Indien 6 novembre l'Océan de Lettre - Africa IntelligenceRepublic of Djibouti et al v Mr Abdourahman Boreh et al (Claim No. 2012 Folio 1333) Day 9 October 29, 2015 Opus 2 International

Republic of Djibouti et al v Mr Abdourahman Boreh et al (Claim No. 2012 Folio 1333)

Day 9

October 29, 2015

Opus 2 International - Official Court Reporters

Phone: +44 (0)20 3008 5900Email: [email protected]: http://www.opus2.com

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October 29, 2015 Republic of Djibouti et al v Mr Abdourahman Boreh et al (Claim No. 2012 Folio 1333) Day 9

Official Court Reporters +44 (0)20 3008 5900Opus 2 International [email protected]

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1 Thursday, 29 October 20152 (10.30 am)3 (Proceedings delayed)4 (10.35 am)5 MR BROOK SMITH: My Lord, very sorry for the short delay,6 but we are ready to commence.7 MR JUSTICE FLAUX: Right.8 MR BROOK SMITH: Do we need the interpreter to be sworn?9 MR JUSTICE FLAUX: We need the interpreter sworn, I think,

10 because there is a new interpreter.11 (Interpreter affirmed)12 MR JUSTICE FLAUX: Thank you.13 MR BROOK SMITH: My Lord, the claimants' next witness is14 Mr Dileita.15 MR JUSTICE FLAUX: Yes.16 MR DILEITA MOHAMED DILEITA (sworn)17 (Evidence via interpreter)18 MR JUSTICE FLAUX: Right.19 Examination-in-chief by MR BROOK SMITH20 MR BROOK SMITH: Now, Mr Dileita, could you please be shown21 a copy of {E/3/11}? Do you see there a copy of your22 first witness statement in French?23 A. (Not interpreted): Oui.24 Q. Thank you. If you turn to {E/3/17}, which again will25 come on the screen, is that a copy of your signature?

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1 A. I confirm it is.2 Q. Thank you. Are the contents of your statements true?3 A. Yes, I confirm that the contents of my statement is4 correct.5 MR BROOK SMITH: Thank you. Just wait there. There will be6 some questions for you.7 MR JUSTICE FLAUX: Right.8 Cross-examination by MR WALLER9 MR WALLER: Good morning, Mr Dileita.

10 Could I ask you to turn to {E/3/12}, and look at11 paragraph 6 of your statement? It's page 4 in the12 English. {E/3/4}13 THE INTERPRETER: Would you mind just repeating that for me?14 Thank you.15 MR WALLER: Could you go to E/3/12? The English is page 4.16 MR JUSTICE FLAUX: It's on the screen.17 MR WALLER: In paragraph 6 you set out your career,18 Mr Dileita. You returned to Djibouti in 1981, when19 I think you were 22 years old, and you were assigned to20 the presidential protocol department a year later in21 1982.22 A. I started -- I arrived in the country in 1981, after23 a difficult year, I started in September 1982 and worked24 for the protocol to the Presidency.25 Q. Thank you. You were appointed deputy to the head of the

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1 presidential protocol, and you worked in that department2 until 1993; correct?3 A. Yes, it is, my Lord.4 Q. Then you spent four years in Paris until 1997?5 A. Yes, correct.6 Q. Then you were the Djiboutian Ambassador to Ethiopia7 between 1997 and March 2001; correct?8 A. Yes, it is.9 Q. And for the last year and a bit, so between 2000 and

10 March 2001, at the same time you were the non-resident11 Djiboutian Ambassador to Uganda and Kenya; correct?12 A. For Kenya and Uganda, yes.13 Q. Then you became Prime Minister of Djibouti in14 March 2001, and you remained in that post until15 April 2013?16 A. Yes.17 Q. Thank you. Moving on in your statement, you deal with18 your relationship with Mr Boreh, starting at19 paragraph 10. {E/3/4} You say that you and Mr Boreh20 both come from large, well established families in21 Djibouti.22 Could you please help his Lordship on what you mean23 by a well established family?24 A. Thank you. What I would like to specify, I have25 a photograph and I've given a copy of it to Mr Boreh

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1 which shows a photograph of his grandfather and my2 father on the same photo in the 1930s, so it shows that3 they are very old families in the Republic of Djibouti,4 and my father was fairly aged, because he died in 1975,5 at the age of 86, and he had known his grandfather and6 that's what I wanted to talk about, that they are well7 established families, it's a very small country and all8 the families know each other.9 Q. So your family and the Boreh family go back many

10 generations in Djibouti?11 A. I'm not talking about fraternal or friendly relations,12 I am talking about a photograph that was given to me and13 of which I gave a copy, and it is on this photograph14 that I saw that the two members of the family were on15 the same family, and that would lead one to understand16 that they had relations.17 Q. You may have forgotten this, but you are in fact related18 to Mr Boreh by marriage, because Mrs Boreh's cousin is19 married to your nephew.20 A. (Answer not interpreted)21 Q. Mrs Boreh's cousin is a Touraya Banabila, and she is22 married to your nephew, Najib Nacer Ali?23 A. Are you talking about Madame Touraya?24 Q. Correct. She is married to your nephew,25 Nacer Najib Ali; correct?

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1 A. Najib Nacer.2 Q. And Najib is your nephew?3 MR JUSTICE FLAUX: I think he actually said, didn't he, that4 Mr Najib Nacer had died? I think he said "décédé".5 MR WALLER: Yes, I am not actually getting the English6 translation through at the moment.7 MR JUSTICE FLAUX: Did the witness say that he had died?8 A. Najib is deceased a few years ago, yes.9 MR JUSTICE FLAUX: Thank you.

10 MR WALLER: Was he your nephew?11 A. (Not interpreted): C'est ça.12 Q. He was married to Touraya Banabila?13 A. (Not interpreted): Oui, j'ai confirmé.14 Q. Madame Touraya is one of Mrs Boreh's cousins; did you15 know that?16 A. Yes, I did. Yes, I did know.17 Q. So Mr Boreh is related to you, albeit by marriage; do18 you accept that?19 A. I wouldn't say it quite like that. I think the marriage20 existed, I confirm that the marriage existed, but21 I think that, to talk about a family problem, I think22 the families that, I think, independently of the23 relations they are marriages -- where people lived24 outside, were not in a family environment together.25 Q. I see. You were involved in the marriage of Mr Boreh's

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1 son, Amar, weren't you?

2 A. (Not interpreted): Amar?

3 Q. Amar, I apologise. You were involved in Amar's

4 marriage?

5 A. Yes. Go ahead, go ahead.

6 MR BROOK SMITH: Could you specify what "involvement" means?

7 MR JUSTICE FLAUX: Yes.

8 MR WALLER: Well, I am asking the question first and I will

9 tell you in a moment. Let's just see if Mr Dileita can

10 remember.

11 Can you remember whether you were involved in Amar's

12 marriage?

13 A. (Not interpreted): Je confirme exactement ...

14 Q. And can you tell the court in what way you were

15 involved?

16 A. You know, I received an invitation, and when there are

17 personalities, families, you have the opportunity to ask

18 questions, I as Prime Minister, I participated in all

19 the marriages of the families that I knew, they were not

20 personal relations, it's quite normal for me, when there

21 are families that invite you, that you participate in

22 them, in marriages, but I wasn't a participant in the

23 marriage.

24 Q. My understanding is that your role was to ask Amar's

25 bride's family for permission for Amar to marry their

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1 daughter?2 A. No, not at all. I do not confirm that.3 Q. Do you just not remember it?4 A. Not at all.5 Q. You don't remember that. Well, just to be clear, my6 understanding, my instructions are that in March 20087 you were given that role, to ask Amar's prospective8 bride's family for permission for Amar to marry; and you9 don't recall that?

10 A. I do not remember, but you know, it's a family ceremony11 between two families, and in many cases it happens that12 to honour the guest or Prime Minister, one can ask, but13 in the case of Mr Amar I don't think this responsibility14 to ask for the hand, but it did not commit me in any15 way. It's a role which exists in all families, in all16 marriages, when there is a personality who arrives,17 somebody famous, somebody like a Prime Minister, people18 say "yes", it happened to me on several occasions, but19 in the case of Amar I don't think so, but if there is20 evidence I am prepared to look at it.21 Q. But it's a role, if this is what you did, it is a role22 reserved for people who are important and close to the23 family; correct?24 A. Habitually, you are right to say it's reserved for the25 family, but in the situation in our own country it

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1 happens that a politician or a religious person, to be2 able to honour his presence, he may be asked to provide3 this type of evidence, testimony.4 Q. When you went to Dubai, you would go and visit Mr Boreh;5 is that correct?6 A. I came from a mission from the outside and that's where7 I met Mr Boreh in 2005.8 Q. There are two examples in your witness statement where9 you say you went to Dubai. Perhaps you would look at

10 the first one, paragraph 13 of your witness statement,11 which I think is {E/3/13} in the French and {E/3/5} in12 the English. You refer there to a meeting you had with13 Mr Boreh in Dubai in 2007. We will come back to that14 meeting later.15 You also refer to meeting Mr Boreh in Dubai in 2009,16 you see that in paragraph 15. What I am suggesting to17 you is that your relationship with Mr Boreh is18 sufficiently close that when you go to Dubai you will go19 and see Mr Boreh?20 A. No. If you read carefully paragraph 13, I'm talking21 about a visit to Dubai, I specified that I did not go to22 Dubai just to see Boreh, I'm talking about a visit,23 I was on an official visit, and during this period,24 indeed through contacts, I had a meeting and he had25 asked if we could meet, that's how I came.

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1 In paragraph 15, I was on a mission in Doha, and we2 saw each other before at the hotel, at the Meridian3 hotel in Paris, but we didn't have the meeting, we4 didn't have any talks, it was -- he was with his wife,5 it was an informal meeting at the time, and when I was6 getting into the car, we were in front of the car,7 that's it, that was all.8 Q. Yes, I am not saying you necessarily made special trips9 to visit your friend in Dubai; what I am saying is that

10 your relationship was sufficiently close that if you11 were in Dubai you would see Mr Boreh?12 A. No. That's not how I see things. I -- on several13 occasions I visited Dubai, but I did not ask for14 a meeting, I did not visit Mr Boreh on each time that15 I went to Dubai. What I'm talking about are very16 specific circumstances, and that's it. Every time17 I went, I was coming back from a mission, I went to18 Dubai, I didn't see him every -- Mr Boreh every time,19 I did not have any special relations with him.20 Q. Mr Dileita, have you met Sheikh Mohammed?21 A. (Not interpreted): À Djibouti, oui, mais pas -- oui.22 Q. Have you met him in Dubai as well?23 A. No. I saw him at a ceremony for the launch of24 a project, but he was far away, but I didn't have any25 discussions with him.

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1 Q. Could we have a look very quickly at what Mr Hadi says2 in paragraph 16 of his statement? If you could go to3 {E/7/3}, Mr Hadi says at the end -- it's in English, I'm4 afraid, so let me read what he says, and it can be5 translated for you. He says at the beginning of6 paragraph 16:7 "In 2000, when Mr Boreh moved into a bigger house8 and became involved with the port development, he began9 inviting a wider group of people to these gatherings."

10 These gatherings he is talking about are referred to11 in paragraph 15 above and are social gatherings at his12 house.13 Towards the end of paragraph 16 he says that he saw:14 " ... Hassan Said Khaireh, the national security15 adviser, and [you] Mr Dileita, the Prime Minister,16 perhaps one or two times [at his house]."17 Is that right?18 A. The residence of Mr --19 Q. Is that right, what Mr Hadi says?20 A. No. I went, I visited probably during the construction21 of Mr Boreh's house. I think it was in 2007, he himself22 invited me, but it was with Hassan Said, with23 personalities that -- I wasn't aware of a meeting in24 that particular context. I remember on that day in 200725 Mr Boreh had invited me to visit his home, but I think

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1 there were works going on at the time, I only remained2 five or ten minutes, just to sort of look at the works,3 you know.4 Q. Okay. Can we turn to your professional dealings with5 Mr Boreh quickly? You say in paragraph 10 of your6 statement {E/3/4} that you met Mr Boreh a few times when7 you were the deputy of the presidential protocol8 department, and that's in the 1980s; correct?9 A. I said I just saw him briefly, I could see him come,

10 that he was there without at the time -- we didn't have11 any relations at the time, and there was no contact.12 I wasn't an important person to have meetings with him13 at that time.14 Q. Then moving on to your time as Ambassador to Ethiopia,15 you say he asked you on occasions to intervene with the16 Ethiopian authorities in your official capacity; that's17 what you say in paragraph 10?18 A. The situation when I was Ambassador was much more19 difficult because Mr Boreh, at the time, at the time20 when I was the Ambassador, he was forbidden from going21 to Ethiopia, so he didn't go there, but it's true on22 several occasions by the way of representatives on site23 there were interventions, but it wasn't something that24 was really close relations at all, because I didn't see25 him at all apart from the official visit when the

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1 President came, and he accompanied him for a couple of2 days, throughout the period when I was Ambassador he3 could not go to Ethiopia.4 Q. Okay. Now, he had business interests in Ethiopia;5 correct?6 A. Before I was Ambassador in Addis Ababa, yes, he had7 already started.8 Q. And when you were Ambassador, he had business interests?9 A. I suppose so, his representative, Mr Boreh, who was

10 there at the time, I saw him occasionally, I know that11 he had a house, I had the opportunity to spend days12 there, and it was a home by the lake, he had his13 interests. But personally, I didn't need to discuss his14 business interests during that time.15 Q. Okay, but part of your role as Ambassador to Ethiopia16 presumably would have been to promote trade between17 Djibouti and Ethiopia?18 A. (Not interpreted): Oui.19 Q. Mr Boreh was a prominent businessman trading with20 Ethiopia, presumably you encouraged him to do business21 in Ethiopia?22 A. No, no, I don't see things like that. I am telling you23 clearly that the period when I was Ambassador, he was24 forbidden to go to Ethiopia, which meant that the work25 that he had started in Ethiopia, myself I wasn't

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1 involved -- get involved in these activities. Those2 activities were represented by someone else, but in my3 capacity as Ambassador was in no way concerned by this4 business. But it's true that if the authorities had5 summoned, asked me to sort a problem in detail regarding6 business activities, of course in my capacity as7 representative I would intervene, but I didn't need to8 intervene because it was a slightly delicate9 situation --

10 Q. Okay.11 A. Abdourahman was absent from the country and could not12 come to Addis Ababa.13 Q. You also say in paragraph 12 that you attended official14 ceremonies with Mr Boreh, and can I give you an example15 of that: can you look at {E/23.13/1}? This is16 a WikiLeaks cable from 9 June 2004, and it relates to17 the inauguration of the Free Zone. Sorry, Mr Dileita.18 This relates to the inauguration of the Free Zone in19 June 2004. If we go to page 2 {E/23.13/2} of this20 document, and you look at paragraph 4, under "Optimism21 from Investors", you see the President of Djibouti, the22 Prime Minister, Mr Dileita, were attending this23 inauguration; correct?24 A. Yes, it is.25 Q. You will see that it's also said here that it was

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1 attended by what the US Ambassador describes as "the key2 Djiboutian investor, Abdourahman Boreh, participated in3 the inauguration". Do you see that?4 A. Yes, I do.5 Q. You knew, didn't you, Mr Dileita, that Mr Boreh was6 a key investor in the Free Zone that you were7 inaugurating?8 A. No, I don't think a play on words, I wasn't --9 Abdourahman was an investor, he was somebody who

10 represented the business interests with the authorities11 in Dubai but I didn't know him in that sense.12 MR JUSTICE FLAUX: I don't think that's an answer to the13 question.14 THE INTERPRETER: Sorry, I'm just a little bit tired. Can15 I have a two minute break? I will ask him to repeat.16 Could I ask the last question to be repeated, and then17 perhaps I could ask the witness to repeat his answer?18 MR JUSTICE FLAUX: Yes.19 MR WALLER: Okay.20 MR JUSTICE FLAUX: I don't think he understood the question.21 Let's try again. The question was: Mr Dileita was22 asked whether he, Mr Dileita, knew that Mr Boreh was23 a key investor in the Free Zone that was being24 inaugurated on the occasion that the American Ambassador25 is talking about. So you knew that he was a key

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1 investor, that's the question. Do you accept that?2 A. No, my Lord, but Abdourahman was the representative of3 the authorities, he was named in 2003 President of the4 authority, but for me he was somebody who defended5 the -- supported the project of the Free Zone or of the6 port authorities, but not -- not as an investor.7 MR JUSTICE FLAUX: Right.8 The interpreter asked for a break. I was told9 earlier on that there was only going to be one

10 interpreter this morning, which is unsatisfactory, and11 that therefore there would need to be frequent short12 breaks. So I don't know what steps can be taken to get13 other interpreters here but, for future reference, if we14 have interpreters like this we need to have two, without15 fail, every day for the whole day. So there has been16 a breakdown here somewhere, and it's not satisfactory.17 I will rise for five minutes.18 (11.07 am)19 (A short break)20 (11.15 am)21 MR WALLER: Your Lordship, the proposal we have made, which22 I think the other side have accepted, is that I'm going23 to try and restrict this cross-examination just to the24 key points, because if we go to the more tangential,25 peripheral points, we will be here all day.

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1 MR JUSTICE FLAUX: At the moment, leaving aside problems of2 interpretation, there has been very little that's of any3 real assistance, as far as I am concerned.4 MR WALLER: Yes.5 MR JUSTICE FLAUX: For what it's worth, the witness has said6 quite a lot in French that has not come out on the7 transcript.8 MR WALLER: Yes.9 MR JUSTICE FLAUX: Which is fine, you know, and what I try

10 to do, because I speak French, is I have tried to ensure11 that he has not said something that seems to me to be12 important and it hasn't come out on the transcript, but13 that's desperately unsatisfactory if the judge is14 hearing something that is not being interpreted and15 therefore can't be on the transcript, you know, for when16 we come to making submissions in six weeks' time or17 whenever it is, you know.18 MR BROOK SMITH: Obviously we share your Lordship's19 dissatisfaction, we have noticed on our side things have20 been going wrong in the translation, and we have not21 been jumping up each time because that's just22 disruptive, but at least we will have the French audio23 tape that can be checked.24 MR JUSTICE FLAUX: That's true. I don't think -- presumably25 you have French speakers in court?

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1 MR BROOK SMITH: Yes.2 MR JUSTICE FLAUX: As far as I am aware, nothing important3 has been missed, as in nothing critical.4 MR BROOK SMITH: Quite so.5 MR JUSTICE FLAUX: But there has not been much critical so6 far anyway.7 MR BROOK SMITH: I am told that other translators are coming8 at 1 pm today.9 MR JUSTICE FLAUX: Let's get on with it as best we can.

10 Thank you very much.11 MR WALLER: Mr Dileita, you were talking about -- we were12 talking about Mr Boreh's interest in the Free Zone. The13 Dry Port and the company DDP was the first14 public/private investment in Djiboutian history; is that15 something you are aware of?16 A. I didn't talk about the investments of Mr Boreh, I just17 talked about -- I said that when the project at the18 port, the Dry Port project, started and what it led to19 thereafter in Djibouti for me Mr Boreh was the main20 element because the President had entrusted him to see21 the project through, he was somebody who was working in22 the name of the Republic of Djibouti, the President of23 the Republic, to see these projects through with the24 Dubai authorities. That's the meaning of my25 intervention. But thereafter, when there were problems

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1 in the different, various documents that the party of2 the lawyers of Djibouti showed to me, we would talk3 about certain declarations, statements that Mr Boreh was4 an investor. Up until then I had no knowledge that5 Mr Boreh had shares in the Dry Port.6 Q. Okay, Mr Dileita, if you could try and confine your7 answer to the question.8 When you were Prime Minister, did you appreciate9 that DDP was the first public/private investment in

10 Djiboutian history? Did you know that?11 A. (Answer not interpreted)12 Q. The Dry Port, did you appreciate that was the first13 public/private investment in Djiboutian history? Did14 you appreciate that?15 A. Yes, of course.16 Q. So it was an important and high profile project in17 Djibouti; correct?18 A. Yes, I confirm it.19 Q. As Prime Minister, that's something you would be20 expected to know about? Given its importance, you would21 have familiarised yourself with the Dry Port; correct?22 A. I arrived in the March, month of March 2001 as23 Prime Minister, the project had already been initiated,24 I wasn't of course President whilst the preliminary25 phase, and during the agreement that was signed in 2000

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1 I wasn't in the country at the time, I was away and2 I arrived in March 2001. But this project, as I said in3 my statement, was a project that we were very proud of.4 Q. Right. In 2001, when you became Prime Minister, who did5 you think owned the Dry Port?6 A. The people of Dubai.7 Q. You thought Dubai owned the Dry Port?8 A. Yes. It was -- the ownership of -- with the investors,9 investment of the people of Dubai, before -- the first

10 project that the people of Dubai carried out was the11 Dubai project, the Dry Port.12 Q. No, that's not right. In 2001, Dubai had no interest in13 the Dry Port?14 A. When I arrived, during the visit with Djibouti, the15 Sultan presides -- said clearly in the car that it was16 our first investment of Dubai in Djibouti was the17 Dry Port, that was the information from the mouth, the18 President, Mr Mohammed, and the Sultan, and the19 investment, I am not aware, I know the first project20 that was launched in the Dry Port was --21 Q. That was in 2004.22 A. -- the people of Dubai.23 Q. Dubai's investment in the Dry Port was in 2004. I am24 asking you what happened when you became Prime Minister25 in 2001?

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1 A. For me, the Dry Port project, there were two phases.2 The first phase, the first document was when I was3 Ambassador in Addis Ababa, because it was a file, a case4 that I clearly followed, because the authorities of5 Dubai refused to make the goods arrive, and I asked the6 President to intervene with the authorities, that we7 must release equipment in the Dry Port. Then there was8 a second phase in 2004, for, it was -- it really became9 much more important.

10 I don't know if you have visited Djibouti. You can11 see that there are two parts. I talked earlier about12 the first part, which was the part which had been13 started in 2000 to export the equipment and then the14 transfer of goods from Eritrea to Djibouti.15 Q. So in terms of Phase I you knew about the Dry Port. Who16 do you think owned it in the first phase? Before Dubai17 became involved, who do you think owned the Dry Port?18 A. I always thought it was the people of Dubai who were the19 owners.20 Q. Well, that can't be right, Mr Dileita.21 A. That is your interpretation. You asked a question, I've22 given you my interpretation.23 Q. Did you realise that Mr Mezzedimi and Mr Rizzo were24 owners of the Dry Port?25 A. I think the location we are talking about, you do not

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1 locate -- for me the Dry Port is a location at the2 phase -- at the top of the Venise Road, the first phase,3 that's why I am telling you that I wasn't President at4 the time in the country, I am talking about talks that5 took place in the car, because they said to encourage6 Mohammed to invest. The Sultan said to Sheikh Mohammed7 that "we have invested a certain amount in this project,8 this Dry Port project, and we were able to refund the9 investment within two years". Those were the arguments.

