Guinea: The protection provided to a person receiving threats from their creditors; the effectiveness of the police in protecting the public against crime (2014-February 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Protection Provided to a Person Receiving Threats from Their Creditors

1.1 Handling of the Complaint

During a telephone interview with the Research Directorate, a representative from the regional office in Guinea of the National Democratic Institute (NDI), a non-partisan and non-profit organization that works to promote democracy and good governance in developing countries and that has regional offices in over 50 countries (NDI n.d.), stated that the police would not follow up on a complaint filed by an individual receiving threats, including death threats (ibid. 29 Jan. 2016). In correspondence sent to the Research Directorate, a representative of the Guinean Organization for the Defense of Human and Citizens' Rights (Organisation guinéenne de défense des droits de l'homme et du citoyen, OGDH), a member organization of the International Federation for Human Rights (Fédération internationale des ligues des droits de l'homme, FIDH) (FIDH n.d.), stated that, [translation] "very often," complaints of death threats are "handled casually" (OGDH 1 Feb. 2016). During a telephone interview with the Research Directorate, a representative of the association The Same Rights for All (Les mêmes droits pour tous, MDT), a Guinean human rights NGO run by legal professionals who provide legal assistance services (MDT n.d.), stated that, [translation] "in most cases, the police follow up on the complaint," but that it was "possible that the police would do nothing" (ibid. 29 Jan. 2016). In correspondence sent to the Research Directorate, a lawyer in Conakry stated, without giving further details, that [translation] "this type of complaint [was] taken seriously" (Lawyer in Conakry 29 Jan. 2016).

Sources state that the police could summon the persons making the threats (Human rights lawyer 29 Jan. 2016; LIGUIDHO 3 Feb. 2016; MDT 29 Jan. 2016). The MDT representative stated that, if the individual summoned did not respond, the police could ask the court to issue a [translation] "bench warrant" authorizing it to look for the individual at their home (ibid.). Sources state that if the evidence is established by the police, the person of interest is referred to the prosecutor's office and the investigation continues before the investigating judge (Lawyer in Conakry 29 Jan. 2016; LIGUIDHO 3 Feb. 2016). During a telephone interview with the Research Directorate, a representative of the Guinean League for Human Rights (Ligue guinéenne des droits de l'homme, LIGUIDHO), who is also a lawyer, stated that the investigating judge proceeds with the interrogation of the suspect and the other party and then either dismisses the case if the facts are not established, or commits the accused before the correctional court, where they will be tried (ibid.).

Sources state that the police may demand financial consideration from the complainant and, if they refuse to pay it, the complaint will not move ahead (ibid.; Human rights lawyer 29 Jan. 2016; MDT 29 Jan. 2016). According to sources, the police sometimes demand that the complainant pay their travel expenses (ibid.; Human rights lawyer 29 Jan. 2016). The MDT representative stated that [translation] "the police [could] hold the complainant in custody and demand that they repay their debts to their creditors, and then [it could] take a percentage of the repayment" (MDT 29 Jan. 2016). The OGDH representative stated the following:

[translation]

Generally, the [police] officers, instead of the jurisdictions, will contain the matter to their level, substitute themselves for the judges and extort cash from the person accused of making death threats. (OGDH 1 Feb. 2016)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources state that, if the complainant does not have the means to obtain the services of a lawyer or the threats are coming from political powers, the complaint might not succeed (MDT 29 Jan. 2016; LIGUIDHO 3 Feb. 2016). The representative of LIGUIDHO stated that legal aid for persons who do not have the means to obtain the services of a lawyer [translation] "exists in [legal] texts but not in practice" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.2 Protection Provided to Complainant

The lawyer in Conakry stated, without providing further details, that the protection of a person who was being threatened [translation] "generally comes from the police" (Lawyer in Conakry 29 Jan. 2016). The MDT representative specified that, if the complainant has the means to give money to the police, they may be able to make the threats go away (MDT 29 Jan. 2016). However, the NDI representative stated that a person who has been threatened would be [translation] "without protection" from the police (NDI 29 Jan. 2016). According to a human rights lawyer who works in Conakry, the police do not have the material means to [translation] "effectively" protect a threatened individual (Human rights lawyer 29 Jan. 2016). According to the NDI representative,

[translation]

[i]f the individual has the means to pay for their safety, they may be protected. It is not the police who will ensure their protection but the individuals paid (militia, private security business, etc.). The police as an institution will do nothing. (NDI 29 Jan. 2016)

The OGDH representative stated the following about anonymous death threats made over the telephone:

[translation]

In some cases, the persons threatened […] complain to the police and have only a telephone number to call when they are, once again, threatened. [When they call this number to complain about a second threatening call, their] request is generally not responded to promptly by an officer. (OGDH 1 Feb. 2016)

2. Effictiveness of the Police in Protecting Victims of Crime

Sources state that, generally, the police in Guinea rarely or never protect the victims (Human rights lawyer 29 Jan. 2016; NDI 29 Jan. 2016; OGDH 1 Feb. 2016).

