Djibouti: Summonses issued by police authorities, including their content and appearance as well as the procedure for issuing them; the possibility of receiving a false summons

According to Article 55 of the Djiboutian Criminal Procedure Code (Code de procédure pénale),

[translation]

A judicial police officer may summon and hear any person likely to give information in respect of the offence or of the articles and documents seized.

The persons summoned are obliged to appear and make a statement. If they do not comply with this obligation, notice of this is given to the public prosecutor, who may have them compelled to appear by the law enforcement. (Djibouti 1995a, Art. 55)

In correspondence with the Research Directorate, a representative of the Embassy of Djibouti in Washington stated that "[t]he only branch of [the] Djibouti[an] government who has the sole duty of summons is the judicial authority. The function of the police is to deliver [them]" (ibid. 4 Sept. 2014).

In correspondence with the Research Directorate, a lawyer practising criminal law in Djibouti stated that [translation] "summonses from the [judicial] police come from the police forces" (Lawyer 30 Aug. 2014). He also specified that there are two types of police in Djibouti: the judicial police and the gendarmerie, adding that the gendarmerie also issues summonses (ibid.). A report on Djibouti published in 2014 by the United States Department of State's Overseas Security Advisory Council also states that there is a national police and a national gendarmerie in Djibouti (US 10 Feb. 2014, 5). According to the official site of the Republic of Djibouti, the national police fall under the Ministry of Interior, while the gendarmerie falls under the command of the Ministry of Defense (Djibouti n.d.). According to Act No. 46/AN/04/ 5th L on the Status and Organization of the National Police (Loi n°46/AN/04/5ème L portant statut et organisation de la Direction de la police nationale) in Djibouti, the national police is divided into several branches, including the Public Safety Branch, which is also subdivided into sub-branches, including the judicial police, and then in two geographic groups-the police in the district of Djibouti and the police in the districts of the interior (ibid. 2004, Art. 52, 115116).

In correspondence with the Research Directorate, the President of the Association for Respect of Human Rights in Djibouti (Association pour le respect des droits de l'homme in Djibouti, ARDHD) [1] provided information that was sent to him by a current police official who is [translation] "close to the opposition" and by a former Djibouti police official (ARDHD 3 Sept. 2014; ibid. 1 Sept. 2014). The former official, who currently lives in a European country where he obtained refugee status, told the President of ARDHD that [translation] "all the gendarmerie brigades and [all] the police stations" have the right to issue summonses (ibid.). The current police official told the President of ARDHD that summonses are issued by the police, [translation] "more specifically by the OPJ [judicial police officer (officier de police judiciaire)]" (ibid. 3 Sept. 2014).

The 2004 Act explains that persons who have officer status in the national police are personally authorized by the public prosecutor to occupy the duty of judicial police officer, as well as certain other police officers, on an individual basis and through a decree (Djibouti 2004, Art. 35).

According to the former police official, [translation] "the police can directly [issue] a summons because the police and the gendarmerie may conduct an investigation, arrest [and] imprison citizens without going before the court" (ARDHD 1 Sept. 2014). The former police official also states that [translation] "the political police, [the] SDS, […] may order the police or the gendarmerie to arrest a person" (ibid.). Sources note that the Djiboutian Documentation and Security Service (Service de documentation et de sécurité, SDS) is considered to be the political police (Le Griot 27 Aug. 2014; ODDH 14 July 2013).

The current police official told the President of ARDHD that individuals who are active in the political opposition [translation] "are often harassed by police summonses," which are a method of making them understand that the police are watching them (ARDHD 3 Sept. 2014). He added that, since the elections of 22 February 2013, the police arrest who they want, without a summons (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Procedure

The President of ARDHD and its representatives stated, without providing details, that the police do not comply with the procedure established for issuing summonses (ibid.; ibid. 1 Sept. 2014; ibid. 29 Aug. 2014).

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

3. Format and Content

According to the former police official, [translation] "in each [police] or gendarmerie service, the summonses are different" because of a lack of resources; the police officers or the gendarmes prepare the summons themselves by computer or typewriter (ibid. 1 Sept. 2014). The former official stated however that [translation] "the writing on the letterhead is almost the same in all [police] forces" (ibid.). The current police official told the President of ARDHD that police summonses are [translation] "the same" across the country (ibid. 3 Sept. 2014). He also provided a sample summons to the Research Directorate, which is attached to this Response.