10 But in reality, I wasn't a technician, I didn't follow11 this case, I was away from the country.12 Q. I think you strayed off the question. Did you realise13 that Mr Douale appreciated that Mr Boreh owned the14 Dry Port? Did you appreciate that?15 A. Not at all.16 Q. Mr Boubaker knew that Mr Boreh had an interest in it?17 A. No, not at all.18 Q. Mr Moussa, the Minister of Presidential Affairs, knew19 that Mr Boreh had an interest in the Dry Port. Did you20 know that?21 A. Not at all, no.22 Q. The President was aware of the shareholders in the23 Dry Port. Did you appreciate that?24 A. Not at all.25 Q. We also know that Mr Boreh's interest in the Dry Port

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1 was public knowledge. Can I ask you to look at2 {E/23.3/1}? If you could just have a look at this --3 MR BROOK SMITH: Perhaps he can be told what it is.4 MR WALLER: This is an article or a news wire from5 Africa Intelligence dated April 2000. It refers to the6 manager of the Dry Port, Gianni Rizzo, writing to the7 Indian Ocean Newsletter to explain that his company had8 obtained tax exemptions.9 If you go halfway down you see the words:

10 "He stated that the majority (73.45%) of present DDP11 capital ... is held by two groups of private investors,12 one Djibouti united behind Abdourahman Boreh and the13 other European with Sergio Mezzedimi. To this are added14 the holdings of the Djibouti State owned [company]15 SID ... and ... [PAID]."16 So that is the position in April 2000. So the17 journalists who wrote this article were aware who owned18 the Dry Port; are you telling this court that you were19 unaware of who the owners were of the Dry Port in20 April 2000?21 A. I confirm to you that in 2000 I wasn't in the country,22 I was not in the country, I was Ambassador in23 Addis Ababa. You are talking about a journal,24 a newspaper, that is a subsidiary that appears every25 month, and it relates to sometimes mistaken information,

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1 it is not an important element, it's sold online, on the2 internet, and -- but regarding this case, all this3 information that you are showing to me, I did not have4 any information, if certain personalities have confirmed5 that Mr Boreh had shares I personally was not aware,6 neither in 2000 nor in 2001, until I recently saw this7 article.8 MR ROBERTSON: My Lord, I am sorry for interrupting, but9 I was listening when the French interpretation of the

10 document was being read to the witness; as I heard it,11 the particular element where it says "united behind12 Abdourahman Boreh" wasn't translated. The13 interpretation slipped straight into "and the other14 European with Sergio" --15 MR JUSTICE FLAUX: I wondered about that.16 MR WALLER: I am obliged, sorry.17 MR JUSTICE FLAUX: It's not coming out. I don't think this18 is helping. I have the witness's evidence. You can put19 as many of these as you like to him, he doesn't accept20 that he ever knew that Mr Boreh had a shareholding. He21 appears to have been in a minority of one on that.22 There it is.23 MR WALLER: I just have one more document, when he was24 actually Prime Minister.25 MR JUSTICE FLAUX: By all means, but I am simply making the

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1 point that this is what he is saying and he is going to2 go on saying it, and you know, after a while it becomes3 counterproductive.4 MR WALLER: I follow that. I am just going to show him one5 other public document when he was Prime Minister, and6 then I will move on.7 MR JUSTICE FLAUX: Sure, sure.8 MR WALLER: Can I ask you to look at {E/23.8/1}? This is9 again Africa Intelligence, dated July 2002, so you are

10 now the Prime Minister, and it's talking about -- if you11 go halfway down this document, it talks about its12 headquartership will be located on Rue de Venise:13 "The affiliate's manager, Sergio Mezzedimi, already14 represents a group of European investors in the Djibouti15 Dry Port" --16 MR JUSTICE FLAUX: Hang on a moment, Mr Waller. Take it17 slowly, because then it can be translated. Then the18 next bit, slowly.19 MR WALLER: "DDP's other important shareholder is a group of20 Djiboutian interests led by Abdourahman Boreh,21 a businessman close to President ... Guelleh."22 So you are Prime Minister at this point in time, you23 have a public article referring to Mr Boreh as a major24 shareholder; is it still your evidence to this court25 that you did not appreciate that Mr Boreh had

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1 an interest in the Dry Port?2 A. I maintain what I say, I stick to what I say, what3 I said in my statement, and what I have just said to4 you, that for me in 2002 Abdourahman was5 a representative of the Government of Djibouti with6 these authorities, but I had no knowledge of his7 investment in this project overall.8 Q. In 2002, Mr Boreh was not a representative of the9 authority, that appointment was in May 2003. Do you

10 want to change your answer, or are you going to maintain11 that you did not know that Mr Boreh had an interest in12 the Dry Port?13 A. Not at all. I maintain what I said.14 Q. Right. Can we then quickly deal with your evidence on15 Horizon, which is it to the same effect? Can I ask you16 this: who did you think owned the Horizon Terminal?17 A. The owner, it was a project that was set up by the18 people in Dubai, with ENOC, I think, but I do not know19 all the details of the investors or the people, I knew20 in fact Mr Hussain, a director who I had met during my21 stay on the day of the inauguration, but I was -- you22 know, I did not follow this port project very closely23 because it was being dealt with at presidential level,24 and I did not --25 THE INTERPRETER: I have asked him to repeat.

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1 A. The project overall of the Free Zone were under the2 Presidency, that's what you wanted to hear.3 MR WALLER: I am going to come back to that answer in one4 moment.5 Mr Boreh's evidence is that he told you that he had6 a shareholding in Horizon, and that's true, isn't it?7 A. No. No, he never talked about that.8 Q. Okay. Can we look at paragraph 18 of your witness9 statement? {E/3/6}. You say here:

10 "As a Djiboutian, I was very proud to see those11 projects going forward and believed it would be a great12 opportunity for the country. This was the first time13 Djibouti had entered into a real partnership with14 an Arab country, as opposed to just receiving funding."15 Now, pausing there for a moment, can you explain to16 the judge what you mean by entering "into a real17 partnership with an Arab country as opposed to just18 receiving funding"?19 A. I think it's clear insofar as Djibouti indeed received20 quite a lot of financing for projects from Arab21 countries, but we are talking about a partnership with22 the people of Dubai, and it's this project took place at23 a time when all the traffic between Ethiopia turned24 towards, switched towards Djibouti, because you know25 that the main part, 70% of the project of Ethiopian

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1 traffic was managed by the Port of Eritrea, and after2 the war everything was turned towards Djibouti, and it3 happened at the right time. That was the reason why4 Djibouti and the whole population was proud of this5 project, because it gave new opportunities for Djibouti,6 and things really changed in relation to this project.7 Q. Can I put this to you: when you are referring to "just8 receiving funding", you are talking about receiving9 loans from people like the Arab Funds on non-commercial

10 terms; is that right?11 A. You know, when I talk in -- this paragraph talks about12 loans or donations, but since independence, Djibouti's13 always benefitted, there have been Asian countries,14 European countries. I think that every time that we15 made a request for a project, it took time. Djibouti16 received and benefitted from, either from donations or17 in the form of credits for the projects that we were18 submitting.19 Q. But the point you were making in this paragraph is that20 you were proud to be moving away from that form of21 funding and moving to what you describe as a real22 partnership approach; is that right?23 A. Yes, it is. Yes, absolutely.24 Q. Thank you. You then go on in paragraph 18:25 "This was the grand project, made possible because

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1 of President Guelleh, and the population was most2 enthusiastic about it."3 Then moving on to your next paragraph, 19:4 "In general, my role as Prime Minister was to deal5 with internal matters, rather than foreign affairs. In6 addition, the port project was a special project under7 the supervision of the Presidency to avoid interference8 by other ministerial departments, and was therefore far9 removed from the matters with which I had to deal."

10 Can I ask you to look very quickly at {N9/45/1} and11 there is a translation at 45T {N9/45T/1} for the English12 speakers. This is a decree from --13 MR JUSTICE FLAUX: Hang on, you will have to wait, because14 it's not on the screen yet.15 MR WALLER: I apologise.16 MR JUSTICE FLAUX: Right. So this is the decree in 2003.17 MR WALLER: That's right, which relates to the creation of18 the board of directors for the DPFZA. I was just going19 to direct the witness to Article 4:20 "The board of directors is under the authority of21 the President of the Republic and its members are to22 carry out their duties in complete autonomy in respect23 of any ministries that may be affected by the operations24 of the Djibouti Ports and Free Zone Authority."25 MR JUSTICE FLAUX: I think the best thing is: ask the

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1 witness to read Article 4 in the French. Just ask him2 to read Article 4 in the French on the screen.3 MR WALLER: Mr Dileita, could you read Article 4 in the4 French, please?5 MR JUSTICE FLAUX: Read it to yourself. Have you read it?6 Yes.7 Ask your question, Mr Waller.8 MR WALLER: Thank you.9 That reflects what you are saying in your

10 paragraph 19, that the port project was a special11 project under the supervision of the Presidency to avoid12 interference by other ministerial departments; correct?13 A. Yes, it is.14 Q. It's right to say that the President took a very close15 interest in this important project; correct?16 A. I wouldn't say quite that. I would say this project had17 the special factor of having found partners who already18 had funds available, and that's the reason why we had to19 see it through, because we were in a rush, because20 I repeat once again, by the fact that all the traffic21 from Ethiopia was going to Djibouti, things had to be22 dealt with quickly, and that's why the President was23 avoiding any interference in this project, and that's24 why he had appointed people to see this project through.25 Q. Thank you. It's right to say, isn't it, that the

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1 President himself took a very close interest in this2 project?3 A. For the country but not for --4 MR JUSTICE FLAUX: No, no, no. There is a misunderstanding.5 MR WALLER: Oh, I see.6 MR JUSTICE FLAUX: It's coming over that he had some7 personal interest in the sense of having a share of some8 description.9 MR WALLER: No.

10 MR JUSTICE FLAUX: So can we think of a way of rephrasing11 it? I think he said interested in the sense of12 interested for the country, but for not himself,13 I think. Maybe that's enough.14 MR WALLER: Yes.15 The President himself, and no one else in the16 Government, ran this special project; correct?17 A. It was the Presidency that managed the project, the18 duties -- the Prime Minister is not head of the19 Government in Djibouti, which means that he has a role20 of co-ordination and governmental action. As head of21 Government, what the President described as the duties22 of certain missions, that's what I would like to say,23 but the President, if wanted truly this project to be24 under the Presidency, it was to avoid that things may25 accelerate.

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1 Q. I think what you are saying, very shortly, is that given

2 the urgency, the President took control of the project

3 himself to the exclusion of other Government ministers;

4 correct?

5 A. I wouldn't interpret it in that sense, but I would say

6 that for this project to progress, to avoid

7 interference, he truly wanted to accelerate it under the

8 leadership of a group of people he had chosen and who

9 were working in this project.

10 Q. And the President himself is an intelligent man,

11 Mr Dileita; correct?

12 A. For me, yes.

13 Q. He is a shrewd man; correct?

14 A. Say, that's your interpretation that he is shrewd.

15 MR JUSTICE FLAUX: Well, you know him, you must know whether

16 he was shrewd or not. Is he shrewd or naive?

17 A. I have no comment.

18 MR JUSTICE FLAUX: Right.

19 A. Because someone who was successful in his mission, in

20 his project, does that -- is it specific to the person,

21 to qualify him as clever to have succeeded? For me,

22 they are qualifications, descriptions that are not part

23 of this context.

24 MR JUSTICE FLAUX: Right.

25 MR WALLER: He is financially astute; do you agree?

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1 A. That's your interpretation, it's not mine.2 Q. So you don't think he is financially astute, the3 President, or you are not expressing a view?4 A. I do not have this type -- I am not -- I cannot make5 this type of comment on the President, because I didn't6 have the opportunity of working with him in this7 context, to deal with financial fluctuations, I don't8 have this image of the President of the Republic.9 Q. Can we look at paragraph 13 of your witness statement,

10 which is at {E/3/13} in the French, and {E/3/5} in the11 English?12 Just to put this paragraph in context,13 President Guelleh was elected in 1999 and then14 re-elected in 2005; correct?15 A. Yes, it is.16 Q. As per the constitution that was in force in 2007,17 Guelleh could not have stood for re-election in 2011;18 correct?19 A. Yes.20 Q. And you say in paragraph 13 in the first line:21 "Since 2006, Mr Boreh had been in dispute with the22 Minister of Finance concerning unpaid tax debts by23 Mr Boreh's companies."24 Then you say:25 "In 2007 I went to Dubai."

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1 A. Yes.2 Q. Am I right in thinking that the reason you think this3 meeting took place in 2007 is because it was the year4 after Mr Boreh had a dispute with the tax department; is5 that right?6 A. 2007, the relations, Mr Boreh and the President, were7 intact, there were no problems between these two8 personalities. It's true there were difficulties with9 the Finance Ministry because the Finance Ministry has

10 submitted a certain number of documents relating to11 unpaid matters, but between the President and Boreh12 there was no problem at all.13 Q. I was just wondering how you got to the date 2007, it's14 a very imprecise date, and if the tax dispute occurred15 in 2007 and not in 2006, as you say in the first16 sentence, is it possible that this lunch that took place17 took place in 2008? Is that possible?18 A. The problem of taxes is an administrative problem --19 MR JUSTICE FLAUX: No, you are not answering the question.20 It's a very straightforward question. If the tax21 dispute was in 2007, just assume that it was in 2007, is22 it possible that this meeting in Dubai with Mr Boreh was23 in fact in 2008 and not 2007?24 A. I think it was in 2007, not 2008. I think it was in25 2007, because Abdourahman in 2007 he came back to

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1 Djibouti just after the meeting, he came regularly, but2 it was after 2008 that Abdourahman left the country, if3 my knowledge is accurate, I think that it was after4 2008, since the departure of Abdourahman that this5 problem became more important. But in 2007 --6 MR JUSTICE FLAUX: If it matters, this is frankly the sort7 of point that ought to be capable of being confirmed one8 way or another by the claimants. I mean, they must know9 when their own Prime Minister left the country to visit

10 Dubai. He was presumably there on some sort of official11 visit, because he didn't go to see Mr Boreh, as he said12 earlier in his evidence.13 MR WALLER: Yes. Well, that would be helpful, if they could14 confirm that.15 MR JUSTICE FLAUX: Yes. I should have thought so. I mean,16 there must be --17 MR WALLER: I don't think this witness has any clear18 recollection. He has given a year, so he is trying, he19 is doing his best.20 MR JUSTICE FLAUX: Quite. But it's the sort of point that,21 you know ...22 MR WALLER: Yes. If it could be confirmed, I would be23 grateful.24 Your own recollection, you have said it's some time25 in 2007, that's over a 12 month period, so you yourself

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1 have no -- and understandably -- clear recollection of2 precisely when the lunch occurred; correct?3 A. I haven't. I am sure that it was in 2007, but I cannot4 be categorical over the date, because it was a long time5 ago.6 Q. Now, you say at this lunch that he began talking7 about -- this is the third line of paragraph 13, if you8 look at the French -- "the general political situation9 in Djibouti, making critical remarks in a very

10 roundabout way."11 Could you explain briefly what critical remarks12 Mr Boreh was making?13 A. There was no specific subject, but it was an informal14 meeting when he criticised administration, political15 problems, but it's to show his discontent with regards16 to the situation in Djibouti, it was his point of view,17 that was how he himself saw it, and he talked to me18 about it, and that's why I talked about it.19 Q. The next sentence, you say that:20 "[You] asked him what his true intentions were and21 whether he was planning to stand for President."22 Why did you ask him that question?23 A. I asked him the question because he talked to me about24 political problems and mainly about the end of the25 mandate to the President in 2011 saying the President of

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1 the Republic normally, his mandate came to an end,2 because the two mandates were of 1999, 2005, 2005 to3 2011. He was talking about the end of the mandate of4 the President, and that's why all the discussions were5 around the problem with the tribes that could replace6 the President during this period.7 Q. Had you been asked by the President to find out what8 Mr Boreh's presidential ambitions were?9 A. No, not at all. It was I, on my return from Dubai,

10 talked to the President about it, but saying that we had11 discussions, because Mr Boreh said to me "Why not?"12 I will try, when I talked about the ambitions, that13 indeed he could present himself.14 Q. If you look at your statement, you go to Dubai on some15 other visit, but you asked Mr Boreh whether he has16 presidential ambitions, and when you get back to Dubai,17 you go straight to the President and report on what you18 had found out?19 A. That's your interpretation of the event, that's not the20 way I see things. I had somebody that I knew at21 a lunch, we had talks and at these talks, talked about22 the mandate of the President, and then I discovered that23 somebody who had ambitions or let me understand that he24 had ambitions, and I told him that for me you are25 succeeding, you are a businessman, I do not think that

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1 your role is to take part in politics. That's2 something -- and in the comments on my return to the3 country, I talked with the President and he had the same4 opinion as I, that Abdourahman wanted to present himself5 as President, he didn't have this ambition because he6 wanted to succeed in business, that was his ambition.7 Q. I thought you told his Lordship earlier that you didn't8 consider yourself a friend of Mr Boreh?9 A. I said so, and I repeat it.

10 Q. So this wasn't a conversation between friends, this was11 a conversation that you initiated about Mr Boreh's12 presidential ambitions?13 A. No, not at all. There were talks between two people who14 knew each other, even though we still were friends, but15 I'm not part of his entourage of his environment who16 frequented daily Abdourahman, but we knew each other, we17 saw each other outside, he asked me --18 I was saying that, like anybody from Djibouti, we19 were friends, it's a small country where everyone knows20 each other, and Abdourahman was a friend, also, that21 I knew, and talks, informal talks that we had, and22 that's it, I gave my opinion on that and he told me what23 he thought, that's it.24 Q. You say, in the paragraph, when you asked this question:25 "He said 'why not?' ... he also said, with a certain

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1 resentment, that President Guelleh's clan, the Mamasan2 (who are a subtribe of the Issa), had been in power3 twice and it was time for someone else to replace him."4 Focusing on those words "with a certain resentment",5 what did you mean by that?6 A. I think it's clear, because he was referring to the7 successive mandates of two people from the same tribe,8 namely the first President of the Republic was Mamasan,9 the Mamasan tribe, the second mandate, was the same

10 thing, he said that it is important that a member of11 another tribe could be represented, and he made12 an analysis of all the tribes that were in the country,13 and it was at that time that I asked him the question:14 is he interested.15 Q. Right. Then you say that he asked if you would support16 him and "I said that I would not". So as far as you17 were concerned, Mr Dileita, Mr Boreh was not going to18 support President Guelleh's plan to amend the19 constitution to allow him to stand for a third term;20 correct?21 A. No, we didn't have talks in that sense, because a change22 in the constitution, I piloted it, because our23 constitution allowed for these changes. You know, in24 Africa there are many constitutions, we say that no25 change can occur, but the constitution in Djibouti

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1 allowed this opening, either at the assembly or by2 referendum, and that's why I can't be categorical that3 there will definitely be someone else, the President4 can't represent himself and I said to Mr Boreh that5 there will be a return of the President because we are6 trying to set it up.7 MR JUSTICE FLAUX: I am not sure that any of that came out8 properly. It in fact wasn't an answer to the question9 anyway. In a sense, it's a matter of comment, isn't it?

10 MR WALLER: It is. It's important to understand precisely11 what Mr Dileita took from this meeting.12 MR JUSTICE FLAUX: Yes, I understand that. In which case,13 what I was about to say was, to him: what you are being14 asked about, Mr Dileita, is what you personally15 understood when you came away from the meeting, and what16 counsel is suggesting is that one thing you did17 understand is that Mr Boreh would not support18 President Guelleh if President Guelleh tried to change19 the constitution and stand again for President; not20 being asked whether you discussed that with Mr Boreh but21 whether that was what you understood from what you had22 discussed with Mr Boreh.23 A. You are right, my Lord, indeed we didn't talk about the24 details in those terms, namely the support of Mr Boreh25 for the 2011 hadn't been dealt with during our

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1 conversation, we just talked about 2011 insofar as2 someone needed to represent the President of the3 Republic, and that's why I wanted to explain a little4 bit in detail these points of the constitution that5 could be -- allow the President to be represented.6 MR JUSTICE FLAUX: But if you had thought about it, when you7 left the lunch, you would have said to yourself, "Well,8 Boreh isn't going to support Guelleh if he tries to9 stand again"; is that right?

10 A. I don't think I had that feeling, but it's possible to11 see things in that particular way, because he was12 someone who talked about his ambitions, and that13 I discouraged, but for 2011 we were a few years away14 from this election, I didn't think about it, but15 I think, my Lord, that, your Honour, I had this ambition16 that truly Boreh would be somebody who would not support17 Guelleh in 2011.18 MR WALLER: Yes. I think it's, with respect to you,19 Mr Dileita, quite clear from what you say in20 paragraph 13 that you must have understood that Mr Boreh21 would not be supporting President Guelleh's plan to22 stand for a third term. Look at your penultimate23 sentence in paragraph 13, look at the French, and read24 to yourself the penultimate sentence, and then perhaps25 you could answer the judge's question again.

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1 (Pause)2 Have you read that penultimate sentence? Then if3 you could read the next sentence -- sorry, pausing4 there. It's plain that Mr Boreh is saying that5 President Guelleh has had two terms and he should not6 have a third term; that is what you are saying. Indeed,7 you say that Mr Boreh said that with a certain8 resentment. Then the next sentence, you say:9 "He asked if I would support him."

10 Now, that can only be supporting him in a bid to be11 President in 2011; correct?12 A. That is what I understood in the talks that we had.13 Q. Then in the last sentence you say:14 "I told him we needed President Guelleh to remain in15 office for the good of the country."16 In other words "I don't agree with you, we need to17 amend the constitution to allow Guelleh to remain in18 office, because that's in the national interest";19 correct?20 A. That's what I said I wanted to develop earlier. At the21 time when I talked with Mr Boreh, the decision in my22 opinion, at my level, as Prime Minister, had -- we were23 trying to work already on the change in the24 constitution, because we are in a crucial period, and25 the talks that we had with Mr Boreh were talking about

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1 this fateful date, in other words 2011, and that's how2 the matter, the question that was asked, and my answer3 that I gave, I myself, if knowing that we were going to4 change the constitution, that the President was going to5 present himself, I would support the President of the6 Republic in this new mandate, if I had been very clear7 in relation to this paragraph.8 Q. Yes, and just to be absolutely clear, you equally9 appreciated from your conversation with Mr Boreh that

10 Mr Boreh was not going to support President Guelleh11 standing for a third term, that was your understanding12 when you left this lunch; correct?13 A. It was the impression that I had at the request of the14 judge, and that's what I confirmed, to this feeling that15 I had after the end of the lunch, saying that tomorrow16 Boreh will not support the President.17 Q. Thank you. Paragraph 14 of your statement, if you again18 could read that to yourself in French. {E/3/5}19 (Pause)20 Okay? So when you got back to Djibouti, you went to21 see the President and you told the President about your22 meeting with Mr Boreh; correct?23 A. Yes, it is.24 Q. You told him that Mr Boreh was considering standing in25 the 2011 presidential election; correct?

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1 A. I didn't said it in that way. I said that I talked2 about this to the President with the discussions that we3 had in Dubai, Mr Abdourahman, that talked about his4 ambitions, but I didn't talk to Abdourahman would be5 President.6 I did not say things as you say I did. The only --7 I just repeat the discussions that I had with8 Abdourahman in a restaurant at a lunch when I talked9 about the ambition Abdourahman at a political level.

