Djibouti (HAN) October 7, 2015 – Public Diplomacy and Regional Security Initiative News. Statement on behalf of the Government of Djibouti, by the President of the Republic of Djibouti.
His Excellency, Ismaïl Omar Guelleh, the President of the Republic of Djibouti today sent a letter to Justice Flaux explaining that he would be absent from the upcoming High Court hearing against Mr. Abdourahman Mohamed Mahmoud Boreh. In his letter, His Excellency explained that after much thought to “the consequences of my presence and the precedent that it might create,” the “higher interests of my country, which are the main reason for this lawsuit, do not allow me to.”
His Excellency explicitly stated that he means no disrespect to the English Courts, which he holds in high regard, and asks for Justice Flaux to accept his apologies whilst recognising the position he finds himself in as the elected head of Djibouti with obligations and responsibilities to its citizens.
The Claimants (The Republic and state agencies) submitted claims to the High Court for the Court’s judgment. Indeed, the Claimants chose to file its claims in that Court because of its reputation for fairness, equity, and the proper pursuit of justice. In support of those claims, the President has submitted two witness statements. In response to the claims, Mr. Boreh has made unsubstantiated and irresponsible allegations against the President, and has ultimately deceived his country. The President is duty bound to reclaim what was unlawfully taken from the Republic whilst ensuring that he does not neglect his Presidential duties.
In his letter to the Court, the President wrote:
As you will see in the coming weeks, the actions of Mr. Boreh have seriously damaged the interests of Djibouti. The facts presented to you will reveal this and therefore it must be the actions of Mr. Boreh, not of me personally, that remain the focus of this case. Indeed, it is my primary duty as Head of State to protect the interests of the people of Djibouti and to maintain the dignity and sanctity of the interests of the Republic.
The Republic of Djibouti has suffered significant fraud at the hands of Mr. Boreh, who abused his position to obtain substantial financial benefits for himself and his companies. The scale of the fraud and the sophistication of the methods used have deeply harmed—and continue to harm—the country.
Background information:
Republic of Djibouti v. Mr. Boreh and his companies. High Court of Justice, Queen’s Bench Division, Commercial Court before the Honourable Mr. Justice Flaux commencing Thursday 8th October 2015.
The Republic of Djibouti’s case is that Mr. Boreh is corrupt. Many of his activities in relation to the Republic’s key commercial industry—the port—were fundamentally in breach of the duties Mr. Boreh owed.
In particular, Mr Boreh:
- 1.Gained a shareholding in the Horizon Terminal at the Republic’s expense
- 2. Took bribes/secret commissions from DP World whilst negotiating with them on behalf of the Republic in relation to the Doraleh Container Terminal
- 3. Took advantage of many opportunities provided due to his position representing the Republic’s interest to seek (or gain) personal benefits from arrangements concerning the port facilities
4. Procured the engagement of his own company (Soprim Construction SARL) to undertake considerable construction works for the Horizon Terminal, Djibouti Dry Port and the Doraleh Container Terminal, thereby facilitating significant profits from which he would (and did) personally benefit.
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