allow 700 kilos of cocaine to land safely in Liberia. In conversations that were apparently recorded, the traffickers allowed that they had previously shipped cocaine into Guinea-Bissau, Guinea-Conakry and Liberia.

Later that year, in October, the traffickers wanted to ship 2,000 kilos—this time offering a $1.4 million payment in exchange for «security services»; $100,000 of that money changed hands in Lagos later that month.

Apparently, the chief trafficker Peter Umeh believed he struck gold. He pitched a variety of trafficking schemes involving flying and shipping cocaine from Venezuala into Liberia, Ghana and onto New York. He enlisted the help of a pilot, Konstantin Yaroshenko, to coordinate the air transit. One shipment, according to Umeh, crashed somewhere between Curucao and the Dominican Republic. But cocaine wasn’t the only interest. Umeh even offered to import ten Mexican chemists to manufacture methamphetamine in Liberia, provided the Government of Liberia could facilitate the import of ephedrine, the stimulant needed for meth. Perhaps least helpful for the trafficker’s case, is the allegation that several tons of cocaine had been provided by FARC, the Colombian armed group that is designated as a terrorist organization.

This isn’t the first time the DEA and Preet Bharara have hit traffickers in West Africa. If you’ll recall the case of Jesus Eduardo Valencia-Arbelaez, the trafficker who was busted in Budapest last year, working for a Colombian-Venezualan cartel called “The Organization.” The government accused of Valencia-Arbelaez and several others of trying to open up a narco-trafficking corridor through West Africa.

In the weeks leading up to the arrest in the Liberia case, several of the defendants in the Valencia-Arbelaez case changed their pleas. (U.S. Attorney Preet Bahara, acknowledged that Valencia-Arbelaez was in plea discussions with the U.S. Attorney’s office as of March 30, 2010).

One of the co-conspirators in that case, Javier Caro AKA William Zabieh, has already acknowledged his cooperation. Caro was more or less liberated from  Togolese custody by DEA agents in June of 2009, at which point, according to a sentencing memorandum prepared by his defense:

Caro was indicted by Southern District of New York as part of the Valencia-Arbeleaz trafficking scheme, plead not guilty, but later changed his plea to guilty on one count of conspiracy to import cocaine. He was sentenced to 3 1/2 years on April 30.

Two others, Manuel Silva-Jaramillo and Valencia-Arbelaez, also changed their pleas in March and April. It appears that they have not been sentenced. The other party to that case, Geraldo Quintana-Perez, apparently has not changed his plea–but all recent filings in his case, like many of those in the other cases, are sealed.

Why would one think these two cases are connected? Well, West Africa is a small place. In the course of the DEA’s investigation, Valencia-Arbelaez expressed interest in trans-shipping drugs and laundering money in a country that wasn’t Sierra Leone or Guinea, but in the neighborhood–that the government saw necessary to redact from court filings. I think it’s reasonable to speculate that this country was: Liberia.

Then the timelines of the two cases begin to mesh:

Is it reasonable to speculate that the defendants in the Valencia-Arbelaez case cooperated with the DEA to help secure the Liberia indictments: I’ll let you draw your own conclusions.

The U.S. Attorney’s office declined comment. As did counsel for Perez. (I’m waiting to hear from attorneys representing the other defendants.)

UPDATE:  Javier Caro’s counsel also declined comment.

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Diplomacy in action: President Ellen Johnson Sirleaf Hits the Beltway

27th
May. × ’10

My brother pointed this out to me–thanks for the tip. Liberia’s president, Madame Ellen Johnson Sirleaf, is in Washington this week. She’s already visited Secretary Clinton and Speaker Pelosi. She’ll be giving the commencement address at Georgetown, as well as, meeting with Obama.

Traditionally, these visits provide an opportunity to discuss aid and investment. President Sirleaf made some pointed remarks on this at the Council on Foreign Relations, as reported in Foreign Policy:

“Liberia should not need aid in 10 years,” she told the audience. “we’ve got the resources … We’re going to go from dependency to self-sufficiency.”

The plan to get there? Private capital and investments, both of which have already begun to come in. And so far in that category, it’s China — not the United States, which has been a big foreign aid donor to Monrovia — that is taking the lead. They dominate the construction sector, Sirleaf explained, and their other economic agenda is clear: “access to raw materials to keep the Chinese economy going.”

“China’s fast,” she explained. “They know what they want and they do it quickly.” Building schools, building roads, signing contracts, and offering loans — all of it can be done in weeks or months, not years as some donors and Western investors might take. In short, “China’s flexible.”

One can read this a bit of a threat to those programming U.S. aid to Liberia. But, it brought to mind something I saw on my last trip to Monrovia: the unfinished stretch of Chinese repaving project at the top of Broad Street. One of my sources complained about this endlessly. The only evidence I saw was a graded roadway and an unattended steamroller. Was this an example of the speed and flexibility of China? Or were there other factors at work?

The fact is U.S. aid to Liberia has increased steadily since the post-Taylor jump from $15.7 million in 2003 to the $138 million the nation received in 2004. If Congress agrees, Liberia will land $227 million for 2010, up from around $200 million the nation received last year. Two of the biggest ticket items on that bill were “Stabilization Operations and Security Sector Reform” at $56 million and “Rule of Law and Human Rights” at $8.2 million. A lot of that money appears to be flowing to Lockheed, who are training not only security forces in Liberia, but prosecutors. (A sit-down with Lockheed executives is on the president’s itinerary.)

USAID makes some interesting conclusions about the success of the latter. Of the Rule of Law programs, it concludes:

Apparently, the program has a few obstacles:

(Here’s a great article that discusses this.)

and…

(Meanwhile, the Ministry of Justice caught on fire last week. )

In light of this, State is asking Congress for an additional $700 grand for this program. Perhaps, that’s to fix the fire damage.

The second piece of that puzzle is human rights: the State Department pulled no punches on just how bad it can be to be a child, woman, or victim of a crime in Liberia.

It should be noted, State is asking for about half–around $27 million–of what it spent on stabilization and security last year. This isn’t one of the program areas assessed by USAID, but USAID explains that this year the training program of the newly constituted AFL should be completed.

This isn’t to beat up on Liberia. But to keep an eye on the U.S. role in the country. Let’s not forget what happened last time.

UPDATE:

The AFP piece on President Obama’s visit contained an interesting quote:

“She is committed to the rule of law, made strides in reforming the judiciary and in all these endeavors I want to make sure the people of Liberia understand… that the United States is a constant friend and partner.”

That’s a charitable assessment–if not outright contrary to USAID’s findings.

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