10 MR JUSTICE FLAUX: But when you went to speak to the11 President about what Mr Boreh had said, you must have12 been saying to the President, mustn't you, "Mr Boreh has13 ambitions to be President"?14 A. Yes, of course.15 MR JUSTICE FLAUX: Because if he had political ambitions to16 be the Minister of Works or the Minister of Finance, so17 what? He wasn't a threat to the President. The whole18 point is that you were telling the President that Boreh19 was a political threat to him because he wanted to be20 President. Isn't that right?21 A. No, your Honour, it's not in those terms. It's because22 for me it was information which -- that was important.23 For me, Abdourahman was somebody who supported the24 policy of the President, he was the person responsible25 for the project, the important project to the country,

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1 and when this person talked to me in these terms,2 I wanted to repeat to the President if he was aware of3 it. I did not say that the President, Abdourahman4 wanted was going to present himself, because at the time5 in the context Abdourahman was still in the country, he6 was a friend of the President, he was somebody who had7 the trust of the President. There were no problems had8 occurred at that time, and that's why I wanted to talk9 about it, to clarify a certain amount of points with the

10 President, but the President himself through his reply11 said "No, I don't think so".12 MR JUSTICE FLAUX: Right.13 MR WALLER: Okay. Presumably you told the President that14 Mr Boreh had tried to enlist your support for his15 political ambitions?16 A. No, I didn't talk about that. I just talked about talks17 that we had.18 Q. Well, the talks that you had had included him trying to19 enlist your support, and presumably you would have told20 the President that; indeed, you would have told the21 President with some pride that you had turned him down22 and that you supported him?23 A. I think you have misinterpreted my comments. I talked24 to you about the talks that we had. I talked about the25 conversation with Abdourahman, but I repeat once again,

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1 the person with whom I spoke, namely the President of2 the Republic, for him it was a subject that did not make3 sense, and that was the reason we did not comment over4 it, to the point of talking about support campaigns, we5 didn't, because it's a subject that the President said6 right from the beginning "No, I don't believe it".7 MR JUSTICE FLAUX: When the President said, "No, I don't8 believe it", surely at that point you must have said to9 him, "Well, Mr Boreh isn't joking, he is serious, and

10 what's more, he actually tried to get me to support11 him"; isn't that right?12 A. I don't think, my Lord, I went so far as to say that,13 but you are right to point out that I said that14 I believed in what he was saying, but the President15 never believed me. Because it was still his man of16 confidence, somebody he trusted.17 MR WALLER: Could I ask you to have a look at a paragraph in18 Mr Boreh's witness statement at {E/22/136}? What19 Mr Boreh says here in 464 is this, if I read it slowly20 the interpreter can translate it:21 "The idea of a constitutional amendment had first22 been mentioned to me in 2007 by two of the President's23 close political allies, Abdi Farah and24 Hachi Abdillahi Orah. My impression was that they had25 been sent by the President to sound out my views on this

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1 proposal -- which, if approved, would allow him to2 remain in office for a third term and potentially3 beyond. I told them that I could not support it."4 I want to suggest to you, Mr Dileita, that you too5 were sent by the President to see Mr Boreh to sound out6 his views on whether he would support Guelleh standing7 for a third term. Do you have any comment?8 A. No, not at all. I confirm that the meeting in Dubai was9 at the initiative of Mr Boreh, it wasn't I myself who

10 requested this meeting, and the lunch at the11 Hotel Marriott, it was his initiative, he suggested12 a location, he invited me, and the talks on the13 political problems was at the initiative of14 Mr Abdourahman, it wasn't I myself that created this15 idea, and that was the reason why I wasn't mandated to16 talk to Mr Abdourahman, nor sent to convince him, nor17 sent to support the President. For me, he was somebody18 who invited me and we had informal talks on this matter.19 Q. Okay. President Guelleh's term in office since 19 --20 MR JUSTICE FLAUX: Just a moment. (Pause) How much long21 you are do you have, Mr Waller?22 MR WALLER: 20 minutes.23 MR JUSTICE FLAUX: I am just wondering whether it would be24 sensible to have another break. We will have a break25 for five minutes, then. Thank you.

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1 (12.18 pm)2 (A short break)3 (12.22 pm)4 MR WALLER: Mr Dileita, President Guelleh has been in power5 since 1999, and would you agree that his term in office6 has been marred by harassment and oppression of7 political opponents?8 A. I don't have any impression about what you have just9 said, because the political parties are legal, the

10 opposition has a legal status in Djibouti, they can11 fully exercise their politics, policies, I don't12 understand how you can say there is a danger or a risk13 for these people.14 Q. Okay. Could I ask you very quickly, then, I will try15 and take this shortly, to look at {N1/28/1}. This is16 a document created by Amnesty International, and the17 subject matter "Djibouti":18 "... Moussa Ahmed Idriss, journalist, opposition19 leader and Member of Parliament;20 "Ali Meidal Wais, journalist;21 "Daher Ahmed Farah, journalist, opposition leader."22 What this says is that these individuals were23 arrested following the 1999 election.24 If you go over the page {N1/28/2} and you look at25 the first main paragraph, and if I just read it to you

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1 very slowly so it can be translated:2 "The arrests of Moussa Idriss, Ali Wais and3 Daher Farah appears to be an attempt by the Government4 to suppress the last two remaining opposition newspapers5 in the country. Le Temps is published by the opposition6 party ... ODU, Unified Djiboutian Opposition.7 Moussa Ahmed Idriss is a Member of Parliament and8 president of the ODU party. Ali Wais is a co-director9 of Le Temps while Daher Farah is president of the

10 opposition party Parti du Renouveau Democratique ... and11 editor of Le Renouveau, The Renewal, the journal of the12 PRD. Amnesty International considers all three13 journalists to be prisoners of conscience."14 So is it not true that after the 1999 election, the15 leaders of the two opposition parties were arrested?16 A. The people who you talk about were so-called17 journalists, neither of them had the status of18 a journalist, that's point number one. A newspaper19 suspended by the court, Le Renouveau and it belonged to20 Mr Daher Ahmed Farah. This newspaper was --21 MR JUSTICE FLAUX: Hang on, you are going to need to go more22 slowly, please. Neither of them had the status of23 a journalist, because their newspapers had been24 suspended by the court; is that what you said?25 A. I'm not talking about the people. There is a newspaper,

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1 Le Renouveau, that following a complaint had paper had2 been stopped, the chief publisher wasn't in the country3 at the time, he was away, the chief editor was away, he4 wasn't in the country, awaiting for a new chief editor5 to be appointed, the court had stopped this newspaper6 called Le Renouveau from appearing, it was prevented7 from being published.8 MR JUSTICE FLAUX: Right.9 MR WALLER: Okay. If I could ask you to look at {N31/3.1/1}

10 if you could just look at the last paragraph on that11 page, this is an Africa Intelligence document in12 November 2005. It talks about Issa Saad Moussa, and it13 says:14 "Until recently, his brother Mohamed was the15 director of La Poste. However, he has come up a long16 way. He owes his initial success in part to17 Ismael Guedi Hared, former chief of staff of former18 President Hassan Gouled, a rival to IOG, who had him19 imprisoned."20 So was Ismael Guedi Hared a rival to21 President Guelleh back in 2003?22 A. The person who you are talking about was not a rival to23 Mr Guelleh in 2003, he was President of the Chamber of24 Commerce, whose brother is married with a niece of25 President Guelleh, he could not be someone who was

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1 a victim of harassment, I don't know what the paper is2 talking about. His brother, who was director of3 La Poste, was married, and in fact is still married and4 has children with the actual niece of Mr Guelleh.5 Q. Could we go and look at {E/23.22/1}? Is it right that6 President Guelleh was the only presidential candidate in7 the 2005 campaign? I am just referring to the first8 line of this, he was the sole candidate for the9 elections of 2005; is that right?

10 A. Yes, it is.11 Q. Can you remember why originally the sole challenger12 withdrew from that election campaign? Can you remember?13 A. In any case, 2005, there was no candidate other for the14 Supreme Magistrature.15 Q. Can I ask you to look at {N73/18.1/1}? Just to let you16 know what this is, this is a Freedom House report,17 Freedom in the World report, in 2012.18 If you go over the page, {N73.18.1/2} and you look19 at the third paragraph down, it says this:20 "In 2005, Guelleh won a second six-year term. The21 only challenger withdrew from the election, citing22 government control of the media and repression of the23 opposition."24 That was true, wasn't it?25 A. No, it wasn't true. I think the opposition wanted to

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1 quote me because by saying that they didn't believe in2 this election, and that the conditions were not there,3 there were arguments that they submitted, that they4 stated to the public, we don't have a candidate. If you5 remember the last time the elections -- that the6 opposition had participated in elections, they had7 obtained more than 45%, it was the legislative elections8 in 2003. That's to show you that all the electoral9 systems were respected. Unfortunately, as a result of

10 the absence of a leader of the opposition,11 Aber Damini(?), no member of the opposition has wanted12 to submit himself, whether local or legislative13 elections or even presidential elections, up until the14 time of 2012.15 Q. Okay. The 2008 parliamentary elections were boycotted16 by the main opposition parties, which complained about17 the house arrest of opposition leaders. Do you recall18 that?19 A. No. Well, house detention, what house are you talking20 about? I don't remember about opposition leaders being21 requisitioned.22 Q. Reading further on in the same paragraph we were looking23 at a moment ago, so that's {N73/18.1/2}:24 "Legislative elections in 2008 were also boycotted25 by the main opposition parties, which complained of

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1 government abuses including the house arrest of2 opposition leaders and manipulation of the electoral3 process."4 Do you have any recollection of that?5 A. Always has been declarations along those lines to6 confirm or to explain the reasons for the absence of the7 opposition in the electoral process. I say it to you8 again, that the last time was in 2003 when the9 opposition took part in elections, when a certain

10 Minister had been delisted from the legislative11 elections, and I was on the side of the majority12 parties, and the opposition was able to talk to say in13 Arabic that they recognised but since the decease of14 that guest, no leader of the opposition has wanted to15 present himself, neither at the local elections, which16 people from -- the civil society who could take part,17 but they refused to take part in legislative elections.18 Q. Okay, and then just go back a page in the same document19 {N73/18.1/1}, dealing with the 2011 presidential20 elections, do you see at the top:21 "Djibouti received a downward trend arrow due to22 harassment and intimidation of opposition parties that23 resulted in President ... Guelleh winning a third term24 in office, a crackdown on antigovernment protesters, and25 a ban on public demonstrations."

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1 Then the next paragraph:2 "Djibouti's President ... Guelleh, won a third term3 in office in April 2011 following an opposition boycott4 of the election. Popular disquiet at his decision to5 run led to street protests, which were met with mass6 arrests and a crackdown on civil liberties."7 Do you have a comment about that?8 A. I think I understand the meaning of your question.9 MR ROBERTSON: Sorry.

10 A. Everything you have described during this period, I have11 no recollection, I know the opposition right from the12 start wanted to -- boycotted the elections and there was13 no arrests, no demonstrations, the elections took place14 freely, and the President Ismail, through the absence of15 an opposition in 2011 --16 MR ROBERTSON: My Lord, I'm sorry, I rose just to say that17 the Interpreter asked if the question could be repeated18 because he had not translated all of it.19 MR JUSTICE FLAUX: Has the interpreter got the document in20 front of him?21 THE INTERPRETER: Yes, I have, my Lord.22 MR JUSTICE FLAUX: Why don't you just translate "Trend23 Arrow" and "Overview", those two paragraphs to the24 witness? Take your time to do it, and then we will ...25 all right? So those two paragraphs on page 1.

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1 THE INTERPRETER: Which paragraph?2 MR JUSTICE FLAUX: The one headed "Trend Arrow", the first3 one, and the one headed "Overview" that is in bold.4 THE INTERPRETER: Yes, I've got it.5 MR JUSTICE FLAUX: Just read to the witness those two6 paragraphs in translation.7 THE INTERPRETER: Yes, my Lord.8 (Pause for translation)9 MR JUSTICE FLAUX: Okay.

10 MR WALLER: Can you comment on that, please?11 A. I said that during this period, in 2011, through the12 absence of the opposition at these elections, there were13 no arrests, no troubles, because a decision was taken by14 the opposition, and that's why during this period that15 you are talking about, 2011, there were no problems16 whatsoever, none of the problems that you described that17 are mentioned in the document before me.18 Q. Okay, if I could ask you to turn to page 5 of this19 document, {N73/18.1/5} you will see the paragraph20 starting "The judicial system ..." If the interpreter21 could just translate about ten lines down, the sentence22 beginning with "Allegations of politically motivated23 prosecutions ...", down to "2011".24 (Pause for translation)25 MR JUSTICE FLAUX: I think he is reading it all.

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1 MR WALLER: He is reading too much.2 MR JUSTICE FLAUX: You are reading too much; just stop.3 MR WALLER: Thank you very much, it's just the paragraph4 relating to Mr Boreh's charge of terrorism being related5 to his decision, or perceived decision, to be making6 a presidential bid in 2011; do you have any comment on7 that?8 A. It's a decision, a legal decision, and I do not believe9 it's the place to comment on these decisions, and

10 personally I do not have any comment to make on that.11 Q. Okay, thank you.12 If we could move on to the last point, the 201313 parliamentary elections. Could I ask you to look at14 {N74/22.03/1}, this is a resolution from the European15 Parliament. This was issued in July 2013. If we go to16 page 3 of the document, {N74/22.03/3} we see it's17 a European Parliament resolution on the situation in18 Djibouti. If I could first ask you to have a look at19 letter D on that page.20 (Pause)21 And then letter E, there is just a reference to22 Guelleh coming to power in 1999:23 "... re-elected in 2005 with 100% of the votes ...24 Guelleh was re-elected in April 2011 with close to 80%25 of the votes in elections that were boycotted ..."

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1 Then over the page, {N74/22.03/4} at letter K.2 (Pause) And then letter M. (Pause) And then letter O.3 (Pause) And letter P and letter Q.4 (Pause)5 THE INTERPRETER: Can I ask you to repeat that?6 MR WALLER: Just letter P and Q.7 MR JUSTICE FLAUX: Have you read him O?8 MR WALLER: O, P and Q. (Pause) Then over the page, letter9 S. {N74/22.03/5} (Pause) Then the first line and

10 a half of letter T. (Pause) Then the first line and11 a half of letter Z. (Pause) Then finally, over the12 page, the resolutions themselves, and if you could just13 read 1 and 2. {N74/22.03/6}14 (Pause)15 MR BROOK SMITH: My Lord, I'm sorry, number 2 hasn't been16 read.17 MR JUSTICE FLAUX: Number 2, please.18 (Pause)19 MR WALLER: Thank you.20 So the question is this: President Guelleh,21 throughout his time as President of Djibouti, represses22 political opposition; correct?23 A. No, not at all. The opposition has its rights, there24 were arrests, certainly, but we have a legal system that25 works, and until the three leaders of the opposition who

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1 were sentenced in 2013, I ask you to note that Djibouti2 had no political prisoners, had had no political3 prisoners since the arrival of President Omar Guelleh to4 power.5 The election which you are talking about, observers6 came to Djibouti, including the European Union, of which7 the leaders, the ex-commissioner for -- Michel, for8 co-operation, made a clear declaration, statement in9 Brussels by saying that the elections had taken place in

10 a transparent and free way and everyone was able to11 freely vote. The same observation, the same assessment12 by the responsible of the delegate elections --13 MR JUSTICE FLAUX: Hang on.14 THE INTERPRETER: I just ask him to repeat his answer.15 MR JUSTICE FLAUX: There was a mention of Mali there,16 I think.17 A. Thank you, my Lord, it was to say that the observers who18 had been sent by the European Union, Louis Michel, who19 was the Commissioner for Development, who made20 a statement on the validity of the elections in 2013 in21 Djibouti, and I talked about an ex-Prime Minister who22 had been sent by the Africa Bureau, Madame Touré, who23 was Prime Minister of Mali before, who had been24 appointed as leader of the African Unity and all the25 organisations, they all made a declaration by saying

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1 that they were free and transparent and believable2 elections. That's what I wanted to say. In relation to3 the arrests that may have occurred in very -- they went4 before a court, they were tried, and they were5 sentenced.6 In the context -- they were freed and graced and7 were ...8 THE INTERPRETER: Sorry, I'm tired.9 MR WALLER: Okay, last question: is President Guelleh

10 standing in the next presidential elections, do you11 know?12 A. As I explained earlier, the context of the situation was13 the change of the constitution in 2011, the situation we14 have today allows President Guelleh, allows him to15 prevent himself once again, neither with regards to age16 or mandate is there a prohibition. Up until now, I have17 no knowledge that he has made a declaration or stated18 his intention, but with the text that determine the19 election, he can present himself for future elections.20 MR JUSTICE FLAUX: Well, as the interpreter says, he is very21 tired. The interpretation is very bad at the moment.22 That particular paragraph, the thrust of what he was23 saying has come out the other way round, frankly. What24 he was saying is the President, under this constitution,25 he can stand again if he wants to.

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1 MR WALLER: That's right.2 MR JUSTICE FLAUX: Yes.3 Is there any re-examination, Mr Brook Smith?4 MR BROOK SMITH: There is, but obviously I am keen to get it5 done now rather than after lunch.6 MR JUSTICE FLAUX: Yes, we must get it done now. This7 demonstrates why is it wholly unsatisfactory, and I hope8 whoever is in charge of interpreters has taken that well9 on board. If it happens again, I am not starting. All

10 right?11 MR BROOK SMITH: Absolutely.12 Re-examination by MR BROOK SMITH13 MR BROOK SMITH: Mr Dileita, you mentioned towards the start14 of your testimony, you said twice, in fact, that15 Mr Boreh was forbidden to go to Ethiopia during the time16 when you were Ambassador to that country. The second17 time you said it was on page 13 of the transcript today.18 MR JUSTICE FLAUX: Yes.19 MR BROOK SMITH: No need to look it up.20 Do you know why he was forbidden to go to Ethiopia?21 A. I had no knowledge of this case, but what we read in the22 press is that we had -- there were rumours in Ethiopia23 they were jealous of the opposition, it was said that24 Boreh was in a case linked with people who had been25 arrested, namely the ex-Prime Minister Barkat, who was

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1 mentioned, and that was the reason why the Ethiopians

2 questioned Mr Boreh on this case and that Mr Boreh

3 refused to present himself before the legal authorities

4 in Ethiopia, and that's why one of the reasons it was

5 difficult for him to present himself in Ethiopia at the

6 time.

7 MR BROOK SMITH: Thank you.

8 Can I just go back to a word which his Lordship

9 used, I think actually it was Mr Waller who used the

10 word "shrewd", and Mr Robertson who sits behind me

11 suggests that perhaps there is problems in the

12 translation of that word.

13 MR JUSTICE FLAUX: "Shrewd" and "astute" translated,

14 I think, as the same word. I couldn't really hear

15 because I can't hear the French very clearly, but

16 Mr Robertson will no doubt have picked it up.

17 MR BROOK SMITH: Mr Robertson, who is very astute --

18 MR JUSTICE FLAUX: He obviously speaks French as well.

19 MR BROOK SMITH: -- picked up the French word "malin", which

20 he suggests might suggest "cunning" or --

21 MR JUSTICE FLAUX: I was slightly surprised by the word

22 "malin" as a translation of "shrewd" or "astute",

23 actually.

24 MR BROOK SMITH: Mr Robertson suggests that perhaps the word

25 "perspicace" might be a better translation. Because he

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1 was so concerned about the question being wrongly2 expressed to Mr Dileita, perhaps I can ask Mr Dileita,3 through the translator, whether he had an assessment of4 the President --5 MR JUSTICE FLAUX: Could the interpreter please ask the6 witness: does he consider that the President was7 "perspicace"?8 A. (Not interpreted): Oui, donc ce terme peut confirme --9 (Interpreted): -- in fact that he was shrewd.

10 MR JUSTICE FLAUX: That's what I thought. I was a bit11 concerned that something had been lost in translation.12 A. (Answer not interpreted)13 MR JUSTICE FLAUX: That's what I thought too, because14 I heard the word "malin" and I didn't interrupt at that15 point. Thank you very much, that's helpful.16 MR BROOK SMITH: Just a couple of points for the last17 section of cross-examination.18 MR JUSTICE FLAUX: Yes, sure.19 MR BROOK SMITH: May we just turn up again {N74/22.03/1}?20 MR JUSTICE FLAUX: Is this the European Union resolution?21 MR BROOK SMITH: Yes. If we can go to E, I have forgotten22 what page it was on, it must be about 2 or 3.23 {N74/22.03/3}24 MR JUSTICE FLAUX: There it is, E.25 MR BROOK SMITH: Can we just focus on this again?

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1 Introductory sentences before the semi-colon, and then2 it says:3 "Whereas [President Guelleh] was reelected in4 April 2011 with close to 80% of the votes in elections5 that were boycotted by a large section of the6 opposition ..."7 Mr Waller's question, when he was going through8 this, missed out the words "by a large section of the9 opposition".

10 My question is this: do you remember whether there11 was an opposition candidate in 2011?12 A. Yes, there was a candidate, Wassama(?), who today is13 deceased, but he was a candidate, and he had obtained14 more than 20%, I think, of the votes at the elections.15 Q. Thank you. Turning to the 2013 legislative election,16 did the opposition contest that?17 A. Yes, they did. Not at the level of the court, but they18 made declarations almost everywhere --19 MR JUSTICE FLAUX: Hang on. I think what you are being20 asked is whether the opposition took part in the21 election.22 MR BROOK SMITH: Yes.23 MR JUSTICE FLAUX: Not whether they went and challenged it24 in court, but did they take part in the election?25 MR BROOK SMITH: Yes, exactly so.

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1 Did the opposition take part in the 2013 legislative2 election?3 A. Yes, in 2013 the opposition, under the UAD banner, they4 presented themselves, USN, they presented themselves at5 the legislative elections of 2013.6 MR JUSTICE FLAUX: Yes.7 MR BROOK SMITH: Are you able to say or tell us how many8 votes were taken by these opposition parties? Not in9 terms of numbers, but percentages.

10 A. One must understand that during this period we11 introduced a proportional dose to allow the opposition12 to fully enjoy their voting rights. Before the change13 in the legislative election, each party that won the14 elections, it meant even if the opposition had 45%, if15 they did not have 51% they could not participate at the16 assembly, and that's why the President changed the -- to17 introduce 20% -- this proportional system, which meant18 that in the elections in 2013 the opposition had 20%19 that allowed them to have access to the assembly, ten20 parliamentarians out of 65, and that was the result they21 were able to obtain.22 MR BROOK SMITH: Yes. Thank you very much, Mr Dileita.23 Unless your Lordship has any questions?24 MR JUSTICE FLAUX: Thank you, Mr Dileita, thank you for25 coming to London to give your evidence. Thank you, you

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1 have finished now.2 THE WITNESS: Thank you very much.3 (The witness withdrew)4 MR BROOK SMITH: My Lord, shall we break, and we can have5 another witness with new translators?6 MR JUSTICE FLAUX: 2 o'clock. Thank you.7 (1.00 pm)8 (The short adjournment)9 (2.00 pm)

10 MR BROOK SMITH: My Lord, we have a duo of translators, and11 I am told that they have been sworn already.12 MR JUSTICE FLAUX: Yes, they are the ladies from the other13 day. So far as this morning is concerned, it's quite14 apparent the French speakers behind you will know that15 quite a lot was not translated, both questions and16 answers, and what was translated wasn't always accurate,17 towards the end particularly. It seems to me the most18 sensible course is that somebody is going to have to,19 I'm afraid, go through the French tape with the English20 transcript and try and improve it and then try and get21 that agreed between you.22 MR BROOK SMITH: Yes.23 MR JUSTICE FLAUX: Now, whether that's a matter for Opus 224 or for counsel, I leave up to you, but that it has to be25 done is, I think, important. Some of the evidence that

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1 was being -- particularly the evidence about the meeting2 in Dubai where the discussion about Mr Boreh's political3 ambitions, that's important evidence, some of which was4 coming across in a skewed way, and we had the obvious5 example of: was he shrewd, as opposed to: was he6 devious?7 MR BROOK SMITH: With respect, we agree that that is the8 right approach.9 MR JUSTICE FLAUX: Okay.

