Mr. Dallas Peavey and Jaime Lopez were arrested and placed into prisonin Djibouti this past month (14 March-22 April 2014) and held for 40 days for no cause. They need your assistance to motivate the US State Department to work on our behalf to allow us to return to the USA as soon as possible.
I would like to provide you with a brief on the events that transpired and current status:
1. The President of Djibouti and Minister of Finance highly suggested the transfer of 30% (15/15) of their electric power project to be transferred to two companies owned by the elected officials. This request was refused. Written documentation is available (Sept 2013).
2. The President’s secretary highly suggested that 10% of the project be transferred to a group he suggested. This request was refused. Written documentation is available (Sept 2013).
3. They filed embezzling charges against the Minister of Finance’s brother-in-law for theft $165,000 (USD) from their company. Documentation of the embezzling, as well as documentation of this man taking money from the Djiboutian government. They informed and requested advice of the US Embassy in advance of filing, with a no response. This case has been swept under the Djiboutian judicial rug. (July 2013).
4. The Djiboutian secret police abducted Jaime Lopez off the streets of downtown Djibouti, and took him to a undisclosed location (14 March 2014).
5. The Djiboutian secret police arrested Mr. Peavey.
6. Djiboutian police refused them the following:
a) Not allowed to contact the US Embassy (violation of international treaty)
b) Not informed of the charges against us (violation of Djibouti law)
c) Not allowed to have legal representation (violation of Djibouti constitution)
d) Not allowed to have a translator (violation of Djibouti law)
e) Attempted to force Jaime to sign a statement written in French (He does not read French). They were told they would be put into prisonif not signed.
7. Djiboutian prosecution officer refused to present charges (violation of Djibouti legal procedure)
8. Both were put into prison without any formal charges or complaints
9. Mr. Peavey engaged in a 20 days hunger strike
a) Human Rights abuses of Djiboutian government
b) Failure of US Consulate to do their job
c) US Consulate’s office stated the US Government does not get involved in health care
d) US Consulate’s office stated they would request the Djiboutian government to force feed
10. US Consulate stated that 3 complaints (Dip-Notes) would be immediately filed (unclear if occurred)
11. US Consulate’s office suggested that US Senators, Congressmen, or media not be contacted as this could cause a international incident that would negatively impact their situation
12. The Djiboutian court issued a release order after 28 days, but the prosecuting office called the prison to block their release (violation of Djiboutian law and procedures)
13. US Consulate continuously stated that the only assistance available from that office was to ensure that Djiboutian law/treaties are equally and fairly applied to US citizens
14. US Consulate continuously stated that the US Embassy has no legal expertise for Djibouti
15. US Consulate stated that they were taking legal advise from the Djiboutian prosecution office
16. US Consulate told their case was not serious
17. US Consulate told a translator would be provided (never happened)
18. US Consulate cc’d prosecution office of emails to Washington
19. They remained in prison for 40 days without resolution (violation of Djibouti law)
20. US Embassy provided derogatory written and verbal information to US military base (Camp Lemonier) that was not accurate, causing the US military base commander to declare us to be persona non-grata at the base (liable and slander)
21. US Consulate office provided, in writing, to the Djiboutian court false information regarding Mr. Peavey being wanted by the FBI
22. US Consulate office will not return Mr. Lopez’s passport, which heasked the Consulate to hold to prevent Djiboutian government from taking, until the Djiboutian government agrees
23. US Consulate has stated that 10 Dip-Note complaints have been issued to the Djiboutian government with no responses
24. Mr. Lopez and Mr. Peavey have informed the US Consulate they wish to return to the USA
25. US Consulate has stated they are no longer involved in the legal matters even though:
a) As of this date there are no formal charges
b) There have been no responses to the human rights violations
c) There have been no responses to the Dip-Notes issued by the US Consulate
d) US Consulate is not assisting with ensuring equal and fair application of Djiboutian law/treaty
26. Djiboutian government has made in the past, and continues to make unverifiable allegations, which the US Consulate has accepted and presents as fact. Examples:
a) Djiboutian Foreign Minister submitted a Dip-Note claiming that Djiboutian investors wanted their $175,000 (USD) returned. Later the US Consulate learned that the accusation was based on hearsay and rumors
b) Djiboutian Foreign Minister claimed that their company owes the Djiboutian government $300,000 (USD), but has failed to provided documentation
c) Djiboutian government claims there are many commercial complaints against their company, but does not recognize the complaints they have regarding these commercial entities (we have documentation, not verbal)
d) Djiboutian judges stated to their attorney that one of the causes of this situation was the Djiboutian government wanting to have leverage over the US Government
It is a matter of opinion, but it is readily apparent that the failure for the US Consulate’s office to immediately and appropriately respond early in this situation is what caused Mr. Peavey and Mr. Lopez to be left in the Djiboutian prison for 40 days. The Djiboutian government was allowed to violate their rights as prescribed by Djiboutian law, constitution, and international treaty. And based on recent events with President Obama meeting with the President of Djibouti and praising him for his help it is readily apparent that their situation was hushed for political expedience. Now that the politics of ‘friendship’ with a dictator is over, perhaps the State Department could consider getting them released from in-country detention?
There is currently a case pending which could be criminal, but there are NO associated charges or complaints. This case has all the human rights violations associated with it. The prosecuting office has argued that the human rights violations have nothing to do with the case.
There are commercial supposed complaints, but nothing to date.
Although they have invested all of their own capital (over $1.8 million USD) in this project in Djibouti, which will be lost, they have determined that there is no option to try to continue to remain in Djibouti.
So the US State Department releases their “DJIBOUTI 2013 HUMAN RIGHTSREPORT” which essentially says (read it yourself) that the country abuses the human rights of its people on every subject that exists. http://www.state.gov/documents/organization/220318.pdf
Then to prove that the report is correct Djibouti perpetuated these abuses against US Citizens. Read the report and compare it to what happened to us, line item by line item.
Now your President has the nerve to meet with the president of the country that violates the human rights of its citizens as well as those of the US, and to PRAISE the government for their ‘security’ cooperation.
So the USA is now in the business of trading the human rights of people, to include its own citizens, for a land lease with a government that violates human rights. When did it become okay to do a deal with the devil? Why do we bother criticizing the North Koreans or others for their violations?
For shame, for shame
I am requesting assistance from your office and the Global Justice Clinic to coordinate with the US State Department towards expediting our ability to leave Djibouti as soon as is practical, and be returned to the USA.
I want to thank you for all your efforts to support Mr. Lopez and Mr. Peavey,
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