Sources state that the police do not have sufficient human (MDT 29 Jan. 2016; NDI 29 Jan. 2016) and material resources (Human rights lawyer 29 Jan. 2016; OGDH 1 Feb. 2016) to ensure that the public is protected. The MDT representative stated that [translation] "[i]n some remote areas of the country, populations of 2,000-3,000 people are protected by only one or two police officers" (MDT 29 Jan. 2016). According to sources, sometimes the police do not travel to the scene of a crime that is happening, invoking a lack of fuel (LIGUIDHO 3 Feb. 2016; OGDH 1 Feb. 2016).

Statistics on the proportion of complaints (for all types of crime) that the police responded to or is in the process of responding to could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The MDT representative stated that the police and justice systems are not completely independent in Guinea (MDT 29 Jan. 2016). According to the same source, [translation] "the executive has influence over the police, which can prevent [it] from doing its work properly" (ibid.). The LIGUIDHO representative stated that those who were [translation] "well placed politically, administratively, economically and socially sometimes benefited from complete impunity" (LIGUIDHO 3 Feb. 2016). According to a study [1] conducted by COGINTA, a Swiss NGO [translation] "that provides police reform and governance to the security sector" (UN n.d.), "a majority of 59.9 % of residents feel that the police is not impartial in its work; according to 52.3 % of residents, the police favour the wealthy" (COGINTA 2014, xvii). The World Report 2015: Events of 2014 of Human Rights Watch states:

[Human Rights Watch English version]

Security forces have long demonstrated a lack of political neutrality evident in the […] failure to provide equal protection to citizens of all ethnic and religious groups, notably those supporting the political opposition. (Human Rights Watch 29 Jan. 2015)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] The study, funded by the United Nations Development Programme (UNDP), the United Nations Peacebuilding Fund and the European Union, was carried out between August 2013 and April 2014 in the communes of Matam, Matoto, Ratoma and N'Zérékoré (UN n.d.). Data was gathered from over 5,000 interviews (COGINTA n.d.).

References

COGINTA. 2014. Diagnostic local de sécurité 2014 : un outil au service de la réforme de la police nationale guinéenne et du pilotage de la police de proximité dans les communes de Matam, Ratoma, Matoto et N'Zérékoré. [Accessed 3 Feb. 2016]

COGINTA. N.d. "Diagnostic local de sécurité 2014 en Guinée." [Accessed 3 Feb. 2016]

Fédération internationale des ligues des droits de l'homme (FIDH). N.d. "Organisation guinéenne de défense des droits de l'homme et du citoyen (OGDH)." [Accessed 8 Feb. 2016]

Human rights lawyer. 29 January 2016. Telephone interview.

Human Rights Watch. 29 January 2015. "Guinée." World Report 2015: Events of 2014. [Accessed 3 Feb. 2016]

Lawyer in Conakry. 29 January 2016. Correspondence sent to the Research Directorate.

Ligue guinéenne des droits de l'homme (LIGUIDHO). 3 February 2016. Telephone interview with a representative.

Les mêmes droits pour tous (MDT). 29 January 2016. Telephone interview with a representative.

Les mêmes droits pour tous (MDT). N.d. "Les mêmes droits pour tous - À propos." [Accessed 2 Feb. 2016]

National Democratic Institute (NDI). 29 January 2016. Telephone interview with a representative in Guinée.

National Democratic Institute (NDI). N.d. "Field Offices." [Accessed 2 Feb. 2016]

Organisation guinéenne de défense des droits de l'homme et du citoyen (OGDH). 1 February 2016. Correspondence sent to the Research Directorate by a representative.

United Nations (UN). N.d. Guinea Peacebuilding Fund. "Diagnostic local de sécurité." [Accessed 3 Feb. 2016]

Additional Sources Consulted

Oral sources: Agence nationale de la promotion de la bonne gouvernance et de la lutte contre la corruption; Avocats sans frontières Guinée; Consortium des associations de jeunes pour la défense des victimes de violence en Guinée; Fédération internationale des ligues des droits de l'homme; Justice Guinée; United Nations - United Nations Development Programme in Guinea.

Internet sites, including: Amnesty International; ecoi.net; Freedom House; IRIN; Transparency International; United Nations - Refworld.