10 MR BROOK SMITH: My Lord, the next witness is Mrs Ali.11 MRS ZEINAB KAMIL ALI (sworn)12 (Evidence via interpreter)13 MR JUSTICE FLAUX: Thank you.14 Examination-in-chief by MR BROOK SMITH15 MR BROOK SMITH: Now, Mrs Ali, could I ask that your first16 witness statement comes up on the screen? That's17 {E/4/1}. It's up on your screen. Do you see that? Is18 that the first page of your first witness statement?19 A. Yes. I confirm that, your Honour.20 Q. If you turn to page 26, {E/4/26}, is that your signature21 there?22 A. Yes, I confirm that, your Honour.23 Q. Now, can I just take you to a couple of paragraphs in24 this? This is because, as I understand it, you would25 like to give some clarifications before you say that

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1 this is a true statement.2 Can I ask you to turn to paragraph 29, which is at3 {E/4/7}? If you look at paragraph 29, you will see in4 the first line that it's dealing with the February 20045 concession agreement. If you look about ten lines down,6 you will see a sentence beginning on the right-hand7 side, "I recall mention being made of it at the time of8 the 2006 concession agreement negotiations, but I did9 not see a copy". Do you see that? If you look over the

10 page --11 A. Yes.12 Q. -- at the end of paragraph 29 {E/4/8}, you say this four13 lines from the bottom:14 "I do not remember exactly when I first saw the15 agreement, but I think it was in late 2008 or 2009 when16 I worked with Mr Aden Douale to try and understand the17 status of the jetty at the Horizon Oil Terminal."18 Now, with those two passages in mind, I understand19 that you would like to give a clarification of the20 statement to the court?21 A. Yes, your Honour, I would like to clarify my statement22 made on 16 July 2015 by correcting, in fact, the fact23 that I hadn't seen the concession agreement in 2004,24 during the negotiations in 2006. And in fact when25 I re-read the minutes of a meeting on 14 to

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1 15 February 2006, a meeting -- minutes that I myself2 drew up and that I confirm today, I confirm that I wrote3 them, I realised that I am referring to a number of4 Articles within the concession agreement of 2004.5 So even if I don't remember having really seen that6 document at that time, I believe that taking into7 consideration what I wrote in the minutes, I probably --8 I surely must have seen it, because I mentioned it.9 Q. Thank you. I think you have a further clarification you

10 wish to give in relation to paragraph 72 at {E/4/19}.11 Would you mind looking at that, paragraph 72? You see12 there in the first line you are dealing with the 200713 management services agreement, and four lines down you14 say this:15 "I provided limited input on a very early draft of16 the agreement. However, as explained to Mr Kruijning in17 an email of 15 March" you say you had "'no major comment18 to make' because I had 'left the financial aspects to19 Mr ... Boreh, because it goes beyond my prerogatives and20 this is as per his instructions'."21 So what you are saying there is that you provided22 limited input on a very early draft of the management23 services agreement. Do you have a clarification you24 wish to give?25 A. Yes, I would also like, your Honour, as far as that

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1 matter is concerned, I would like to rectify what2 I said, and in fact I was referring to an email that was3 sent to me, or that I sent to Mr Kruijning on4 15 March 2007 reiterating what I have said in my first5 deposition, but I also realised that I am referring to6 the draft of the management contract revised between the7 PAID and DPI, in other words the draft management8 contract which reviewed the management contract of 20009 between PAID and DPI, and there we are not referring to

10 the DCT management contract that was actually finalised11 in 2006, so that's what -- I wanted to correct that.12 Q. Thank you, Mrs Ali. For those interested in making13 a note, the relevant documents there are {N45/44/1},14 that's Ms Ali's email, but the attachment to which she15 is referring is at {N74/25/1}.16 Subject to those clarifications that you have just17 given, in relation to this first witness statement, are18 its contents true?19 THE INTERPRETER: Madame Ali didn't hear me, but I will20 repeat the question.21 A. Yes, your Honour, I confirm that.22 MR BROOK SMITH: Thank you.23 Can I invite you to look at your second witness24 statement, {E/28/1}? Is that a copy of your second25 witness statement, Mrs Ali?

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1 A. Your Honour, I confirm that.2 Q. If you turn two pages on to {E/28/3}, is that your3 signature?4 A. I also confirm that, your Honour.5 Q. Are the contents of that witness statement true?6 A. I confirm that, your Honour. All is true.7 Q. Thank you.8 Your third witness statement is at {E/38/1}. Again9 is that your third witness statement?

10 A. I confirm that, your Honour.11 Q. At {E/38/6}, is that your --12 A. I confirm that, your Honour. Yes, it is my signature.13 Q. And are the contents of that statement true also?14 A. I confirm that also, your Honour, the content is true.15 MR BROOK SMITH: Thank you. There will be some questions.16 Cross-examination by MR KENDRICK17 MR KENDRICK: Good afternoon, Ms Ali.18 A. Good afternoon to you too.19 Q. Your statements, your three statements, they are all20 written in English, aren't they?21 A. Yes, your Honour, I confirm that.22 Q. Besides being able to write in English, you can speak in23 English as well, can't you?24 A. Yes, I confirm that, your Honour.25 Q. You attended negotiations that took place in English?

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1 A. I confirm that, your Honour.2 Q. Are you able to give your evidence in English?3 A. No, your Honour, sadly.4 Q. Why not?5 A. Because in fact, your Honour, first of all what I would6 like to say is that my mother tongue is French,7 I studied in French, I always was interested in English,8 even if I never followed a university course in that9 English, in any subject matter, so therefore I can

10 really, to tell the truth and to witness as precisely as11 possible, I would certainly be far more comfortable to12 speak in French, and so therefore that's why I select13 French and not English, because even if my understanding14 of English is good, during the negotiations in 200615 I had my colleagues who also were helping me to16 translate emails that I sent, so therefore I wouldn't be17 able to say that I am really an Anglophone, as I am18 a real Francophone.19 Q. Can we agree at least on this: you don't need20 translation of your own statement written by you in21 English, or of your own documents in this case which22 were written by you in English?23 A. I would like, your Honour, to reiterate once again: I do24 have a good understanding of English, and my deposition25 wasn't drawn up by me, it was certainly drawn up

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1 according to my instructions, I would never have been2 able to write it in that way, but I have a very good3 understanding. And so therefore every time there is4 a document that I possibly transmitted with regard to5 this matter, this case, which comes from my office, and6 which is a translation into English, then of course7 I don't need for it to be translated; but when we are8 talking about a working document in English which was9 submitted to me at the time, then I believe that I do

10 need to take a little time to read it, it just depends11 on what document we are talking about.12 MR JUSTICE FLAUX: Subject to you having the time to read13 what is written by you in English, it seems to me so far14 as you sent out documents in English, and so far as you15 produced a witness statement in English, that you should16 not need to have those documents or witness statements17 translated into French. Of course if there is a problem18 and you need clarification, you can ask the interpreter,19 but we will certainly go more quickly if we do not have20 to have documents you wrote in English translated into21 French before you give an answer in relation to them.22 So can we proceed on that basis, please? That's in23 a sense also directed at the interpreters. So if the24 document is in English and it's from Mrs Ali, don't25 start translating it into French.

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1 A. Your Honour, I have no problem with regard to documents2 that I myself sent in English, but there are a great3 number of documents that I wrote in French that were4 actually translated for this particular case, and then5 I would not be comfortable --6 MR JUSTICE FLAUX: I understand, I understand.7 A. -- but otherwise, your Honour, all the documents that8 I myself sent in English, absolutely, no problem,9 I don't need for them to be re-translated.

10 MR JUSTICE FLAUX: Okay.11 MR KENDRICK: Right.12 Could you look at your witness statement at {E/4/2}?13 Now, you set out your career details at page 2, and can14 I just summarise the position as I understand it? You15 worked full-time from 1992 until 14 December 2004 at the16 National Water and Sanitation Office; correct?17 A. I confirm that, your Honour.18 Q. Can I call that for short the Water Board? It's just19 a shorter name. You have a law degree, but you worked20 in human resources at the Water Board, and from 1999 you21 worked in commercial and administrative affairs;22 correct?23 A. I confirm that, your Honour.24 Q. Then you were appointed as a board member of DPFZA in25 October 2003?

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1 A. I confirm that, your Honour.2 Q. But you continued to work at the Water Board and started3 full-time at DPFZA in January 2005; correct?4 A. Yes, I confirm that, and in fact from 14 December 20045 I began to work at DPFZA, and my work contract with6 the chairman was signed on 2 January 2005, so I confirm7 that.8 Q. Can I start with the DPFZA and ask you some questions9 about it? Did it have articles of association which

10 tell us what it's for?11 A. We had, your Honour -- we didn't have a status which12 actually controlled all the Free Zone, the mandate is13 explained in a decree, 2002, which was related to its14 creation, in particular relating to the Free Zone, and15 there was also a decree in 2003 which changed the16 nomination by adding "port" to say that the Authority of17 the Free Zone became a port, and then after that we had18 prerogatives such as the code of the Free Zone of 200419 which envisaged for the Authority. So there are those20 joint documents that today are a reference.21 Q. Thank you. What was the idea of having a Free Zone22 Authority -- I mean the DPFZA, I don't mean the23 Free Zone, I'm sorry, I mean the DPFZA. What was the24 idea behind having that organisation?25 A. My understanding, your Honour, in the absence of clear

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1 statutes, as I said, and with regard to what I read on2 decrees that actually mentioned mandates as far as the3 Free Zone and then the port and the Free Zone, and4 considering the national environment, the authority of5 the ports and free zone, in my mind, the aim of the6 DPFZA was supposed to be responsible for the ports and7 the free zones, thus constituting an interface for the8 Dubai partner, and I would also say that that mandate is9 the first initial strategic mandate.

10 And then, because of the 2004 legislation or law,11 there was what I call an operational mandate, and so the12 Port Authority and the Free Zone becomes like13 a single -- becomes a one-stop shop, so that's my14 explanation of DPFZA.15 Q. Was it part of the privatisation reforms which were16 happening in Djibouti at this time?17 A. I would say, according to my understanding of that18 environment and considering the fact that I participated19 in the institutional reform for the privatisation20 programme, I believe that, yes, even if that's not said21 officially, I believe that the motivation or the reason22 for the creation of this particular entity is because of23 this environment relating to privatisation.24 Q. Was the Government's intention to have an authority25 overseen by businesspeople and by civil servants as

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1 well, to create a more flexible structure?2 A. In fact, your Honour, I wouldn't be able to say whether3 that particular entity was going to be governed by4 people coming from the private sector mixed with civil5 servants, and I don't know whether I can actually6 express myself on this particular matter, because I have7 no idea of the intention of the Government as far as8 that's concerned. But what I can say is that that9 entity, with regard to the legislation of 1998, had to

10 be an autonomous entity and was not able to be managed11 by a minister, controlled by a minister, because after12 all that was an Article that was clearly established in13 the legislation of 1998, that the ministers and the14 deputies would no longer be members of boards of public15 companies.16 Q. Right. We will come back to that. We will look at the17 statutes and decrees that you have mentioned. Just to18 give us context in time, in the chronology, the physical19 building of the Free Zone by DDP was underway in20 February 2002. I won't take you to it, but there is21 a document, {N5/36T/1} that records that.22 What I will take you to -- and can it come up on23 screen -- is {N6/13/1}, and {N6/13T/1} as well for the24 non-French speakers. Do you have N6/13/1 in French in25 front of you?

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1 A. Your Honour, may I just have a clarification with2 regards the numbering? Because I can see -- oh, yes.3 Thank you.4 Q. You see right at the top of the screen?5 A. Yes, I thank you, your Honour, I can see it.6 Q. So you keep it in French. You see Article 1, it is7 created -- I apologise, page 2 {N6/13T/2} -- it is8 created with -- Article 1, legal status and financial9 autonomy.

10 Now, what does "financial autonomy" mean?11 A. Financial autonomy, your Honour, according to my12 understanding of the management of public companies,13 means that it's an entity which in fact will have its14 own financial resources and will have its own budget, in15 other words separate from the State budget.16 Q. So it is up to DFZA, as it's called at this time, to17 generate its own money, to earn its own income, it18 doesn't get a government grant?19 A. That's right, your Honour, I confirm that.20 Q. Then if we go to Article 2, it is said "Supervisory21 Authority", and it says:22 "The Jebel Ali Free Zone Authority shall handle23 management."24 Now, the Jebel Ali Free Zone Authority is what we25 call JAFZA, isn't it?

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1 A. Right.2 Q. So what does it mean when it says "Supervisory3 Authority, JAFZA shall handle management"?4 A. What it means, your Honour, is that JAFZA will ensure5 the management of the free zones that this supervisory6 authority is responsible for within the Free Zone.7 Q. In Article 3 we have the mission of the Free Zone8 Authority, to ensure application of the legislation and9 regulations applicable to investment, as you see. Then

10 you see what it says about, in particular, there.11 MR JUSTICE FLAUX: It's over the page, I think, in the12 French. {N6/13/3}13 MR KENDRICK: This is all about regulating the Free Zone and14 making regulations, isn't it?15 A. That's right, your Honour. There it's a question of16 missions, the responsibilities of the Authority of the17 Free Zone, in its mandate, as managing the Free Zone.18 Q. If we look at Article 4, {N6/13T/3}, it says19 notwithstanding any legislative provisions, the20 Authority is the one-stop shop, as we have been calling21 it, and so it has power over the Free Zone; correct?22 A. I confirm that, your Honour, there it's a question of23 the prerogative of a one-stop shop, it has a prerogative24 as being the one-stop shop.25 Q. Then Article 7, if we can go on to -- I think in the

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1 French, that will be page 4, {N6/13/4} the fourth page2 of it, you can see that the President of the Authority3 at this time, which is June 2002, is Mr Bahdon. Now,4 can you tell the judge who Mr Bahdon is, or was at this5 time?6 THE INTERPRETER: We don't have the French yet.7 MR JUSTICE FLAUX: Where does it say Mr Bahdon was the --8 A. Your Honour, Mr Bahdon was the director of the national9 agency for the promotion of investments.

10 MR KENDRICK: And he did not actually do anything for the11 Free Zone, because he was replaced, wasn't he, before12 the Free Zone was completed building, and before the13 one-stop shop opened; correct?14 A. In fact, Mr Bahdon I believe never worked as a member of15 the -- as a chair of the board, in that he never16 presided any board and he -- it's true he was never17 involved in any matters to do with the Free Zone. But18 he was a -- had been a member --19 Q. Yes.20 A. -- until a few years.21 Q. Yes, indeed, I see that.22 Can we now go to {N10/13/1}, please? Now, this is23 in May 2003. Did you draft this document? I don't24 think you did, did you?25 A. No, your Honour.

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1 Q. Article 1 is:2 "A board of directors shall be formed ..."3 Then Article 2, there is the board of directors. We4 see Mr Boreh's name first, as the chairman; Mr Bahdon,5 a member, as you told us a minute ago; yourself,6 Mr Douale, and another person.7 Now can you look at Article 3? The primary duty of8 the board of directors was -- and the first thing they9 say is to negotiate an administration agreement with

10 JAFZA.11 A. Yes, indeed. I can read that.12 Q. Then it deals with legislation, whether there should be13 any other new free zones.14 Can you look at Article 4? This was an important15 Article, wasn't it?16 A. Yes, indeed, it was an important Article.17 Q. It says that the directors answer to the President and18 they are completely autonomous of the ministries. That19 gave DPFZA a special status, didn't it? Correct?20 A. Yes, I can confirm that, DPFZA, because it was directly21 under the administration of the Presidency, had22 a specific status.23 Q. If we look at Article 7 again --24 MR BROOK SMITH: Sorry, just before we leave that, I'm25 sorry, Mr Kendrick, but I know there was an exchange

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1 with the witness where she was run through the list of2 people in Article 2 and appeared to confirm that herself3 was named.4 MR KENDRICK: I am sorry, that's her sister.5 MR JUSTICE FLAUX: That's her sister, Zahra.6 MR BROOK SMITH: Yes, I have just had a note passed up to7 that effect.8 MR JUSTICE FLAUX: Yes, I wondered about that when you said9 it. I thought: hang on a moment, isn't that the

10 witness's sister?11 MR KENDRICK: Thank you very much.12 MR JUSTICE FLAUX: Yes.13 MR KENDRICK: Article 7, the board of directors draws up its14 own operating budget and it has financial autonomy, so15 it is to be self-financing?16 A. Yes, that's exactly what it means, your Honour.17 Q. Article 8, it carries out duties assigned to it except18 for management, and that is for JAFZA to do?19 A. I can confirm that once again, your Honour, that's20 a very good analysis of the Article.21 Q. Why put a businessman as well as Government employees on22 this board and make that businessman chairman?23 A. I don't know, your Honour.24 Q. Had anything like this ever been done in Djibouti25 before?

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1 A. Your Honour, I couldn't say that there is in Djibouti2 another entity with the same importance or the same3 status as the Authority of the Free Zone, because the4 port area and the free zones, it is something that is5 very important in the economy of the country. But6 I would like to assert that there has already been and7 there is still boards in public companies which are8 managed by businessmen, and I would like to give the9 example of the social security organisation in Djibouti

10 which, for a certain period, had been managed by11 a businessman, somebody who had been having experience12 in the tourist area, and was there as a businessman.13 Q. Didn't the President want somebody who was in the14 business of operating, wanted someone who would15 understand the needs of other businessmen in the16 Free Zone, and was himself in the Free Zone business?17 A. Your Honour, I really have no idea of what were the18 motivations of the President when they decided to choose19 somebody from the private sector. What I can say is20 that it was the context of the environment in 1998 which21 meant that this entity was going to be autonomous, free22 from the control of ministries, and the quality of the23 man who was in charge, that's what mattered.24 Q. Now, there was going to be an arbitration in25 January 2015 between Soprim, Mr Boreh's company, and the

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1 Government, I think. You gave a statement in that,2 didn't you?3 A. Yes, I can confirm that.4 Q. Did you touch on this subject in that statement?5 A. I don't have my statement before my eyes. If I can6 re-read it, your Honour.7 Q. That's a fair question --8 MR JUSTICE FLAUX: It's a fair answer.9 MR KENDRICK: We might look into that tomorrow. A fair

10 answer, yes.11 Can I ask you to go to {N12/6T/1}? {N12/6/1} for12 you, I should say. Now, if you have N12/6 in the French13 in front of you, this you did draft, didn't you?14 A. Yes, I can confirm that, your Honour.15 Q. We have a simple Article, and was this really almost the16 first thing you did when you agreed to -- when your17 candidature was accepted and you replaced your sister as18 a member of the board?19 A. Yes, I confirm that.20 Q. This says there is a name change in Article 1, it now21 includes the name "Port". But Article 3 says:22 "The areas of the competence of the Authority remain23 unchanged."24 A. Yes, I confirm that, your Honour.25 Q. So on the face of it, it looked just like a name change

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1 and nothing else?2 A. Yes, your Honour, I confirm that.3 Q. Was that the only intention that it had, just to change4 the name?5 A. That's what was said at the time, your Honour, and6 that's what I kept in mind. I mean, the instruction7 I received from the chair of the Free Zone was, "Zeinab,8 the decree 2002 which presided to the creation of the9 Free Zone, we now add a port and a Free Zone", and

10 I asked very clearly whether it was just a question of11 changing the name, didn't also I have to describe the12 prerogatives, and I was told, "No, that's all that's13 needed" and I remember that very well, it was two or14 three days before my nomination, the appointment, and15 that's something I can confirm. That's all I know.16 Q. Could you look at {E/4/4}, paragraph 18?17 MR JUSTICE FLAUX: So your witness statement.18 MR KENDRICK: In your witness statement. You say at the19 bottom of the page that -- well, you can read what it20 says.21 MR JUSTICE FLAUX: Which bit do you want her to read?22 MR KENDRICK: "The purpose of the decree, as I understood23 it~..."24 MR JUSTICE FLAUX: The last two lines, so we don't have it25 all laboriously translated into French when it's in

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1 English.2 A. Yes, I can confirm that, I understand.3 MR KENDRICK: Which are you confirming, that it was just4 a name change and nothing else was intended, or that it5 was to explain that the Authority would be involved in6 the development of the port now as well?7 A. Your Honour, my understanding when I changed the decree,8 my understanding was there was a change of name and9 that's it, nothing else, and my understanding later on

10 and today, there was to cover that new nomination,11 that's what I described at the beginning of my statement12 today, because it includes a development of ports within13 the strategy of the Authority responsible for ports and14 free zones.15 Q. Now can I ask you to go to bundle I, all the fun of16 breaking into a new electronic bundle. {I/40/1} and,17 for me at least, 40T, I would like to see {I/40T/1}.18 You, Ms Zeinab, would see it in I/40 in French.19 Can you go to page 4? {I/40T/4} I am sorry, this is20 a law, isn't it, which sets out the regime for the free21 zones?22 A. Yes, I confirm that.23 Q. If you go to page 4, and you see Article 8, we are told24 it's in charge of the free zones; Article 10, it is the25 one-stop shop for call companies and operators of the

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1 Free Zone; Articles 15 and 16, if we turn over the page2 {I/40T/5}, it is the administration is ensured by the3 Port and Free Zones of Djibouti or on its behalf, JAFZA,4 its promoter. All agreements will be signed between the5 port and? An agreement will be signed between the port6 and Free Zone Authority and JAFZA.7 16 is again about JAFZA. Can I ask you then to look8 at Article 29, the next page, page 7? {I/40T/7] If9 a company opens in the Free Zone --

10 MR JUSTICE FLAUX: Next page again in the French.11 MR KENDRICK: Article 29, it may be page 8 for you.12 {I/40/8} If a company opens in the Free Zone, 30% of its13 personnel must be Djiboutian at the end of the first14 year, rising to 70% after five years.15 So it's clear the idea is to increase employment for16 Djiboutian people, isn't it?17 A. Yes, your Honour, I confirm that.18 Q. You bring a company in, it can train up Djiboutian19 people, and increase its percentage of Djiboutian20 employees; correct?21 A. That's exactly right, that law from 2004 provides for22 a national priority for local employment, and it becomes23 a priority for the Government, and therefore it24 justifies that there are no taxes in large part in25 exchange for that positive impact on labour in the

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1 country.2 Q. If we go next to {N19/38T/1}, {N19/38/1} for you, we are3 now into September 2004. Did you draft this document?4 A. No, your Honour, I didn't draft it.5 Q. Right. If you look at the second page {N19/38T/2}, it6 says in Article 1 what Mr Douale, the Government7 representative, does; and in Article 2 what the board of8 directors do. We see, oddly, that the interface with9 Dubai is said to be Mr Douale. You see the last point

10 under Article 1?11 A. Yes, I can see, your Honour.12 Q. Then we look at what the board of directors does, it now13 says it governs the free zones and ports, and then it14 establishes Free Zone policies. Can you help me with15 that first point, "governs the free zones and ports"?16 Where does that fit in? What does that mean?17 A. Your Honour, Article 2 describes the missions of the18 board of directors, and refers to the mandate, the19 responsibility for that Free Zone and Port Authority.20 In the area of the port and the free zones.21 Q. Does that apply to what I would call the old port, the22 existing port?23 A. Yes, that's what it means, your Honour, I mean, the way24 I read it.25 Q. Can I ask you -- again let's just get a check in time --

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1 to look at {N17/113.1/1}? There is a picture from the2 paper, La Nation, and it tells us that on 7 June the3 Free Zone is inaugurated, and there is President Guelleh4 cutting the tape with a dignitary, I think, from Dubai5 next to him.6 MR JUSTICE FLAUX: That's Sultan bin Sulayem, isn't it?7 MR KENDRICK: Yes.8 Can you recognise, is that Sultan bin Sulayem? Not9 a very good picture.

