Guinea: The summons issued by the [translation] “high command of the National Gendarmerie (gendarmerie nationale), Military Justice Directorate, Conakry special region gendarmerie, Kipe research brigade, Dixinn-Ratoma communes,” including their physical characteristics, information included, issuance and circumstances in which they are issued; whether summons from the Military Justice Directorate are issued for civil matters (2014-December 2015) [GIN105373.FE]

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

Information on summons issued specifically by the [translation] “high commander of the National Gendarmerie, Military Justice Directorate, Conakry special region gendarmerie, Kipe research brigade, Dixinn-Ratoma communes” could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. However, the following information could be useful.

1. Background

Country Reports on Human Rights Practices for 2014 on Guinea, published by the United States Department of State, indicates that the National Gendarmerie and the national police share responsibility for internal security in Guinea (US 25 June 2015, 8). The source notes, however, that their mandates [US English version] “are not clearly defined” (ibid.). According to sources, the gendarmerie is part of the Ministry of Defense, while the police falls under the Ministry of Security [and Civil Protection] (ibid.; UN Oct. 2014, para. 17-19). In July 2015, the latter was renamed by presidential decree the Ministry of the Interior (Guineematin.com 7 July 2015; Mosaiqueguinee.com 7 July 2015).

The website of the high commander of the National Gendarmerie, Military Justice Directorate, states that the National Gendarmerie [translation] “is a military force with police attributes” (Guinea 15 May 2015a). Its mission [translation] “is to ensure public safety, maintain and restore public order, and enforce laws and regulations in order to protect institutions, persons and their property and ensure operational defence of the territory (ibid. 15 May 2015b).

A report published in 2014 by the United Nations Human Rights Office of the High Commissioner in Guinea states that the national gendarmerie [translation] “is run by the high commander of the National Gendarmerie, Military Justice Directorate” (UN Oct. 2014, para. 19). According to the website of the high commissioner of the National Gendarmerie, Military Justice Directorate, between 2009 and 2014, 12 research brigades were created, two of which are in Conakry (Guinea 15 May 2015b). During a telephone interview with the Research Directorate, a lawyer who is a member of the Conakry Bar and president of the Guinean Human Rights League (Ligue guinéenne des droits de l’homme, LIGUIDHO), an organization created in 2013 to provide legal aid to detained and destitute persons and reinforce [translation] “the capacities of those who implement criminal justice,” among others (LIGUIDHO 27 Nov. 2015a), stated that the mandate of the research brigades involves conducting [translation] “criminal investigations [and] referring suspects before the competent courts responsible for trying them” (ibid. 27 Nov. 2015b). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Summons Issued by the National Gendarmerie, Including the Circumstances in Which They are Issued and Their Characteristics

During a telephone interview with the Research Directorate, the President of LIGUIDHO provided the information in the following paragraphs.

Summons are only issued in criminal matters (criminal, correctional or contraventional). During the preliminary investigation, the National Gendarmerie (or the police) issues a summons to a presumed suspect, witness or victim of an offence. The summons may be hand delivered to the intended recipient or, if they are absent, to a member of their family or to a neighbourhood chief. The summoned person must appear.

The notice to appear is in the form of a pre-printed letter that includes the name and address of the person summoned, the date and time of the summons, the name of the officer who issued the summons and their signature, the name of the service for which they work and the address of that service in the header.

The security features of the summons are the following: the service logo, the name of the city in which the service is located and the address of the service (ibid.).

When asked about the existence of fraud related to summons by the gendarmerie, the President stated that his organization had already been approached to fabricate [translation] “this type of document,” but he stated that LIGUIDHO had refused this type of request (ibid.).

Further information on the summons issued by the Guinean National Gendarmerie 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.

References

Guinea. 15 May 2015a. Ministère de la Défense nationale, gendarmerie nationale. “Présentation du haut commandement de la gendarmerie nationale de la République de Guinée”. [Accessed 13 Nov. 2015]

Guinea. 15 May 2015b. Ministère de la Défense nationale, gendarmerie nationale. “Historique de la gendarmerie nationale.” [Accessed 13 Nov. 2015]

Guineematin.com. 7 July 2015. “Décret : Le ministère de l’Intérieur remplace le ministère de la Sécurité”. [Accessed 27 Nov. 2015]

Ligue guinéenne des droits de l’homme (LIGUIDHO). 27 November 2015a. Correspondence sent to the Research Directorate by the President.

Ligue guinéenne des droits de l’homme (LIGUIDHO). 27 November 2015b. Telephone interview with the President.

Mosaiqueguinee.com. 7 July 2015. Demba Sidicki. “Décret : Le ministère de la Sécurité change de nom et devient ministère de l’Intérieur” [Accessed 27 Nov. 2015]

United Nations (UN). October 2014. United Nations Human Rights Office of the High Commissioner in Guinea. Rapport sur la situation des droits de l’homme dans les lieux de détention en République de Guinée. [Accessed 13 Nov. 2015]

United States (US). 25 June 2015. Department of State. “Rapports sur les droits de l’homme : Guinée” (French translation of “Guinea”). Country Reports on Human Rights Practices for 2014. [Accessed 13 Nov. 2015]

Additional Sources Consulted

Oral sources: Guinea – Embassy in Canada, high commander of the National Gendarmerie, Ministry of National Defence.

Internet sites, including: Afrik.com; AllAfrica; Aminata.com; Amnesty International; Avocats sans frontières — Guinée; Conakryinfos; ecoi.net; L’Express Guinée; Factiva; Focusguinée; Freedom House; Guinea – Portail officiel du gouvernement de la République de Guinée; Human Rights Watch; Institut de la société civile de l’Afrique de l’Ouest; Interpol; Kalenews; Kaloum Presse; Landinfo; Lexadin; Organisation guinéenne de défense des droits de l’homme et du citoyen; United Nations – Refworld; VisionGuinée.info.