Question 8119 — foreign policy

Summary

Mr. Jean-François Coulomme draws the attention of the Minister for Europe and Foreign Affairs to the judicial collaboration with the Republic of Djibouti in the context of the procedure for the assassination of Bernard Borrel. On October 18, 1995, at 10 p.m. according to the death certificate drawn up by the Djibouti civil registry, Bernard Borrel, magistrate then seconded to the Ministry of Cooperation as technical advisor sent by the Government to the Ministry of justice and Muslim affairs of Djibouti, dies in undetermined circumstances. However, on the morning of the discovery of his body, the French authorities, without material evidence and before any examination of the body, concluded that the death was due to suicide by fire. In 2003, Sophie Clément, then investigating judge, established that Bernard Borrel did not commit suicide by fire but that his death was an assassination. In October 2007, the President of the Republic restores the rights of the victim's family, following the death in service of Bernard Borrel in the context of an attack. On July 13, 2017, ten years later, the Paris public prosecutor recognized the assassination as the cause of the death of Bernard Borre; in the meantime, essential seals in the file have been destroyed. In March 2020, the Paris judicial court recognized the serious errors of the State for the absence of an autopsy when the body was discovered and the destruction of the seals is described as a gross error. As a reminder, a witness and elements of the criminal case implicate the current Djiboutian head of state, Ismaïl Omar Guelleh, elected then re-elected since April 8, 1999. Since the recognition of the assassination of Bernard Borrel by the Paris prosecutor's office, the criminal case is still ongoing. However, the last international letter rogatory to Djibouti, which was issued by Judge Paquaux 6 years ago, was never carried out. Since then, judicial collaboration between Djibouti and France has ended, thus preventing any continuation of the investigation. However, on July 18, 2024, the President of the Republic agreed with the Head of State of Djibouti on the continuation of military collaboration between the two countries. Indeed, Since its decolonization, Djibouti has hosted around 1,500 French soldiers in air base 188 Djibouti “Colonel Massart”. It is essential, not only for the memory of the victim and for his loved ones, but also in the general interest regarding the assassination of a magistrate, that France respects the right to an effective judicial remedy which is a constitutional right for all its nationals. So, he asks him why France is incapable of re-establishing judicial collaboration allowing, among other things, to be able to execute an international letter rogatory while being diplomatically close enough to Djibouti to negotiate the maintenance of a military base on its soil.

Machine translation from French. The official text remains authoritative.

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