10 A. I can recognise all the people on the photograph except11 the person who is behind Mr Sultan and also the person12 who is beside Mr Boreh, but I can see the President of13 the Republic, Mr Sultan and Mr Boreh.14 Q. That's in the foreground we have Sultan and the15 President, just behind the President we have Mr Boreh,16 and then you are not sure who these other people are.17 If I ask you to look at {N18/1/1}, this is a cable18 from WikiLeaks, it's sent on 9 June by the19 US Ambassador, and is referring to the inauguration.20 Could I ask you to look at paragraph 3?21 MR JUSTICE FLAUX: Is that on two pages?22 MR KENDRICK: It's on two pages, 1 and 2. {N18/1/2} Do you23 see that the incentives and benefits offered by the24 Free Zone will mirror those at Jebel Ali? That was25 intended to be the idea, wasn't it?

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1 A. Yes, your Honour, indeed the idea was that we would have2 a sort of reflection of the, mirror of the Jebel Ali in3 the Free Zone in Djibouti.4 Q. If you look at paragraph 8 of this document, that is on5 page 3, {N18/1/3} there is a comment where6 President Guelleh speaks of his strong relations between7 Djibouti and Dubai over the years, urges people to8 invest.9 At paragraph 9 there is a lunch, and the event

10 secured commitment to the Free Zone project from11 a number of Dubai and Djiboutian businesspeople, which12 was conditional on Dubai World's continued management13 and operation of the Free Zone, as well as the air and14 sea ports.15 So it looks like there is the Free Zone has opened16 for business and is now taking customers; correct?17 A. It's exactly right, your Honour.18 Q. At the last paragraph, paragraph 10, the Ambassador says19 she is optimistic about the economic possibilities for20 Djibouti, and she says much of the activity surrounding21 the Free Zone is being driven by Mr Boreh, "the hard22 charging, pragmatic and results-oriented businessman23 with close ties to President Guelleh", and he supports24 the view that the Dubai link will be the renaissance of25 Djibouti, creating much needed jobs, investment and

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1 economic diversification.2 Was that fair comment?3 A. Yes, that's what I think, your Honour, it's a comment4 which fits very well with what the reality was in 2004.5 Q. Now, in paragraph 30 --6 MR JUSTICE FLAUX: Of what?7 MR KENDRICK: Of your statement at {E/4/8}, you say that in8 around June 2004 Mr Boreh entered into an administration9 agreement with JAFZA, for short. You don't criticise

10 him for doing that, do you?11 A. No, I don't criticise him, your Honour.12 Q. Because the decree told him to, the April law told him13 to, and the Free Zone was open for business and was14 taking in customers and arranging leases?15 A. Yes, your Honour, I can confirm.16 Q. And you yourself were working full-time at the17 Water Board in June 2004?18 A. Yes, I can confirm that, your Honour.19 Q. If you look at the next paragraph, 31, towards the20 bottom of the page, it says that you suggested -- well,21 can you just read the three lines to yourself, and22 finish the paragraph?23 A. I already know the paragraph, your Honour.24 Q. Good. It must have been obvious to you, mustn't it,25 that there was no one to do the management work, that

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1 the decrees said JAFZA was to do it, and you must have2 realised that, mustn't you?3 A. No, your Honour.4 Q. But in late -- DPFZA didn't even have its own premises5 until late 2004, as you say in your statement at6 paragraph 21 {E/4/5} and it only began hiring employees7 in 2005, as you say in paragraph 21 too?8 A. I can confirm that, your Honour, but my understanding is9 not the same as the counsel's understanding. If counsel

10 allows me, I might explain my understanding and explain11 what I said in my statement.12 MR JUSTICE FLAUX: Yes.13 MR KENDRICK: Please do.14 A. As I said, your Honour, the Authority Free Zone had that15 mandate, developing the ports and the free zones, that16 had been defined by the decrees in 2002 and 2003. Then17 there was a second mandate, so it was a strategic18 mandate, that first one, and then in 2004 there is a new19 law defining the free zones and there is20 an administration mandate which emanates from this,21 an operational mandate. In other words, it was devoted22 to the implementation of the one-stop shop for the23 investors.24 So when I stress in my statement the fact that25 I didn't know that the management contract would become

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1 effective in 2004, the contract which gave JAFZA the2 right to manage the Port and Free Zones Authority. So3 they were in charge of the administration of that4 Free Zone and Ports Authority.5 So my understanding of the role of JAFZA in the6 Free Zone is that JAFZA was a manager of the Free Zone,7 so there is delimitation between the administration of8 the Free Zone that I put in place once I was made the9 head of that structure, and also the role of JAFZA,

10 a co-manager, and that role as co-manager still exists11 in the texts, JAFZA is still the manager of the free12 zones, and it's to that role that the note from the13 American Ambassador alludes to, and it's to that role14 that -- on that role that relied the Government, which15 said "We give JAFZA the expertise over our free zones16 but exactly following the model of Jebel Ali".17 Q. Now, in Jebel Ali doesn't JAFZA do both the management18 side, agreeing leases with customers, and doesn't it do19 the administration side as well, issuing licences and20 visas and things like that?21 A. Your Honour, in Jebel Ali things are not the same,22 because Jebel Ali in fact is an entity which owns it,23 and it's true that's the case that it's JAFZA that in24 fact manages the administration and also the free zones,25 but I am referring to the Djiboutian context because

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1 there you have the manager of the free zones and that is2 the idea underlying the creation of the Free Zone, on3 the one hand there is an operator that has to be4 private, because as I said the DPFZA was created under5 the auspices of the legislation of 1998, and so6 therefore that encouraged reform of public companies,7 privatisation.8 So the idea of the Government at the time was to9 really ensure a certain private efficiency with regard

10 to the management of these State companies, so the idea11 to give JAFZA the free zones as a manager and the idea12 of giving the ports to DP World, DPI beforehand, that13 precisely enters into this understanding that I have of14 the management and that actually can be found in the15 text.16 However, in the contract of May 2004 which gives the17 management of JAFZA to DPFZA, there is a question of18 dealing with the admission of visas, licences,19 exonerations, and to my mind those were not the20 responsibilities that a manager should have to deal21 with, because in fact for some of them, they were sort22 of regalian, and that's why Mr Boreh was prepared to23 listen to my advice and to really in fact change that24 contract in 2006.25 So I just wanted, your Honour, to try to ensure the

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1 differentiation between JAFZA as manager and JAFZA as2 administrator of the Free Zone.3 Q. Can we focus for a moment simply on JAFZA as4 administrator of the Free Zone, the entity that issues,5 that processes licences, visas, things like that? You6 say in paragraph 32, {E/4/9} in the third and fourth7 line, that you believed that DFZA was competent to8 manage the one-stop shop and Free Zone registry itself,9 and it troubled you that JAFZA would collect visa fees

10 on Djibouti's behalf.11 Now, when the Free Zone opened for business, there12 weren't people working for DPFZA, and it didn't have13 premises, so there was a vacuum then, it couldn't14 process licences and visas because there was no staff.15 And the plan was that DPFZA would be set up, it would16 learn how to operate a Free Zone from JAFZA, and then17 after a year or two it would take over from JAFZA on the18 administration, and that was how it worked, wasn't it?19 A. No, your Honour, that's not how it worked, because in20 fact the one-stop shop, I set it up. The one-stop shop21 for investors, the visas, the various procedures, I am22 the one that established them, end of 2004 and I set23 them -- they became operational in 2005. So how could24 JAFZA have established this one-stop shop if when25 I arrived there was nothing, there was absolutely

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1 nothing, so I established it all, I established serving2 so far as the one-stop shop is concerned.3 Q. What I suggest to you is that you had no experience of4 that at all, JAFZA did, and JAFZA brought over staff5 from Jebel Ali, and when you came, at first you were6 just stamping the things, and then you learned with your7 staff how to do it, and then eventually you took over8 administration in 2006, full stop?9 A. Your Honour, I believe in fact the barrister is confused

10 between JAFZA's commercial expertise and administration,11 because what I am very well acquainted with is12 administration, I have been working for 13 or 14 years,13 since I came there, and it's not JAFZA who helped us to14 establish the various procedures with regard to our15 one-stop shop. JAFZA had added value for the16 establishment of marketing, operators to give licences17 of a Free Zone, but not for the one-stop shop.18 Q. Okay. I am not sure it matters hugely, so we will try19 and move on.20 We both agree, don't we, that in 2006 you travelled21 to Dubai with Mr Boreh, you met with Mr Heath, and after22 negotiations the July 2004 agreement for allowing them23 to administer -- not manage, administer -- the Free Zone24 was cancelled, at no cost?25 A. Yes, I confirm that --

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1 Q. Okay.2 A. -- your Honour.3 MR KENDRICK: I think we can move on.4 MR JUSTICE FLAUX: If you are going to move on to5 a different topic, is that a convenient moment?6 MR KENDRICK: My Lord, yes.7 MR JUSTICE FLAUX: We will take a break now, Mrs Ali, for8 ten minutes.9 (3.07 pm)

10 (A short break)11 (3.17 pm)12 MR KENDRICK: Just on the last point that we were13 concluding, I think Mr Boreh would say that he brought14 over the JAFZA people who knew about management --15 sorry, administration, the documents about16 administration were sent over from Jebel Ali, and when17 you started the job, you just weren't able to do it at18 all, you needed to be educated. What's your comment?19 A. Your Honour, I believe that I don't have the same20 understanding of what the ex-chairman of the Free Zone21 Authority --22 MR JUSTICE FLAUX: When you were at the Water Board, as we23 are calling it, you were not issuing visas or licences,24 were you?25 A. No.

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1 MR JUSTICE FLAUX: So you had no experience of issuing visas2 or licences, whereas JAFZA did?3 A. Of course, your Honour, but I'm differentiating between4 the commercial register and the one-stop shop. The5 one-stop shop was simply establishing procedures,6 interfaces with public administrations, and who could7 better know the Djiboutian public administration than8 a Djiboutian civil servant? So that's where JAFZA had9 no impact. I definitively do admit that of course JAFZA

10 did bring its expertise with regard to the establishment11 of the commercial register, in other words, the granting12 of licences, but in 2004 there wasn't yet in fact13 an operator in the Free Zone, there was not even14 legislation that actually related to this commercial15 register, because it only was established in 2006, and16 to be precise on 15 April. So there was no commercial17 register in 2005 when I arrived, there was just18 a one-stop shop that had to be established according to19 the legislation of 2004, and that's what I did, but20 I didn't have any expertise from JAFZA, and that's the21 reason why Mr Boreh accepted that to break that contract22 which according to me shouldn't have existed, and that's23 what he did.24 MR KENDRICK: If you look at your statement at paragraph 34,25 {E/4/8} this is on the issue of distinguishing between

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1 management and administration, you say -- you tell us2 how the 2004 agreement for administration was cancelled,3 and then you say in 34:4 "Unbeknownst to me, when Mr Boreh and Mr Heath later5 signed a document terminating the DIM agreement [that's6 the administration agreement], Mr Boreh entered into7 a further management agreement with JAFZA entitling8 JAFZA to 7.5% of ... Free Zone's gross revenues from ...9 existing and future leases ..."

10 Pausing here, that was not about the Free Zone that11 you were administering, is it, it's about really if any12 other free zone is set up; correct?13 A. Yes. That relates, your Honour, to the -- not the14 management of the administration, but in fact the15 management of the free zones in the future.16 Q. And so you are for the administration, Article 15 of the17 law we saw earlier said that for all free zones there18 shall be a management agreement with JAFZA, here it is,19 what's Mr Boreh done wrong?20 A. But did I say, your Honour, that Mr Boreh made21 a mistake? If you refer to my statement, I accentuated22 the fact that I was not aware of that particular23 agreement when it was signed, and so as a member of the24 board I felt that I could have been, but I never25 considered whether it was a good decision or a bad

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1 decision made by Mr Boreh.2 Q. Okay.3 A. I simply just outlined --4 MR JUSTICE FLAUX: The thrust of what's being said, as5 I understand it, is he didn't tell you and he didn't6 call a board meeting; that's what you say in7 paragraph 34. But if you are not making any allegation8 he did anything wrong or made a mistake, then we can9 move on, can't we?

10 A. Your Honour, I don't know I am here to accuse, I am here11 just to simply witness certain facts that were at my --12 available to me when I was carrying out my13 responsibilities. I don't feel that I am in measure to14 accuse Mr Boreh today, I would just simply like to15 reiterate that the 7.5 agreement was signed on16 a particular time and hour when I was present, and17 I would have like to have been kept informed of it, and18 I would have liked that agreement to have been19 validated, but I have no reason to be able to judge20 whether it was a good or bad decision of my hierarchical21 boss.22 MR KENDRICK: In your statement, you don't mention DDP, do23 you, the Dry Port company? I would like to ask you24 about that company. It was a public/private company25 with land from the Government and money from the private

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1 sector, notably Mr Boreh. There were two phases to it,2 weren't there? It used one part of the land to open3 a container hub, and it leased that to PAID. Then4 later, it used the second part of the land to build the5 Free Zone, the offices and the warehouses for these new6 businesses to come to Djibouti. That's correct, isn't7 it?8 A. That's precisely the delimitations, as exist today, and9 as surely it always existed.

10 Q. So DDP owned the Free Zone land, and the buildings on11 it?12 A. Yes, your Honour.13 Q. And DPFZA, as we have been discussing, administered the14 licences and the visas, and the commercial side of the15 Free Zone was performed by DDP using JAFZA?16 A. Yes, your Honour, I confirm that.17 Q. Mr Boreh owned the largest slice of DDP, didn't he?18 A. Yes, today that's the information that I have, since19 April 2006, in other words at the time when the20 companies were converted according to the statutory --21 THE INTERPRETER: Just hang on a minute.22 A. So what I was saying, that, yes, in fact, that's23 information that I have today; in other words, that DDP24 SAZF belonged to Mr Boreh, but that's not information25 that I had, before April 2006.

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1 MR KENDRICK: Just stick on this 2006 date. On that date,2 the company changed its corporate status?3 A. That's right, your Honour.4 Q. And you saw the shareholders in the company on that5 date?6 A. That's right, your Honour, I confirm it.7 Q. Now, are you telling the court that before that date you8 didn't know that Mr Boreh had any shareholding in DDP?9 A. I couldn't tell you precisely whether I knew or I didn't

10 know it, but what's for sure is that I had no11 information in my possession which could allow me to say12 that I knew it.13 Q. And you would have seen in 2006 that Mr Douale, he was14 a director of DDP?15 A. Your Honour, allow me to explain to you that as DPFZA16 I wasn't supposed to be aware of DDP's board --17 MR JUSTICE FLAUX: Can I just go back? I am sorry, I am not18 understanding your answer a moment ago. It was19 translated, it's the answer at [draft transcript]20 page 102, line 3. {Day9/100:14} Perhaps we can just21 pause on that a moment. You said:22 "I couldn't tell you precisely whether I knew or23 I didn't know it [in other words,before April 2006 about24 his shareholding] ... what's for sure is that I had no25 information in my possession which could allow me to say

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1 that I knew it."2 What do you mean by that? Are you saying you can't3 now remember because you don't have a document to refer4 to, or are you saying that in some way, unless you have5 a document that you can refer to, you don't know6 something? Because there are two different things7 there, I think.8 A. Your Honour, I didn't know it. That's what I can9 answer. Because, as director of DPFZA, I was not in

10 contact with DDP. With regard to the port management,11 it wasn't part of my responsibilities, and the only12 information that I had was when I was interested in the13 legal status of the Free Zone; in other words what is14 that Free Zone, who is DDP, who is -- and it's then that15 I understood that DDP owned the lands and that DFZ was16 simply a commercial label that had no real statutory or17 legal existence, it was simply commercial nomenclature18 that was recognised by the Government, and so therefore19 the articles of association of DDP and SAZF were given20 to me underneath the form of FZCO, and that's when I saw21 the details of the entities that were involved in that22 company, even though I have no knowledge of who was who23 and of precise percentages.24 MR KENDRICK: Now, let's think about this. Presumably you25 dealt on a daily basis with JAFZA, the commercial

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1 managers of the Free Zone; correct?2 A. Yes, that's right, your Honour, I confirm that.3 Q. And you must have dealt with Mr Douale?4 A. Yes, I worked with Mr Douale, as a member of the board.5 Q. And Mr Douale was a shareholder since before you6 became -- since, I think, 2002, before you became --7 sorry, PAID was the shareholder, and he was the8 shareholder's representative. Now, you have to admit9 that you knew about the shareholding in 2006 because

10 it's the visa application and licence application that11 comes into your office. But are you telling the court12 you didn't know that Mr Boreh owned DDP before 2006?13 A. Yes, I confirm that, I didn't know it before 2006. Just14 as I didn't know who was in there.15 Q. What did you think in 2006 when you did know? Were you16 very surprised?17 A. When I got to know in 2006, I carried out what was18 called a conversion; in other words I took all the19 companies SAZF eligible for the Free Zone and I gave20 them a status of FZCO and we worked with JAFZA to see21 which companies or which companies were not eligible.22 I didn't get the feeling that I was trying -- I didn't23 feel I had to try to see who were the shareholders24 within the Free Zone companies that were converting.25 I wasn't particularly interested in that, so I can't say

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1 that I was surprised or not surprised. I simply2 concentrated on my administrative responsibility to see3 whether it was an activity that was eligible or not.4 Q. As a lawyer, did you think: it's an odd system which5 makes a part owner of the commercial Free Zone owning6 company the chairman of the government administration?7 Did you not think that, or did you?8 A. But, your Honour, it's important for you to understand9 that even if I was present as a director at DPFZA, even

10 in that operation as administering transfers, it was11 always Jebel Ali that was studying the licences and the12 stasis of the operators within the Free Zone, so when it13 happened, but it happens, if there isn't a specific14 problem or any kind of illegality, then it wasn't for me15 to be of particular interest to see who the shareholders16 were, why they had certain responsibilities or other17 responsibilities. I simply kept to my own18 responsibilities, it wasn't for me to be a controller of19 the State -- on behalf of the State, my role was simply20 to convert the eligible companies into the -- for the21 Free Zone, after all I was a civil servant, I was doing22 my work, sensu stricto.23 Q. So when you saw the shareholding in 2006, you saw that24 PAID had a shareholding?25 A. Yes.

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1 Q. So you would know --2 A. Yes, I think PAID had an action -- a share.3 Q. So you would know that the President knew that too?4 A. Your Honour, I wasn't reporting to the President of the5 Republic, I was reporting to Mr Boreh, who was the head6 of the Free Zone, I wasn't directly under the hierarchy7 of the President, I had no idea of what he knew or8 didn't know.9 Q. Did you think there was any conflict with the chairman

10 of the DPFZA, your boss, having a shareholding in DDP?11 A. You are asking me the question today or in those days?12 Q. In those days, I am asking you the question in those13 days, 2006.14 A. Once again, your Honour, I cannot pronounce on the15 legitimacy of a shareholder in this or that company, it16 wasn't under my remit.17 Q. Well, you are the lawyer on DPFZA, Mr Boreh is not18 a lawyer. Are you saying you had no responsibility if19 you thought it was wrong to tell him, at least, if not20 to tell the President?21 A. Your Honour, I would like to clarify things at this22 stage, because counsel doesn't seem to understand what23 was my duty as head of the Free Zone. The fact that24 I have university degrees in law, it doesn't mean that25 I am DPFZA's lawyer, at no stage did I fulfil that

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1 function. My role was to be the executive head under2 control from Mr Boreh, so far as the management is3 concerned, within the administration, and as a member of4 the board, but I was never the lawyer, and therefore5 I would like to -- in relation to your question, I would6 like to go back to my duties as a civil servant and7 contracted to Mr Boreh.8 So why would I report to the President of the9 Republic? Why would I tell you whether Mr Boreh was

10 right or wrong? I mean, it wasn't my responsibility and11 it wasn't my duty either. And it's a question which12 didn't interest me at all at the time, I didn't feel13 I had to advise Mr Boreh in that area.14 Q. Isn't this the position: you knew full well, when you15 took the job, that Mr Boreh, besides being the chairman,16 was also a part owner, substantial owner in the17 Free Zone and the reason why you didn't raise any18 complaint in 2006 or in any earlier year was because you19 didn't think there was anything wrong about that,20 because the Free Zone authority was a very unique21 entity? Is that correct?22 A. No, your Honour.23 Q. Right. Can I just read --24 A. I don't think so.25 Q. I have your arbitration statement, and you say:

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1 "When I joined the DPFZA, I took on the informal2 role of legal expert on the board and I was responsible3 for legal matters, which included drafting the4 legislation governing the Free Zone."5 Is that right?6 A. Yes, I confirm that, your Honour, that is right. But7 I wasn't DPFZA's lawyer, it is a question of8 intellectual ability, there is a difference.9 MR JUSTICE FLAUX: It must follow from that, mustn't it,

10 Mrs Ali, that you were acting albeit informally as11 a lawyer on behalf of the DPFZA, so that if you12 discovered something that was, for example, an obvious13 conflict of interest or something that was obviously14 wrong as a matter of law, you would draw it to the15 attention of your superiors?16 A. Indeed, your Honour, if I had noticed that there was17 a mistake or something abnormal somewhere, or18 non-respect of the law, I would have carried out my19 responsibilities and contacted the hierarchy. But it20 wasn't one of my roles to play the role of DPFZA's21 lawyer, and it wasn't my role to tell the people above22 me what they should or shouldn't do, and I was never23 interested in who were the shareholders within the24 companies in the Free Zone.25 MR KENDRICK: If you look at {E/4/19} at paragraph 75, you

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1 say that you didn't doubt the honesty of Mr Boreh or2 DP World at the time. If you ever had doubted the3 honesty of Mr Boreh, you would have gone straight to the4 President. Should we add after this "but not if there5 was a conflict of duty"?6 A. Your Honour, I would like to place this statement within7 the context, when I made it. I never doubted as to the8 honesty of Mr Boreh during our work together, as civil9 servant if I had any doubt I would have taken the

10 relevant measures so that I would have given him a sort11 of administrative warning, and I would also have12 contacted the hierarchy if there had been some attack as13 to the legality of the situation.14 But that declaration, that statement, I gave it in15 relation to the previous paragraph. That's why you have16 to replace that sentence. I am being shown a contract,17 as a -- a consultant contract, within the context of18 negotiations for the concession agreement, and I am19 saying that, "No, I never doubted as to the honesty and20 the good faith of the head of that Free Zone authority21 at the time", and it's in that context that you have to22 understand my statement, your Honour.23 Q. Could you look at {N60/8/1}? This is a document you24 have written in May 2007, and you see in the square what25 it's about. It says: "Confidential", then it says:

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1 "Introductory note ..." It's about the:2 "Organisational structure of the free trade zone ...3 and the public/private sector partnership arrangements4 in place."5 You say in the first main paragraph:6 "The Free Zone does not have its own legal7 status ... This Free Zone forms an integral part of the8 Dry Port."9 "The Dry Port" means DDP, doesn't it?