According to the lawyer, the judicial police summonses state the name of the individual being summoned, the police branch according to the region of the country or the district of the city of Djibouti, and are marked [translation] "Ministry of Interior" and "National Police" (Lawyer 30 Aug. 2014).

The document attached to this Response includes the text [translation] "Criminal and Special Affairs Brigade" (Djibouti 1 July 2013). Act No. 72/AN/94/3e L on the Unification of the Police Forces and the National Police Force (Loi n°72/AN/94/3e L portant unification des services de police et statut de la Force nationale de police) states that the judicial police has specialized brigades that include the criminal research and special affairs brigade (Djibouti 1995b, Art. 75).

The lawyer also stated that summonses from the gendarmerie are marked [translation] "Ministry of Defense" and "National Gendarmerie," and state the brigade name according to the region or district of the city of Djibouti (Lawyer 30 Aug. 2014). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. False Summonses

Information on the existence of false summonses could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

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 ARDHD is an NGO located in Paris that observes and reports human rights violations in Djibouti, especially by publishing information on its website (Irénées.net Mar. 2014).

References

Association pour le respect des droits de l'homme à Djibouti (ARDHD). 3 September 2014. Correspondence from the President to the Research Directorate.

_____ 1 September 2014. Correspondence from the President to the Research Directorate.

_____. 29 August 2014. Correspondence from the President to the Research Directorate.

Lawyer. 30 August 2014. Correspondence with the Research Directorate.

Djibouti. 4 September 2014. Embassy of Djibouti in Washington. Correspondence from an official to the Research Directorate.

Djibouti. 1 July 2013. Brigade criminelle et des affaires spéciales. "Convocation." Provided by a police official, through the President of the Association pour le respect des droits de l'homme à Djibouti.

_____. 2004. Loi n°46/AN/04/5ème L portant statut et organisation de la Direction de la police nationale. [Accessed 12 Sept. 2014]

_____. 1995a [amended 2012]. Code de procédure pénale. [Accessed 8 Sept. 2014]

_____. 1995b. Loi n°72/AN/94/3e L portant unification des services de police et statut de la Force nationale de police. [Accessed 12 Sept. 2014]

_____. N.d. Official website of the Republic of Djibouti. "Les attributions des ministères." [Accessed 12 Sept. 2014]

Le Griot. 27 August 2014. Steven Addamah. "Djibouti: un autre assassinat politique." [Accessed 12 Sept. 2014]

Irénées.net. March 2014. "Association pour le respect des droits de l'homme à Djibouti (ARDHD)." [Accessed 9 Sept. 2014]

Observatoire djiboutien pour la promotion de la démocratie et des droits humains (ODDH). 14 July 2013. "Communiqué de presse de l'ODDH (Djibouti): arrestation d'Abdouljabar Sougueh par la SDS." [Accessed 12 Sept. 2014]

United States (US). 10 February 2014. Overseas Security Advisory Council, Bureau of Diplomatic Security. 10 February 2014. Djibouti 2014 Crime and Safety Report. [Accessed 5 Sept. 2014]

Additional Sources Consulted

Oral sources: The following organizations were unable to provide information within the time constraints: Interpol Ottawa; law firm in Djibouti; Ligue djiboutienne des droits humains. Attempts to contact the following people and organizations were unsuccessful: Canada - Embassy of Canada in Addis-Abeba, four law firms located in the city of Djibouti; High Commission of Canada in Nairobi; Ligue djiboutienne des droits humains.

Internet sites, including: African Legal Information Institute; Africa Time; Agence djiboutienne d'information; Chambre de commerce de Djibouti; Commission africaine des droits de l'homme et des peuples; Conférence internationale des barreaux; Délégation à la paix, à la démocratie et aux droits de l'homme; Djibouti - ministère des Affaires étrangères et de la Coopération, Primature; Djibouti Télécom; DjibTalk.com; Droit-Afrique.com; ecoi.net; Factiva; Fédération internationale des ligues des droits de l'homme; Helpline Law; HG.org; International Law Office; Lawyers without Borders; Le Monde; La Nation; Novolawyer; Pathlegal; Radio télévision de Djibouti; United Nations - International Labour Organization - NATLEX, Refworld; United States - Embassy in Djibouti; Yellow pages of Djibouti.

Attachment

Djibouti. 1 July 2013. Brigade criminelle et des affaires spéciales. "Convocation." Provided by a police official, through the President of the Association pour le respect des droits de l'homme à Djibouti.