10 A. Yes, your Honour.11 Q. "DDP and the Djibouti Free Zone are not, however,12 engaged in the same business activity. The former is13 a storage area ... while the Free Zone is intended to be14 a diverse economic springboard ..."15 Then you say at the foot it is DDP FZCO conversion16 into FZCO with effect from 10 April 2006, it's a mixed17 shareholding made up as follows.18 Page 2, {N60/8T/2} there we see Boreh International,19 and if we look at the right, you have put that down20 as 44%.21 Then you see on the first column down, "Initial22 Capital", so you have gone right back, haven't you, to23 the first days, haven't you?24 A. We are in 2007, your Honour.25 Q. Okay --

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1 A. Aren't we?2 Q. We are in 2007 and we are looking at -- yes, we are.3 Okay. Let's move on. It says -- you say that the4 company, in the first bullet point, has all the risk of5 the project. That's the commercial risk you are talking6 about there, isn't it?7 A. Could you tell me, your Honour, on what paragraph you8 are on? I mean, that document of May 2007, where are9 we?

10 MR JUSTICE FLAUX: Immediately after the table --11 MR KENDRICK: First bullet point begins --12 MR JUSTICE FLAUX: -- there is a bullet point which begins13 "structure financière".14 MR KENDRICK: The last sentence.15 MR JUSTICE FLAUX: The last sentence of that, "D'où16 allocation"; do you have that?17 A. Yes, I've got it.18 MR JUSTICE FLAUX: You are being asked about that.19 MR KENDRICK: So that means it bears all the commercial20 risk, doesn't it, of the Free Zone?21 A. Yes, that's what it means, your Honour.22 Q. Then the third bullet point, you note the Jebel Ali23 management contract with DDP.24 Then you deal, at item 2, with the division of25 responsibilities between Jebel Ali and the Port and Free

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1 Zones Authority.2 Can we turn to page 3? {N60/8/3} This says, I am3 reading just above the bullet points, there is4 an overview of the undertakings, of DPFZA's5 undertakings. You refer to the cancellation of the6 June 04 contract which we have talked about.7 "The main purpose of this June contract was to8 govern the State run body, DPFZA, act as an interface9 between the Government and Free Zone customers,

10 establish the Free Zone regulations and set up the11 one-stop shop. Obviously, this contract included12 a Jebel Ali financial clause: a percentage interest in13 DPFZA's revenue (ie receipts from the one-stop14 shop ...)."15 So you are explaining here that June 04 contract16 that originally was the administration, there is no17 criticism of it, you say obviously it included some18 payment, a percentage payment to Jebel Ali. Have19 I understood that paragraph correctly?20 A. Yes, I believe so. The contract of 1 June 2004 granted21 a percentage to -- on the receipt of DPFZA.22 Q. The next bullet point says:23 "In November 2004, the DPFZA board of directors24 expressed the need to adopt a permanent structure so it25 could sustain its shareholding and interface with the

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1 Dubai partners. It was thus that the DPFZA management2 body was established. This body implemented the3 provisions of the Free Zone Code ..."4 What does that mean, a permanent structure? That's5 the permanent structure as distinct from the temporary6 one of 1 June 2004, isn't it?7 A. No, your Honour. What it means is that the board of8 DPFZA, the management -- the five people whose names you9 saw in the decree from 2002, with Mr Boreh being the

10 chair, in 2004 they feel that they need to have11 a permanent structure, an administration which is going12 to be a permanent body, and which will be the interface13 with Dubai. So it's that management, that board that14 I represented later on, it's the DPFZA management which15 is being created. That's what is said in the following16 sentence.17 Q. Those words, "so it could sustain its shareholding",18 I don't quite understand what that means. Can you help19 me at all on that?20 A. Could you tell me which shareholders you are talking21 about, your Honour?22 Q. I don't know either.23 MR JUSTICE FLAUX: If you go in the second bullet point --24 A. Which sentence are we talking about?25 MR JUSTICE FLAUX: Beginning "En novembre 2004", the second

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1 line there talks about the permanent structure and it2 says, "Afin de perenniser ses actions". That's what you3 were being asked about, because that's been translated4 in English as "so it could sustain its shareholding".5 A. I'll have a look at the English translation, because in6 this paragraph in French there is no question of7 shareholding.8 MR KENDRICK: I thought there might be a mistake. So what9 should it say?

10 A. "In November 2004 ..."11 MR JUSTICE FLAUX: Perhaps we should ask the interpreter how12 you would interpret the phrase "a fin de perinniser ses13 actions"?14 THE INTERPRETER: I believe there is a mistake in the15 translation because there is the word "action", which16 can mean a share, but in this case it means action,17 gestures, I mean, activities.18 MR JUSTICE FLAUX: But it can mean "actions".19 THE INTERPRETER: It could mean "shares", but it has nothing20 to do with shares.21 MR JUSTICE FLAUX: It could mean shares, but it could mean22 "actions"?23 THE INTERPRETER: Here it means action, activities.24 MR KENDRICK: So it could carry out its activities.25 THE INTERPRETER: Exactly.

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1 MR JUSTICE FLAUX: Yes.2 MR KENDRICK: Thank you, that makes much more sense.3 Now, if we drop down to the bottom of the page, it4 is talking about carrying out its activities and5 interface with the Dubai partners.6 If we drop down to the bottom of the page, it7 explains, I think you explain what that interface with8 the Authority is:9 " ... Jebel Ali took on the marketing of Djibouti

10 and promotion ... provided advice and assistance in11 relation to any area of expertise linked to the12 Free Zone (where [expertise] was required) and was13 required to receive and consider any application for14 a licence to operate within the Free Zone area prior to15 final approval ..."16 So when it came to administration, it would give you17 expert advice, receive and consider any application for18 a licence, and hand it to you for final approval; is19 that right?20 A. That's exactly right, your Honour. The role of21 Jebel Ali was a consultant, adviser role.22 Q. Who is this document written for? It says23 "Confidential" at the top, and it explains the24 relationships. Who is it for?25 A. Your Honour, I do not remember who I drafted that

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1 document for, whether it was for the head of the2 Authority, members of the board, I do not remember at3 all who for I drafted the document.4 Q. Without being flippant, this is quite a detailed5 document, it doesn't have the feel of a document that6 you would want to show a businessman like Mr Boreh,7 I think you would write it in a slightly different way.8 A. Your Honour, it's very important for me to clarify9 things. Mr Boreh wasn't just a businessman, he was also

10 the head of the Free Zone Authority, so I could very11 well have drafted that document to his attentions or for12 other members of the board. But since 2005 until 2007,13 we were trying to understand all this area and the legal14 connections between who and who, who and what. That's15 what was the motor of my action at the time. So that16 confidential letter was probably for my own sake,17 I mean, to understand better these connections.18 Q. But you certainly --19 A. But I couldn't tell you, and I don't remember who it was20 addressed to.21 Q. You certainly understood DDP was a public/private sector22 enterprise, didn't you, when you wrote this document?23 A. Absolutely, your Honour, I can confirm that.24 Q. Now, can you go to {N67/41.1/1}? Now, this is25 17 August.

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1 MR JUSTICE FLAUX: Do you have the French?2 MR KENDRICK: It must be in French. Is it the document3 before? Yes, my Lord, it's the document before,4 {N67/41/1}.5 MR JUSTICE FLAUX: Right. Yes.6 MR KENDRICK: Now, this document is dated 17 August 2008,7 and it is a memo to the Secretary General for8 Presidential Affairs, and it is headed "The legal9 configuration of the DPFZA bye-laws". Why were you

10 writing this document to him?11 A. Your Honour, I have sent that mail to the Secretary12 General for Presidential Affairs, it says "Presidential13 Affairs" but I think in fact it's for the Government,14 who was my interface, for the implementation of the15 articles of association for that institution, the16 Authority of the Port and Free Zone. So there is a sort17 of recall of the institution, the various rules that are18 relevant, and the idea is to offer a further draft of19 the articles of association which are going to be20 recognised by law, and the idea is to have the21 validation of these articles of association, something22 that is going to regulate the administration.23 Q. The first paragraph is headed "Genesis of the24 Institution". Refer to the decrees, and we looked at25 those.

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1 About six or seven lines down in the English, it2 says:3 "In fact, since 1998, the PAID ... has been governed4 by the 1998 laws."5 Those are the laws which promoted privatisation,6 aren't they, and prohibited a minister or a government,7 member of parliament, from being on the board of PAID;8 correct?9 A. Yes, I can confirm that, your Honour.

10 Q. Then it says:11 "In 2000 [you say] Djibouti experimented for the12 first time delegating the management ... to a private13 [Dubai] operator now known as DP World."14 You tell us what the aim was.15 "The aim was that by resorting to a private manager16 with full management autonomy, the port's performance17 could be improved as well as its financial health [for]18 this driver of the economy."19 So for PAID, there were two steps: one, get rid of20 the politicians, the members of parliament and21 ministers; and, two, go to a private manager from Dubai22 and give that private manager full management autonomy.23 The aim of those two steps was to improve the financial24 health of PAID, a very important company in the economy;25 correct?

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1 A. No, it's not quite right, your Honour.2 Q. Could you explain why I have gone wrong?3 A. Counsel has a very restrictive reading of what I said.4 It's not like that. I never said that PAID had to get5 rid of ministers and politicians and others. It remains6 a public company, but within the context of the7 legislation from 1998, PAID, under the Brettons Wood8 Institutions' influence.9 Since it's a productive sector it's really the

10 economic engine of the country, and therefore it has to11 improve its performance, and who was best placed than12 the President, administrative management, is a private13 manager, and that's why we called upon DP World.14 I never said anything else. The laws from 1998, it15 puts an end to the role of MPs and ministers, it doesn't16 mean that we get rid of them, but the minister is17 limited to a strategic role, that's what I think.18 Q. I am sorry, "get rid of" is too pejorative.19 MR JUSTICE FLAUX: Well, I don't know. There is a sentence20 here in your document, about halfway down the page, that21 begins:22 "Ces Lois ont officiellement pose le principe ..."23 Just read that sentence to yourself. Do you have24 that sentence? Do you see it?25 A. (Not interpreted): Oui.

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1 MR JUSTICE FLAUX: That's been translated as:2 "These laws officially established the principle of3 prohibiting the presence of ministers and members of4 parliament within administration and management bodies."5 As I understand it, that's all that counsel was6 putting to you.7 MR KENDRICK: Yes. I did not want to be rude about these8 people, but it meant prohibit, they are not allowed,9 they are banned; "For the financial health of the

10 company, one, they are banned and, two, we bring in11 private manager and give him full management autonomy".12 Do you agree that is --13 A. Once again, your Honour, I do not agree with that14 interpretation. My reading of the legislation from15 1998, and that's what is reflected in this letter, is to16 say that the legislation from 1998 were stating the fact17 that ministers and MPs were no longer allowed to be18 members of boards, that's one thing, and the aim of that19 legislation was to develop the productive sector and20 therefore the introduction of the privatisation21 principle. But it depends very much on the way you read22 it. My reading, my interpretation is different.23 I don't read it --24 MR JUSTICE FLAUX: I think you must be at cross-purposes,25 because I think what you have just said is, I think,

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1 what counsel is putting to you. But I don't know, there2 may be some sensibility that we are treading on here and3 missing, Mr Kendrick.4 MR KENDRICK: Can we just move on to the next one, DPFZA?5 A. Why should I be touchy about this?6 Q. Well, you are a bit reluctant to concede what seems to7 be on the page.8 A. Your Honour, I am here to tell you all I know about my9 truth. This mail is something I drafted myself, so

10 I want to tell you what I had in mind. I am not touchy11 at all and I have no reason for being touchy.12 Q. Are you worried about the connotation that the ministers13 and the Government people may have been making corrupt14 amounts, is that your concern, in the past?15 MR JUSTICE FLAUX: Corrupt demands?16 MR KENDRICK: On PAID.17 MR JUSTICE FLAUX: Not amounts; corrupt demands?18 MR KENDRICK: Yes, corrupt demands.19 A. Your Honour, I find it difficult to understand your20 question.21 Q. Let's just move on, perhaps. If we look a few lines22 down, we now move away from PAID to DPFZA. You describe23 DPFZA as a hybrid entity, and then you say why:24 "... because [it comprises] various prominent people25 from the business community and the Government ..."

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1 That's right, isn't it? It was a hybrid entity,2 because it had Mr Boreh, he is the prominent person you3 are talking about, and then it had civil servants such4 as yourself, Mr Douale, et cetera. Correct?5 A. Your Honour, I do say, in that letter that we are6 talking about, "hybrid entity" because of its make-up.7 There are various people coming from the world of8 business and the Government, but I do not make any9 judgement as to the importance, the pre-eminence of

10 people coming from the business world or from the11 Government. It's just an observation as to the entity.12 Whether these people are important or not, it's not13 something I mention here.14 Q. Okay. Then you say:15 "... the rationale for the [DPFZA] and its purpose16 under a government mandate" --17 MR JUSTICE FLAUX: Are you on the next page?18 MR KENDRICK: I am at the bottom of page 1.19 MR JUSTICE FLAUX: Okay. Yes.20 MR KENDRICK: " (... placed under the authority of the21 [President]) was to be a go-between for the experts of22 DP World and JAFZA ... to [help] their work and above23 all to convey instructions from the President of the24 Republic regarding the conduct of port strategies."25 So the rationale and purpose of this, DPFZA, was to

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1 put business people and the Government together, act as2 a go-between with Dubai, and above all convey3 instructions from the President of the Republic on the4 conduct of port strategies. Have I understood that5 correctly?6 A. Yes, you understood things correctly and, your Honour,7 that is also my understanding of what DPFZA was supposed8 to be.9 Q. You say in the next sentence that that was -- is also

10 the role of the DPFZA today, which is August 2008?11 A. That's my understanding of what the role of the DPFZA12 was and is.13 Q. Then you say, if you go to the next page {N67/41/2}14 {N67/41.1/2}, you talk about the separate nature of the15 management bodies. There are two entities, there is the16 board of directors -- and we know who is on that -- and17 then there is the executive management. You say, "In18 addition to its members, the board consists of19 a chairman, who is currently Mr Boreh".20 Now can you look at the next sentence? You tell us21 that:22 "The chairman ... in his current position has ...23 powers outside the board: the power to negotiate with24 Dubai's partners ..."25 A. Indeed.

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1 Q. "... the power to act as a spokesperson and a go-between2 for ... the port sectors and the Free Zone sectors."3 Now, that separate power outside the board, is that4 in the decrees or the laws?5 A. All I see in this letter, your Honour, is not merely6 things you find in decrees or legislation, I'm talking7 about draft of legislation for that Free Zones project,8 and I clarify what is my understanding of the bodies, of9 APZFD, so they are functions that have been defined in

10 the decree, who is chairing the board of directors, and11 also the executive management, but the rest is nowhere12 in the decree, in the various decrees we quoted at13 first.14 Q. So what we have with this entity, we have a businessman15 and civil servants, we have what it does as a board of16 directors, we have the chairman has separate powers17 outside the board, and it all relates back to the18 instructions from the President of the Republic on port19 strategies. Correct?20 A. That is my -- or that was my understanding of the role21 of the Port Authority.22 Q. So when Mr Boreh is acting in negotiating with the23 partners and as a go-between, it's a go-between between24 the Dubai people and the President?25 A. Your Honour, I confirm that's what I understood as to

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1 the role of the President of the Free Zone Authority.2 Q. You are saying this document is an explanation to the3 Secretary General so that a new law can be drawn up to4 explain how this hybrid body and its chairman operate;5 correct?6 A. Yes. Yes, your Honour, I can confirm that. There is7 that need of having official statutes or articles of8 association for that Authority or Free Zone, that's the9 motivation behind this letter, behind this text.

10 Q. We might be just able to do this; can we look at11 {N60/7/1}, {N60/7T/1}? I have 7T but perhaps you can12 have 7.13 This document is now looking at DP World, it's the14 relationship of the Port and Free Zone Authority --15 I apologise, with DP World and PAID in particular. In16 this document you recite the management of PAID, and17 I think you add -- if I can find it -- certain ...18 I am sorry, my Lord, actually thinking about it,19 I am going to just stop now.20 MR JUSTICE FLAUX: I think the best thing is to come back to21 this in the morning now.22 MR KENDRICK: Yes, indeed, I'd be trying to cram too much23 in.24 MR JUSTICE FLAUX: You are certainly not going to finish25 this witness tonight.

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1 MR KENDRICK: No.2 MR JUSTICE FLAUX: Mrs Ali, we are going to break now for3 the day, and we start again tomorrow at 9.30. All4 right?5 MR KENDRICK: Yes.6 MR JUSTICE FLAUX: Don't talk about your evidence to anybody7 overnight, please. Now you are giving evidence, you8 mustn't discuss any of your evidence with anybody. You9 probably don't want to, but you mustn't. And enjoy your

10 evening in London.11 THE WITNESS: Thank you very much, you too.12 MR JUSTICE FLAUX: So we will say 9.30 tomorrow morning.13 What I had in mind is that we would sit from 9.30 until14 11, then have a 15-minute break, and then sit from 11.1515 until 12.45, then have lunch, and then sit from 1.45 to16 2.45, which gives us in effect not far off -- I think17 about 15 minutes short of a full day. I would have18 thought by quarter to 3 on a Friday everybody will have19 had enough. Okay?20 Right, so I will say 9.30.21 (4.15 pm)22 (The court adjourned until 9.30 am23 on Friday, 30 October 2015)24

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1 INDEX2 PAGE3 MR DILEITA MOHAMED DILEITA (sworn) ...................14 Examination-in-chief by MR BROOK SMITH ........15 Cross-examination by MR WALLER ................26 Re-examination by MR BROOK SMITH .............597 MRS ZEINAB KAMIL ALI (sworn) ........................658 Examination-in-chief by MR BROOK SMITH .......659 Cross-examination by MR KENDRICK .............69

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126October 29, 2015 Republic of Djibouti et al v Mr Abdourahman Boreh et al (Claim No. 2012 Folio 1333) Day 9


AÀ (1) 9:21Ababa (4) 12:6 13:12

20:3 22:23Abdi (1) 45:23Abdillahi (1) 45:24Abdourahman (24)

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Aber (1) 51:11ability (1) 106:8able (15) 8:2 21:8

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abnormal (1) 106:17absence (5) 51:10

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activity (3) 88:20103:3 108:12

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administrations (1)96:6

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Ali's (1) 68:14allegation (1) 98:7Allegations (1) 54:22allies (1) 45:23allocation (1) 109:16allow (8) 38:19 40:5

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allowing (1) 94:22

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alludes (1) 91:13Amar (7) 6:1,2,3,25

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ambition (4) 37:5,640:15 43:9

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approved (1) 46:1April (13) 3:15 22:5,16

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articles (8) 67:4 73:985:1 101:19 115:15115:19,21 123:7

Asian (1) 27:13aside (1) 16:1asked (26) 8:2,25

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asking (4) 6:8 19:24104:11,12

aspects (1) 67:18assembly (3) 39:1

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assume (1) 33:21astute (5) 31:25 32:2

60:13,17,22attachment (1) 68:14attack (1) 107:12attempt (1) 48:3attended (3) 13:13

14:1 69:25attending (1) 13:22attention (1) 106:15attentions (1) 114:11audio (1) 16:22

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auspices (1) 92:5authorities (10) 11:16

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authority (41) 15:425:9 28:20,2473:16,19,22 74:474:12,24 76:21,2276:24 77:3,6,8,1677:20 78:2 81:382:22 84:5,13 85:686:19 90:14 91:2,495:21 105:20107:20 110:1 113:8114:2,10 115:16120:20 122:21123:1,8,14

autonomous (3)75:10 79:18 81:21

autonomy (8) 28:2276:9,10,11 80:14116:16,22 118:11

available (2) 29:1898:12

avoid (4) 28:7 29:1130:24 31:6

avoiding (1) 29:23awaiting (1) 49:4aware (10) 10:23 17:2

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Bback (16) 4:9 8:13

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bad (3) 58:21 97:2598:20

Bahdon (6) 78:3,4,7,878:14 79:4

ban (1) 52:25Banabila (2) 4:21 5:12banned (2) 118:9,10banner (1) 63:3Barkat (1) 59:25barrister (1) 94:9basis (2) 71:22 101:25bears (1) 109:19began (4) 10:8 35:6

73:5 90:6beginning (6) 10:5

45:6 54:22 66:684:11 111:25

begins (3) 109:11,12117:21

behalf (4) 85:3 93:10103:19 106:11

believable (1) 58:1believe (13) 45:6,8

51:1 55:8 67:6 71:974:20,21 78:1494:9 95:19 110:20112:14

believed (4) 26:1145:14,15 93:7

belonged (2) 48:1999:24

benefits (1) 87:23benefitted (2) 27:13

27:16

best (5) 17:9 28:2534:19 117:11123:20

better (3) 60:25 96:7114:17

beyond (2) 46:3 67:19bid (2) 41:10 55:6bigger (1) 10:7bin (2) 87:6,8bit (7) 3:9 14:14 24:18

40:4 61:10 83:21119:6

board (39) 28:18,2059:9 72:18,20,2473:2 78:15,16 79:279:3,8 80:13,2282:18 86:7,12,1889:17 95:22 97:2498:6 100:16 102:4105:4 106:2 110:23111:7,13 114:2,12116:7 121:16,18,23122:3,10,15,17

boards (3) 75:14 81:7118:18

bodies (3) 118:4121:15 122:8

body (5) 110:8 111:2111:2,12 123:4

bold (1) 54:3Boreh (121) 3:18,19

3:25 4:9,18 5:178:4,7,13,15,17,198:22 9:11,14,1810:7,25 11:5,6,1912:9,19 13:14 14:214:5,22 17:16,1918:3,5 21:13,16,1922:12 23:5,12,2024:20,23,25 25:825:11 32:21 33:4,633:11,22 34:1135:12 36:11,1537:8 38:17 39:4,1739:20,22,24 40:840:16,20 41:4,7,2141:25 42:9,10,1642:22,24 43:11,1243:18 44:14 45:945:19 46:5,9 59:1559:24 60:2,2 67:1987:12,13,15 88:2189:8 92:22 94:2195:13 96:21 97:4,697:19,20 98:1,1499:1,17,24 100:8102:12 104:5,17105:2,7,9,13,15107:1,3,8 108:18111:9 114:6,9120:2 121:19122:22

Boreh's (16) 4:18,215:14,25 10:2117:12 21:25 26:532:23 36:8 37:1145:18 55:4 65:279:4 81:25

boss (2) 98:21 104:10bottom (6) 66:13

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Boubaker (1) 21:16boycott (1) 53:3boycotted (5) 51:15

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break (12) 14:15 15:815:19 46:24,24

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breakdown (1) 15:16breaking (1) 84:16breaks (1) 15:12Brettons (1) 117:7bride's (2) 6:25 7:8briefly (2) 11:9 35:11bring (3) 85:18 96:10

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1:20 2:5 6:6 16:1817:1,4,7 22:3 56:1559:3,4,11,12,13,1960:7,17,19,2461:16,19,21,2562:22,25 63:7,2264:4,10,22 65:7,1065:14,15 68:2269:15 79:24 80:6125:4,6,8

brother (3) 49:14,2450:2

brought (2) 94:495:13

Brussels (1) 57:9budget (3) 76:14,15

80:14build (1) 99:4building (2) 75:19

78:12buildings (1) 99:10bullet (7) 109:4,11,12

109:22 110:3,22111:23

bundle (2) 84:15,16Bureau (1) 57:22business (18) 12:4,8

12:14,20 13:4,614:10 37:6 81:1481:16 88:16 89:1393:11 108:12119:25 120:8,10121:1

businesses (1) 99:6businessman (11)

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businessmen (2) 81:881:15

businesspeople (2)74:25 88:11

bye-laws (1) 115:9

CC'est (1) 5:11ça (1) 5:11cable (2) 13:16 87:17call (6) 72:18 74:11

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called (4) 49:6 76:16102:18 117:13

calling (2) 77:20 95:23campaign (2) 50:7,12campaigns (1) 45:4cancellation (1) 110:5cancelled (2) 94:24

97:2candidate (7) 50:6,8

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candidature (1) 82:17capable (1) 34:7capacity (3) 11:16

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capital (2) 22:11108:22

car (4) 9:6,6 19:1521:5

career (2) 2:17 72:13carefully (1) 8:20carried (3) 19:10

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cases (1) 7:11categorical (2) 35:4

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certainly (7) 56:2470:11,25 71:19114:18,21 123:24

Ces (1) 117:22cetera (1) 120:4chair (3) 78:15 83:7

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challenged (1) 62:23challenger (2) 50:11

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changed (5) 27:663:16 73:15 84:7100:2

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claimants (1) 34:8claimants' (1) 1:13clan (1) 38:1clarification (5) 66:19

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clause (1) 110:12clear (11) 7:5 26:19

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clearly (6) 12:23 19:1520:4 60:15 75:1283:10

clever (1) 31:21close (11) 7:22 8:18

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closely (1) 25:22co-director (1) 48:8co-manager (2) 91:10

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comes (3) 65:16 71:5102:11

comfortable (2) 70:1172:5

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Commerce (1) 49:24commercial (13)

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Commissioner (1)57:19

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113:21

contact (2) 11:11101:10

contacted (2) 106:19107:12

contacts (1) 8:24container (1) 99:3content (1) 69:14contents (5) 2:2,3

68:18 69:5,13contest (1) 62:16context (14) 10:24

31:23 32:7,12 44:558:6,12 75:1881:20 91:25 107:7107:17,21 117:6

continued (2) 73:288:12

contract (18) 68:6,8,868:10 73:5 90:2591:1 92:16,2496:21 107:16,17109:23 110:6,7,11110:15,20

contracted (1) 105:7control (4) 31:2 50:22

81:22 105:2controlled (2) 73:12

75:11controller (1) 103:18convenient (1) 95:5conversation (5)

37:10,11 40:1 42:944:25

conversion (2) 102:18108:15

convert (1) 103:20converted (1) 99:20converting (1) 102:24convey (2) 120:23

121:2convince (1) 46:16copy (7) 1:21,21,25

3:25 4:13 66:968:24

corporate (1) 100:2correct (48) 2:4 3:2,5

3:7,11 4:24,25 7:238:5 11:8 12:5 13:2318:17,21 29:12,1530:16 31:4,11,1332:14,18 35:238:20 41:11,1942:12,22,25 56:2268:11 72:16,2273:3 77:21 78:1379:19 85:20 88:1697:12 99:6 102:1105:21 116:8,25120:4 122:19 123:5

correcting (1) 66:22correctly (3) 110:19

121:5,6corrupt (4) 119:13,15

119:17,18cost (1) 94:24counsel (7) 39:16

64:24 90:9 104:22117:3 118:5 119:1

counsel's (1) 90:9counterproductive (1)

24:3countries (3) 26:21

27:13,14country (29) 2:22 4:7

7:25 13:11 19:121:4,11 22:21,2226:12,14,17 30:330:12 34:2,9 37:337:19 38:12 41:15

43:25 44:5 48:549:2,4 59:16 81:586:1 117:10

couple (3) 12:1 61:1665:23

course (10) 13:618:15,24 43:1464:18 70:8 71:6,1796:3,9

court (14) 6:14 16:2522:18 24:24 48:1948:24 49:5 58:462:17,24 66:20100:7 102:11124:22

cousin (2) 4:18,21cousins (1) 5:14cover (1) 84:10crackdown (2) 52:24

53:6cram (1) 123:22create (1) 75:1created (6) 46:14

47:16 76:7,8 92:4111:15

creating (1) 88:25creation (5) 28:17

73:14 74:22 83:892:2

credits (1) 27:17critical (4) 17:3,5 35:9

35:11criticise (2) 89:9,11criticised (1) 35:14criticism (1) 110:17cross-examination (6)

2:8 15:23 61:1769:16 125:5,9

cross-purposes (1)118:24

crucial (1) 41:24cunning (1) 60:20current (1) 121:22currently (1) 121:19customers (4) 88:16

89:14 91:18 110:9cutting (1) 87:4

DD (1) 55:19D'où (1) 109:15Daher (4) 47:21 48:3,9

48:20daily (2) 37:16 101:25Damini (1) 51:11danger (1) 47:12date (8) 33:13,14 35:4

42:1 100:1,1,5,7dated (3) 22:5 24:9

115:6daughter (1) 7:1day (8) 10:24 15:15

15:15,25 25:2164:13 124:3,17

Day9/100:14 (1)100:20

days (7) 12:2,11 83:14104:11,12,13108:23

DCT (1) 68:10DDP (22) 17:13 18:9

22:10 75:19 98:2299:10,15,17,23100:8,14 101:10,14101:15,19 102:12104:10 108:9,11,15109:23 114:21

DDP's (2) 24:19

100:16de (3) 24:12 112:2,12deal (7) 3:17 25:14

28:4,9 32:7 92:20109:24

dealing (4) 52:19 66:467:12 92:18

dealings (1) 11:4deals (1) 79:12dealt (5) 25:23 29:22

39:25 101:25 102:3debts (1) 32:22decease (1) 52:13deceased (2) 5:8

62:13décédé (1) 5:4December (2) 72:15

73:4decided (1) 81:18decision (10) 41:21

53:4 54:13 55:5,5,855:8 97:25 98:1,20

decisions (1) 55:9declaration (4) 57:8

57:25 58:17 107:14declarations (3) 18:3

52:5 62:18decree (11) 28:12,16

73:13,15 83:8,2284:7 89:12 111:9122:10,12

decrees (8) 74:2 75:1790:1,16 115:24122:4,6,12

defended (1) 15:4defined (2) 90:16

122:9defining (1) 90:19definitely (1) 39:3definitively (1) 96:9degree (1) 72:19degrees (1) 104:24delay (1) 1:5delayed (1) 1:3delegate (1) 57:12delegating (1) 116:12delicate (1) 13:8delimitation (1) 91:7delimitations (1) 99:8delisted (1) 52:10demands (3) 119:15

119:17,18Democratique (1)

48:10demonstrates (1) 59:7demonstrations (2)

52:25 53:13department (4) 2:20

3:1 11:8 33:4departments (2) 28:8

29:12departure (1) 34:4depends (2) 71:10

118:21deposition (2) 68:5

70:24deputies (1) 75:14deputy (2) 2:25 11:7describe (3) 27:21

83:11 119:22described (4) 30:21

53:10 54:16 84:11describes (2) 14:1

86:17description (1) 30:8descriptions (1) 31:22desperately (1) 16:13detail (2) 13:5 40:4detailed (1) 114:4

details (4) 25:1939:24 72:13 101:21

detention (1) 51:19determine (1) 58:18develop (2) 41:20

118:19developing (1) 90:15development (4) 10:8

57:19 84:6,12devious (1) 65:6devoted (1) 90:21DFZ (1) 101:15DFZA (2) 76:16 93:7died (3) 4:4 5:4,7difference (1) 106:8different (5) 18:1 95:5

101:6 114:7 118:22differentiating (1)

96:3differentiation (1)

93:1difficult (4) 2:23 11:19

60:5 119:19difficulties (1) 33:8dignitary (1) 87:4Dileita (32) 1:14,16,16

1:20 2:9,18 6:99:20 10:15 13:1713:22 14:5,21,2217:11 18:6 20:2029:3 31:11 38:1739:11,14 40:1946:4 47:4 59:1361:2,2 63:22,24125:3,3

DIM (1) 97:5direct (1) 28:19directed (1) 71:23directly (2) 79:20

104:6director (7) 25:20

49:15 50:2 78:8100:14 101:9 103:9

directors (14) 28:1828:20 79:2,3,8,1780:13 86:8,12,18110:23 121:16122:10,16

discontent (1) 35:15discouraged (1) 40:13discovered (2) 36:22

106:12discuss (2) 12:13

124:8discussed (2) 39:20,22discussing (1) 99:13discussion (1) 65:2discussions (5) 9:25

36:4,11 43:2,7dispute (4) 32:21 33:4

33:14,21disquiet (1) 53:4disruptive (1) 16:22dissatisfaction (1)

16:19distinct (1) 111:5distinguishing (1)

96:25diverse (1) 108:14diversification (1)

89:1division (1) 109:24Djibouti (57) 2:18

3:13,21 4:3,10 9:2112:17 13:21 17:1917:22 18:2,1719:14,16 20:10,1422:12,14 24:1425:5 26:13,19,24

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27:2,4,5,15 28:2429:21 30:19 34:135:9,16 37:1838:25 42:20 47:1047:17 52:21 55:1856:21 57:1,6,2174:16 80:24 81:1,985:3 88:3,7,20,2599:6 108:11 113:9116:11

Djibouti's (3) 27:1253:2 93:10

Djiboutian (17) 3:6,1114:2 17:14 18:1018:13 24:20 26:1048:6 85:13,16,1885:19 88:11 91:2596:7,8

document (42) 13:2020:2 23:10,23 24:524:11 47:16 49:1152:18 53:19 54:1754:19 55:16 67:671:4,8,11,24 75:2178:23 86:3 88:497:5 101:3,5107:23 109:8113:22 114:1,3,5,5114:11,22 115:2,3115:6,10 117:20123:2,13,16

documents (12) 18:133:10 68:13 70:2171:14,16,20 72:1,372:7 73:20 95:15

Doha (1) 9:1doing (3) 34:19 89:10

103:21donations (2) 27:12

27:16donc (1) 61:8dose (1) 63:11Douale (10) 21:13

66:16 79:6 86:6,9100:13 102:3,4,5120:4

doubt (3) 60:16 107:1107:9

doubted (3) 107:2,7107:19

downward (1) 52:21DP (7) 92:12 107:2

116:13 117:13120:22 123:13,15

DPFZA (39) 28:1872:24 73:3,5,8,2273:23 74:6,1479:19,20 90:4 92:492:17 93:12,1599:13 100:15 101:9103:9 104:10,17106:1,11 110:8,21110:23 111:1,8,14115:9 119:4,22,23120:15,25 121:7,10121:11

DPFZA's (5) 104:25106:7,20 110:4,13

DPI (3) 68:7,9 92:12draft (11) 67:15,22

68:6,7 78:23 82:1386:3,4 100:19115:18 122:7

drafted (4) 113:25114:3,11 119:9

drafting (1) 106:3draw (1) 106:14drawn (3) 70:25,25

123:3

draws (1) 80:13drew (1) 67:2driven (1) 88:21driver (1) 116:18drop (2) 113:3,6Dry (32) 17:13,18 18:5

18:12,21 19:5,7,1119:13,17,20,2320:1,7,15,17,2421:1,8,14,19,23,2522:6,18,19 24:1525:1,12 98:23108:8,9

du (1) 48:10Dubai (52) 8:4,9,13,15

8:18,21,22 9:9,119:13,15,18,2214:11 17:24 19:6,719:9,10,11,12,1619:22 20:5,16,1825:18 26:22 32:2533:22 34:10 36:936:14,16 43:3 46:865:2 74:8 86:9 87:488:7,11,12,2494:21 111:1,13113:5 116:13,21121:2 122:24

Dubai's (2) 19:23121:24

due (1) 52:21duo (1) 64:10duties (5) 28:22 30:18

30:21 80:17 105:6duty (4) 79:7 104:23

105:11 107:5

EE (3) 55:21 61:21,24E/22/136 (1) 45:18E/23.13/1 (1) 13:15E/23.13/2 (1) 13:19E/23.22/1 (1) 50:5E/23.3/1 (1) 22:2E/23.8/1 (1) 24:8E/28/1 (1) 68:24E/28/3 (1) 69:2E/3/11 (1) 1:21E/3/12 (2) 2:10,15E/3/13 (2) 8:11 32:10E/3/17 (1) 1:24E/3/4 (3) 2:12 3:19

11:6E/3/5 (3) 8:11 32:10

42:18E/3/6 (1) 26:9E/38/1 (1) 69:8E/38/6 (1) 69:11E/4/1 (1) 65:17E/4/19 (2) 67:10

106:25E/4/2 (1) 72:12E/4/26 (1) 65:20E/4/4 (1) 83:16E/4/5 (1) 90:6E/4/7 (1) 66:3E/4/8 (3) 66:12 89:7

96:25E/4/9 (1) 93:6E/7/3 (1) 10:3earlier (8) 15:9 20:11

34:12 37:7 41:2058:12 97:17 105:18

early (2) 67:15,22earn (1) 76:17economic (4) 88:19

89:1 108:14 117:10economy (3) 81:5

116:18,24editor (3) 48:11 49:3

49:4educated (1) 95:18effect (4) 25:15 80:7

108:16 124:16effective (1) 91:1efficiency (1) 92:9either (4) 27:16 39:1

105:11 111:22elected (1) 32:13election (15) 40:14

42:25 47:23 48:1450:12,21 51:2 53:457:5 58:19 62:1562:21,24 63:2,13

elections (29) 50:951:5,6,7,13,13,1551:24 52:9,11,1552:17,20 53:12,1354:12 55:13,2557:9,12,20 58:2,1058:19 62:4,14 63:563:14,18

electoral (3) 51:8 52:252:7

electronic (1) 84:16element (3) 17:20

23:1,11eligible (4) 102:19,21

103:3,20email (3) 67:17 68:2

68:14emails (1) 70:16emanates (1) 90:20employees (3) 80:21

85:20 90:6employment (2)

85:15,22En (1) 111:25encourage (1) 21:5encouraged (2) 12:20

92:6engaged (1) 108:12engine (1) 117:10English (33) 2:12,15

5:5 8:12 10:3 28:1132:11 64:19 69:2069:22,23,25 70:2,770:9,13,14,21,2270:24 71:6,8,13,1471:15,20,24 72:2,884:1 112:4,5 116:1

enjoy (2) 63:12 124:9enlist (2) 44:14,19ENOC (1) 25:18ensure (5) 16:10 77:4

77:8 92:9,25ensured (1) 85:2entered (3) 26:13

89:8 97:6entering (1) 26:16enterprise (1) 114:22enters (1) 92:13enthusiastic (1) 28:2entities (2) 101:21

121:15entitling (1) 97:7entity (15) 74:22 75:3

75:9,10 76:13 81:281:21 91:22 93:4105:21 119:23120:1,6,11 122:14

entourage (1) 37:15entrusted (1) 17:20environment (6) 5:24

37:15 74:4,18,2381:20

envisaged (1) 73:19

equally (1) 42:8equipment (2) 20:7

20:13Eritrea (2) 20:14 27:1establish (2) 94:14

110:10established (12) 3:20

3:23 4:7 75:1293:22,24 94:1,196:15,18 111:2118:2

establishes (1) 86:14establishing (1) 96:5establishment (2)

94:16 96:10et (1) 120:4Ethiopia (18) 3:6

11:14,21 12:3,4,1512:17,20,21,24,2526:23 29:21 59:1559:20,22 60:4,5

Ethiopian (2) 11:1626:25

Ethiopians (1) 60:1European (9) 22:13

23:14 24:14 27:1455:14,17 57:6,1861:20

evening (1) 124:10event (2) 36:19 88:9eventually (1) 94:7everybody (1) 124:18evidence (17) 1:17

7:20 8:3 23:1824:24 25:14 26:534:12 63:25 64:2565:1,3,12 70:2124:6,7,8

ex-chairman (1) 95:20ex-commissioner (1)

57:7ex-Prime (2) 57:21

59:25exactement (1) 6:13exactly (8) 62:25

66:14 80:16 85:2188:17 91:16 112:25113:20

Examination-in-chie...1:19 65:14 125:4,8

example (4) 13:1465:5 81:9 106:12

examples (1) 8:8exchange (2) 79:25

85:25exclusion (1) 31:3executive (3) 105:1

121:17 122:11exemptions (1) 22:8exercise (1) 47:11exist (1) 99:8existed (4) 5:20,20

96:22 99:9existence (1) 101:17existing (2) 86:22 97:9exists (2) 7:15 91:10exonerations (1)

92:19expected (1) 18:20experience (3) 81:11

94:3 96:1experimented (1)

116:11expert (2) 106:2

113:17expertise (6) 91:15

94:10 96:10,20113:11,12

experts (1) 120:21

explain (12) 22:726:15 35:11 40:352:6 84:5 90:10,10100:15 113:7 117:2123:4

explained (3) 58:1267:16 73:13

explaining (1) 110:15explains (2) 113:7,23explanation (2) 74:14

123:2export (1) 20:13express (1) 75:6expressed (2) 61:2

110:24expressing (1) 32:3eyes (1) 82:5

Fface (1) 82:25fact (33) 4:17 25:20

29:20 33:23 39:850:3 59:14 61:966:22,22,24 68:270:5 73:4 74:1875:2 76:13 78:1490:24 91:22,2492:21,23 93:2094:9 96:12 97:1497:22 99:22 104:23115:13 116:3118:16

factor (1) 29:17facts (1) 98:11fail (1) 15:15fair (4) 82:7,8,9 89:2fairly (1) 4:4faith (1) 107:20familiarised (1) 18:21families (10) 3:20 4:3

4:7,8 5:22 6:17,196:21 7:11,15

family (12) 3:23 4:9,94:14,15 5:21,246:25 7:8,10,23,25

famous (1) 7:17far (17) 9:24 16:3 17:2

17:6 28:8 38:1645:12 64:13 67:2570:11 71:13,1474:2 75:7 94:2105:2 124:16

Farah (5) 45:23 47:2148:3,9,20

fateful (1) 42:1father (2) 4:2,4February (3) 66:4 67:1

75:20feel (5) 98:13 102:23

105:12 111:10114:5

feeling (3) 40:1042:14 102:22

fees (1) 93:9felt (1) 97:24file (1) 20:3fin (1) 112:12final (2) 113:15,18finalised (1) 68:10finally (1) 56:11Finance (4) 32:22 33:9

33:9 43:16financial (11) 32:7

67:18 76:8,10,1176:14 80:14 110:12116:17,23 118:9

financially (2) 31:2532:2

financière (1) 109:13financing (1) 26:20find (4) 36:7 119:19

122:6 123:17fine (1) 16:9finish (2) 89:22

123:24finished (1) 64:1first (50) 1:22 6:8 8:10

17:13 18:9,12 19:919:16,19 20:2,2,1220:16 21:2 26:1232:20 33:15 38:845:21 47:25 50:754:2 55:18 56:9,1065:15,18,18 66:466:14 67:12 68:468:17 70:5 74:979:4,8 82:16 85:1386:15 90:18 94:5108:5,21,23 109:4109:11 115:23116:12 122:13

fit (1) 86:16fits (1) 89:4five (5) 11:2 15:17

46:25 85:14 111:8FLAUX (133) 1:7,9,12

1:15,18 2:7,16 5:35:7,9 6:7 14:12,1814:20 15:7 16:1,5,916:24 17:2,5,923:15,17,25 24:724:16 28:13,16,2529:5 30:4,6,1031:15,18,24 33:1934:6,15,20 39:7,1240:6 43:10,1544:12 45:7 46:2046:23 48:21 49:853:19,22 54:2,5,954:25 55:2 56:7,1757:13,15 58:2059:2,6,18 60:13,1860:21 61:5,10,1361:18,20,24 62:1962:23 63:6,24 64:664:12,23 65:9,1371:12 72:6,1077:11 78:7 80:5,880:12 82:8 83:1783:21,24 85:1087:6,21 89:6 90:1295:4,7,22 96:1 98:4100:17 106:9109:10,12,15,18111:23,25 112:11112:18,21 113:1115:1,5 117:19118:1,24 119:15,17120:17,19 123:20123:24 124:2,6,12

flexible (1) 75:1flippant (1) 114:4fluctuations (1) 32:7focus (2) 61:25 93:3Focusing (1) 38:4follow (4) 21:10 24:4

25:22 106:9followed (2) 20:4 70:8following (5) 47:23

49:1 53:3 91:16111:15

follows (1) 108:17foot (1) 108:15forbidden (4) 11:20

12:24 59:15,20force (1) 32:16foreground (1) 87:14

foreign (1) 28:5forgotten (2) 4:17

61:21form (3) 27:17,20

101:20formed (1) 79:2former (3) 49:17,17

108:12forms (1) 108:7forward (1) 26:11found (3) 29:17 36:18

92:14four (3) 3:4 66:12

67:13fourth (2) 78:1 93:6Francophone (1)

70:18frankly (2) 34:6 58:23fraternal (1) 4:11free (129) 13:17,18

14:6,23 15:5 17:1226:1 28:24 57:1058:1 73:12,14,1773:18,21,23 74:3,374:5,7,12 75:1976:22,24 77:5,6,777:13,17,17,2178:11,12,17 79:1381:3,4,16,16,2183:7,9,9 84:14,2084:24 85:1,3,6,9,1286:13,14,15,19,2087:3,24 88:3,10,1388:15,21 89:1390:14,15,19 91:2,491:6,6,8,11,15,2492:1,2,11 93:2,4,893:11,16 94:17,2395:20 96:13 97:897:10,12,15,1799:5,10,15 101:13101:14 102:1,19,24103:5,12,21 104:6104:23 105:17,20106:4,24 107:20108:2,6,7,11,13109:20,25 110:9,10111:3 113:12,14114:10 115:16122:2,7 123:1,8,14

freed (1) 58:6Freedom (2) 50:16,17freely (2) 53:14 57:11French (39) 1:22 8:11

16:6,10,22,25 23:929:1,2,4 32:10 35:840:23 42:18 60:1560:18,19 64:14,1970:6,7,12,13 71:1771:21,25 72:375:24 76:6 77:1278:1,6 82:12 83:2584:18 85:10 112:6115:1,2

frequent (1) 15:11frequented (1) 37:16Friday (2) 124:18,23friend (4) 9:9 37:8,20

44:6friendly (1) 4:11friends (3) 37:10,14

37:19front (4) 9:6 53:20

75:25 82:13fulfil (1) 104:25full (6) 94:8 105:14

116:16,22 118:11124:17

full-time (3) 72:15

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73:3 89:16fully (2) 47:11 63:12fun (1) 84:15function (1) 105:1functions (1) 122:9funding (4) 26:14,18

27:8,21funds (2) 27:9 29:18further (4) 51:22 67:9

97:7 115:18future (4) 15:13 58:19

97:9,15FZCO (4) 101:20

102:20 108:15,16

Ggatherings (3) 10:9,10

10:11general (5) 28:4 35:8

115:7,12 123:3generate (1) 76:17generations (1) 4:10Genesis (1) 115:23gestures (1) 112:17getting (2) 5:5 9:6Gianni (1) 22:6give (16) 13:14 63:25

65:25 66:19 67:1067:24 70:2 71:2175:18 81:8 91:1592:11 94:16 113:16116:22 118:11

given (10) 3:25 4:127:7 18:20 20:2231:1 34:18 68:17101:19 107:10

gives (2) 92:16 124:16giving (2) 92:12 124:7go (47) 2:15 4:9 6:5,5

8:4,18,18,21 10:211:21 12:3,2413:19 15:24 22:924:2,11 27:2434:11 36:14,1747:24 48:21 50:550:18 52:18 55:1559:15,20 60:861:21 64:19 71:1976:20 77:25 78:2282:11 84:15,19,2386:2 100:17 105:6111:23 114:24116:21 121:13

go-between (5)120:21 121:2 122:1122:23,23

goes (1) 67:19going (31) 11:1,20

15:9,22 16:20 24:124:4 25:10 26:3,1128:18 29:21 38:1740:8 42:3,4,10 44:448:21 62:7 64:1875:3 81:21,24 95:4111:11 115:19,22123:19,24 124:2

good (13) 2:9 41:1569:17,18 70:14,2471:2 80:20 87:989:24 97:25 98:20107:20

goods (2) 20:5,14Gouled (1) 49:18govern (1) 110:8governed (2) 75:3

116:3governing (1) 106:4government (28) 25:5

30:16,19,21 31:348:3 50:22 52:175:7 76:18 80:2182:1 85:23 86:691:14 92:8 98:25101:18 103:6 110:9115:13 116:6119:13,25 120:8,11120:16 121:1

Government's (1)74:24

governmental (1)30:20

governs (2) 86:13,15graced (1) 58:6grand (1) 27:25grandfather (2) 4:1,5grant (1) 76:18granted (1) 110:20granting (1) 96:11grateful (1) 34:23great (2) 26:11 72:2gross (1) 97:8group (4) 10:9 24:14

24:19 31:8groups (1) 22:11Guedi (2) 49:17,20Guelleh (32) 24:21

28:1 32:13,1739:18,18 40:8,1741:5,14,17 42:1046:6 47:4 49:21,2349:25 50:4,6,2052:23 53:2 55:2255:24 56:20 57:358:9,14 62:3 87:388:6,23

Guelleh's (4) 38:1,1840:21 46:19

guest (2) 7:12 52:14

HHabitually (1) 7:24Hachi (1) 45:24Hadi (3) 10:1,3,19half (2) 56:10,11halfway (3) 22:9

24:11 117:20hand (3) 7:14 92:3

113:18handle (2) 76:22 77:3hang (7) 24:16 28:13

48:21 57:13 62:1980:9 99:21

happened (4) 7:1819:24 27:3 103:13

happening (1) 74:16happens (4) 7:11 8:1

59:9 103:13harassment (3) 47:6

50:1 52:22hard (1) 88:21Hared (2) 49:17,20Hassan (3) 10:14,22

49:18head (10) 2:25 30:18

30:20 91:9 104:5104:23 105:1107:20 114:1,10

headed (4) 54:2,3115:8,23

headquartership (1)24:12

health (3) 116:17,24118:9

hear (4) 26:2 60:14,1568:19

heard (2) 23:10 61:14

hearing (1) 16:14Heath (2) 94:21 97:4held (1) 22:11help (4) 3:22 86:14

111:18 120:22helped (1) 94:13helpful (2) 34:13

61:15helping (2) 23:18

70:15hierarchical (1) 98:20hierarchy (3) 104:6

106:19 107:12high (1) 18:16hiring (1) 90:6history (3) 17:14

18:10,13holdings (1) 22:14home (2) 10:25 12:12honesty (4) 107:1,3,8

107:19honour (111) 7:12 8:2

40:15 43:21 65:1965:22 66:21 67:2568:21 69:1,4,6,1069:12,14,21,2470:1,3,5,23 72:1,772:17,23 73:1,1173:25 75:2 76:1,576:11,19 77:4,1577:22 78:8,2580:16,19,23 81:181:17 82:6,14,2483:2,5 84:7 85:1786:4,11,17,23 88:188:17 89:3,11,1589:18,23 90:3,8,1491:21 92:25 93:1994:9 95:2,19 96:397:13,20 98:1099:12,16 100:3,6100:15 101:8 102:2103:8 104:4,14,21105:22 106:6,16107:6,22 108:10,24109:7,21 111:7,21113:20,25 114:8,23115:11 116:9 117:1118:13 119:8,19120:5 121:6 122:5122:25 123:6

hope (1) 59:7Horizon (4) 25:15,16

26:6 66:17hotel (3) 9:2,3 46:11hour (1) 98:16house (10) 10:7,12,16

10:21 12:11 50:1651:17,19,19 52:1

hub (1) 99:3hugely (1) 94:18human (1) 72:20Hussain (1) 25:20hybrid (4) 119:23

120:1,6 123:4

II/40 (1) 84:18I/40/1 (1) 84:16I/40/8 (1) 85:12I/40T/1 (1) 84:17I/40T/4 (1) 84:19I/40T/5 (1) 85:2I/40T/7 (1) 85:8idea (16) 45:21 46:15

73:21,24 75:781:17 85:15 87:2588:1 92:2,8,10,11

104:7 115:18,20Idriss (3) 47:18 48:2,7illegality (1) 103:14image (1) 32:8Immediately (1)

109:10impact (2) 85:25 96:9implementation (2)

90:22 115:14implemented (1)

111:2importance (3) 18:20

81:2 120:9important (23) 7:22

11:12 16:12 17:218:16 20:9 23:124:19 29:15 34:538:10 39:10 43:2243:25 64:25 65:379:14,16 81:5103:8 114:8 116:24120:12

imprecise (1) 33:14impression (3) 42:13

45:24 47:8imprisoned (1) 49:19improve (3) 64:20

116:23 117:11improved (1) 116:17inaugurated (2) 14:24

87:3inaugurating (1) 14:7inauguration (6)

13:17,18,23 14:325:21 87:19

incentives (1) 87:23included (4) 44:18

106:3 110:11,17includes (2) 82:21

84:12including (2) 52:1

57:6income (1) 76:17increase (2) 85:15,19independence (1)

27:12independently (1)

5:22INDEX (1) 125:1Indian (1) 22:7individuals (1) 47:22influence (1) 117:8informal (5) 9:5 35:13

37:21 46:18 106:1informally (1) 106:10information (11)

19:17 22:25 23:3,443:22 99:18,23,24100:11,25 101:12

informed (1) 98:17initial (3) 49:16 74:9

108:21initiated (2) 18:23

37:11initiative (3) 46:9,11

46:13input (2) 67:15,22insofar (2) 26:19 40:1institution (3) 115:15

115:17,24institutional (1) 74:19Institutions' (1) 117:8instruction (1) 83:6instructions (5) 7:6

71:1 120:23 121:3122:18

instructions' (1) 67:20intact (1) 33:7integral (1) 108:7

intellectual (1) 106:8Intelligence (3) 22:5

24:9 49:11intelligent (1) 31:10intended (3) 84:4

87:25 108:13intention (4) 58:18

74:24 75:7 83:3intentions (1) 35:20interest (15) 17:12

19:12 21:16,19,2525:1,11 29:15 30:130:7 41:18 103:15105:12 106:13110:12

interested (8) 30:1130:12 38:14 68:1270:7 101:12 102:25106:23

interests (6) 12:4,8,1312:14 14:10 24:20

interface (8) 74:7 86:8110:8,25 111:12113:5,7 115:14

interfaces (1) 96:6interference (4) 28:7

29:12,23 31:7internal (1) 28:5International (3)

47:16 48:12 108:18internet (1) 23:2interpret (2) 31:5

112:12interpretation (11)

16:2 20:21,22 23:923:13 31:14 32:136:19 58:21 118:14118:22

interpreted (14) 1:234:20 5:11,13 6:2,139:21 12:18 16:1418:11 61:8,9,12117:25

interpreter (33) 1:8,91:10,11,17 2:1314:14 15:8,1025:25 45:20 53:1753:19,21 54:1,4,754:20 56:5 57:1458:8,20 61:5 65:1268:19 71:18 78:699:21 112:11,14,19112:23,25

interpreters (4) 15:1315:14 59:8 71:23

interrupt (1) 61:14interrupting (1) 23:8intervene (4) 11:15

13:7,8 20:6intervention (1) 17:25interventions (1)

11:23intimidation (1) 52:22introduce (1) 63:17introduced (1) 63:11introduction (1)

118:20Introductory (2) 62:1

108:1invest (2) 21:6 88:8invested (1) 21:7investment (11) 17:14

18:9,13 19:9,16,1919:23 21:9 25:777:9 88:25

investments (2) 17:1678:9

investor (7) 14:2,6,914:23 15:1,6 18:4

investors (7) 13:2119:8 22:11 24:1425:19 90:23 93:21

invitation (1) 6:16invite (2) 6:21 68:23invited (4) 10:22,25

46:12,18inviting (1) 10:9involved (11) 5:25 6:3

6:11,15 10:8 13:1,120:17 78:17 84:5101:21

involvement (1) 6:6IOG (1) 49:18Ismael (2) 49:17,20Ismail (1) 53:14Issa (2) 38:2 49:12issue (1) 96:25issued (1) 55:15issues (1) 93:4issuing (3) 91:19

95:23 96:1item (1) 109:24

Jj'ai (1) 5:13JAFZA (43) 76:25 77:3

77:4 79:10 80:1885:3,6,7 89:9 90:191:1,5,6,9,11,15,1791:23 92:11,1793:1,1,3,9,16,17,2494:4,4,13,15 95:1496:2,8,9,20 97:7,897:18 99:15 101:25102:20 120:22

JAFZA's (1) 94:10January (3) 73:3,6

81:25Je (1) 6:13jealous (1) 59:23Jebel (17) 76:22,24

87:24 88:2 91:1691:17,21,22 94:595:16 103:11109:22,25 110:12110:18 113:9,21

jetty (1) 66:17job (2) 95:17 105:15jobs (1) 88:25joined (1) 106:1joint (1) 73:20joking (1) 45:9journal (2) 22:23

48:11journalist (5) 47:18,20

47:21 48:18,23journalists (3) 22:17

48:13,17judge (5) 16:13 26:16

42:14 78:4 98:19judge's (1) 40:25judgement (1) 120:9judicial (1) 54:20July (4) 24:9 55:15

66:22 94:22jumping (1) 16:21June (12) 13:16,19

78:3 87:2,18 89:889:17 110:6,7,15110:20 111:6

JUSTICE (133) 1:7,9,121:15,18 2:7,16 5:35:7,9 6:7 14:12,1814:20 15:7 16:1,5,916:24 17:2,5,923:15,17,25 24:724:16 28:13,16,25

29:5 30:4,6,1031:15,18,24 33:1934:6,15,20 39:7,1240:6 43:10,1544:12 45:7 46:2046:23 48:21 49:853:19,22 54:2,5,954:25 55:2 56:7,1757:13,15 58:2059:2,6,18 60:13,1860:21 61:5,10,1361:18,20,24 62:1962:23 63:6,24 64:664:12,23 65:9,1371:12 72:6,1077:11 78:7 80:5,880:12 82:8 83:1783:21,24 85:1087:6,21 89:6 90:1295:4,7,22 96:1 98:4100:17 106:9109:10,12,15,18111:23,25 112:11112:18,21 113:1115:1,5 117:19118:1,24 119:15,17120:17,19 123:20123:24 124:2,6,12

justifies (1) 85:24

KK (1) 56:1KAMIL (2) 65:11 125:7keen (1) 59:4keep (1) 76:6Kendrick (45) 69:16

69:17 72:11 77:1378:10 79:25 80:480:11,13 82:983:18,22 84:385:11 87:7,22 89:790:13 95:3,6,1296:24 98:22 100:1101:24 106:25109:11,14,19 112:8112:24 113:2 115:2115:6 118:7 119:3119:4,16,18 120:18120:20 123:22124:1,5 125:9

Kenya (2) 3:11,12kept (3) 83:6 98:17

103:17key (5) 14:1,6,23,25

15:24Khaireh (1) 10:14kind (1) 103:14knew (22) 6:19 14:5

14:22,25 20:1521:16,18 23:2025:19 36:20 37:1437:16,21 95:14100:9,12,22 101:1102:9 104:3,7105:14

know (61) 4:8 5:15,166:16 7:10 11:312:10 14:11 15:1216:9,15,17 18:1018:20 19:19 20:1021:20,25 24:225:11,18,22 26:2427:11 31:15,1534:8,21 38:23 50:150:16 53:11 58:1159:20 64:14 75:579:25 80:23 83:1589:23 90:25 96:7

Docum

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6 nov

embre

2015



98:10 100:8,10,23101:5,8 102:12,13102:14,15,17 104:1104:3,8 111:22117:19 119:1,8121:16

knowing (1) 42:3knowledge (7) 18:4

22:1 25:6 34:358:17 59:21 101:22

known (2) 4:5 116:13knows (1) 37:19Kruijning (2) 67:16

68:3

LLa (3) 49:15 50:3 87:2label (1) 101:16laboriously (1) 83:25labour (1) 85:25ladies (1) 64:12lake (1) 12:12land (4) 98:25 99:2,4

99:10lands (1) 101:15large (4) 3:20 62:5,8

85:24largest (1) 99:17late (3) 66:15 90:4,5launch (1) 9:23launched (1) 19:20law (12) 72:19 74:10

84:20 85:21 89:1290:19 97:17 104:24106:14,18 115:20123:3

laws (5) 116:4,5117:14 118:2 122:4

lawyer (8) 103:4104:17,18,25 105:4106:7,11,21

lawyers (1) 18:2le (7) 48:5,9,11,19

49:1,6 117:22lead (1) 4:15leader (5) 47:19,21

51:10 52:14 57:24leaders (6) 48:15

51:17,20 52:256:25 57:7

leadership (1) 31:8learn (1) 93:16learned (1) 94:6leased (1) 99:3leases (3) 89:14 91:18

97:9leave (2) 64:24 79:24leaving (1) 16:1led (3) 17:18 24:20

53:5left (5) 34:2,9 40:7

42:12 67:18legal (13) 47:9,10 55:8

56:24 60:3 76:8101:13,17 106:2,3108:6 114:13 115:8

legality (1) 107:13legislation (15) 74:10

75:9,13 77:8 79:1292:5 96:14,19106:4 117:7 118:14118:16,19 122:6,7

legislative (10) 51:751:12,24 52:10,1762:15 63:1,5,1377:19

legitimacy (1) 104:15let's (7) 6:9 14:21

17:9 86:25 101:24109:3 119:21

letter (16) 55:19,2156:1,2,2,3,3,6,8,1056:11 114:16118:15 120:5 122:5123:9

level (4) 25:23 41:2243:9 62:17

liberties (1) 53:6licence (3) 102:10

113:14,18licences (10) 91:19

92:18 93:5,1494:16 95:23 96:296:12 99:14 103:11

liked (1) 98:18limited (3) 67:15,22

117:17line (10) 32:20 35:7

50:8 56:9,10 66:467:12 93:7 100:20112:1

lines (9) 52:5 54:2166:5,13 67:1383:24 89:21 116:1119:21

link (1) 88:24linked (2) 59:24

113:11list (1) 80:1listen (1) 92:23listening (1) 23:9little (4) 14:14 16:2

40:3 71:10lived (1) 5:23loans (2) 27:9,12local (3) 51:12 52:15

85:22locate (1) 21:1located (1) 24:12location (3) 20:25

21:1 46:12Lois (1) 117:22London (2) 63:25

124:10long (3) 35:4 46:20

49:15longer (2) 75:14

118:17look (56) 2:10 7:20

8:9 10:1 11:2 13:1513:20 22:1,2 24:826:8 28:10 32:935:8 36:14 40:2240:23 45:17 47:1547:24 49:9,10 50:550:15,18 55:13,1859:19 66:3,5,968:23 72:12 75:1677:18 79:7,14,2382:9 83:16 85:786:5,12 87:1,17,2088:4 89:19 96:24106:25 107:23108:19 112:5119:21 121:20123:10

looked (2) 82:25115:24

looking (4) 51:2267:11 109:2 123:13

looks (1) 88:15Lord (19) 1:5,13 3:3

15:2 23:8 39:2340:15 45:12 53:1653:21 54:7 56:1557:17 64:4,1065:10 95:6 115:3

123:18Lordship (5) 3:22

15:21 37:7 60:863:23

Lordship's (1) 16:18lost (1) 61:11lot (3) 16:6 26:20

64:15Louis (1) 57:18lunch (12) 33:16 35:2

35:6 36:21 40:742:12,15 43:846:10 59:5 88:9124:15

MM (1) 56:2Madame (4) 4:23 5:14

57:22 68:19Magistrature (1)

50:14mail (2) 115:11 119:9main (7) 17:19 26:25

47:25 51:16,25108:5 110:7

maintain (3) 25:2,1025:13

mais (1) 9:21major (2) 24:23 67:17majority (2) 22:10

52:11make' (1) 67:18make-up (1) 120:6making (10) 16:16

23:25 27:19 35:935:12 55:5 68:1277:14 98:7 119:13

Mali (2) 57:15,23malin (3) 60:19,22

61:14Mamasan (3) 38:1,8,9man (4) 31:10,13

45:15 81:23manage (3) 91:2 93:8

94:23managed (5) 27:1

30:17 75:10 81:881:10

management (41)67:13,22 68:6,7,868:10 76:12,2377:3,5 80:18 88:1289:25 90:25 91:1792:10,14,17 95:1497:1,7,14,15,18101:10 105:2109:23 111:1,8,13111:14 116:12,16116:22 117:12118:4,11 121:15,17122:11 123:16

manager (13) 22:624:13 91:6,11 92:192:11,20 93:1116:15,21,22117:13 118:11

managers (1) 102:1manages (1) 91:24managing (1) 77:17mandate (19) 35:25

36:1,3,22 38:9 42:658:16 73:12 74:8,974:11 77:17 86:1890:15,17,18,20,21120:16

mandated (1) 46:15mandates (3) 36:2

38:7 74:2

manipulation (1) 52:2March (9) 3:7,10,14

7:6 18:22,22 19:267:17 68:4

marketing (2) 94:16113:9

marred (1) 47:6marriage (8) 4:18 5:17

5:19,20,25 6:4,126:23

marriages (4) 5:236:19,22 7:16

married (7) 4:19,22,245:12 49:24 50:3,3

Marriott (1) 46:11marry (2) 6:25 7:8mass (1) 53:5matter (10) 39:9 42:2

46:18 47:17 64:2368:1 70:9 71:5 75:6106:14

mattered (1) 81:23matters (7) 28:5,9

33:11 34:6 78:1794:18 106:3

mean (26) 3:22 26:1634:8,15 38:5 73:2273:22,23 76:1077:2 83:6 86:16,23101:2 104:24105:10 109:8 111:4112:16,17,18,19,21112:21 114:17117:16

meaning (2) 17:2453:8

means (14) 6:6 23:2530:19 76:13 77:480:16 86:23 108:9109:19,21 111:7,18112:16,23

meant (5) 12:24 63:1463:17 81:21 118:8

measure (1) 98:13measures (1) 107:10media (1) 50:22meet (1) 8:25meeting (21) 8:12,14

8:15,24 9:3,5,1410:23 33:3,22 34:135:14 39:11,1542:22 46:8,10 65:166:25 67:1 98:6

meetings (1) 11:12Meidal (1) 47:20member (13) 38:10

47:19 48:7 51:1172:24 78:14,1879:5 82:18 97:23102:4 105:3 116:7

members (9) 4:1428:21 75:14 114:2114:12 116:20118:3,18 121:18

memo (1) 115:7mention (4) 57:15

66:7 98:22 120:13mentioned (7) 45:22

54:17 59:13 60:167:8 74:2 75:17

merely (1) 122:5Meridian (1) 9:2met (7) 8:7 9:20,22

11:6 25:20 53:594:21

Mezzedimi (3) 20:2322:13 24:13

Michel (2) 57:7,18mind (8) 2:13 66:18

67:11 74:5 83:692:19 119:10124:13

mine (1) 32:1minister (31) 3:13

6:18 7:12,17 10:1513:22 18:8,19,2319:4,24 21:1823:24 24:5,10,2228:4 30:18 32:2234:9 41:22 43:1643:16 52:10 57:2157:23 59:25 75:1175:11 116:6 117:16

ministerial (2) 28:829:12

ministers (8) 31:375:13 116:21 117:5117:15 118:3,17119:12

ministries (3) 28:2379:18 81:22

Ministry (2) 33:9,9minority (1) 23:21minute (3) 14:15 79:5

99:21minutes (9) 11:2

15:17 46:22,2566:25 67:1,7 95:8124:17

mirror (2) 87:24 88:2misinterpreted (1)

44:23missed (2) 17:3 62:8missing (1) 119:3mission (5) 8:6 9:1,17

31:19 77:7missions (3) 30:22

77:16 86:17mistake (5) 97:21

98:8 106:17 112:8112:14

mistaken (1) 22:25misunderstanding (1)

30:4mixed (2) 75:4 108:16model (1) 91:16Mohamed (3) 1:16

49:14 125:3Mohammed (4) 9:20

19:18 21:6,6moment (14) 5:6 6:9

16:1 24:16 26:4,1546:20 51:23 58:2180:9 93:3 95:5100:18,21

money (2) 76:1798:25

month (3) 18:2222:25 34:25

morning (5) 2:9 15:1064:13 123:21124:12

mother (1) 70:6motivated (1) 54:22motivation (2) 74:21

123:9motivations (1) 81:18motor (1) 114:15Moussa (5) 21:18

47:18 48:2,7 49:12mouth (1) 19:17move (10) 24:6 55:12

94:19 95:3,4 98:9109:3 119:4,21,22

moved (1) 10:7moving (5) 3:17 11:14

27:20,21 28:3MPs (2) 117:15

118:17mustn't (6) 43:12

89:24 90:2 106:9124:8,9

NN1/28/1 (1) 47:15N1/28/2 (1) 47:24N10/13/1 (1) 78:22N12/6 (1) 82:12N12/6/1 (1) 82:11N12/6T/1 (1) 82:11N17/113.1/1 (1) 87:1N18/1/1 (1) 87:17N18/1/2 (1) 87:22N18/1/3 (1) 88:5N19/38/1 (1) 86:2N19/38T/1 (1) 86:2N19/38T/2 (1) 86:5N31/3.1/1 (1) 49:9N45/44/1 (1) 68:13N5/36T/1 (1) 75:21N6/13/1 (2) 75:23,24N6/13/3 (1) 77:12N6/13/4 (1) 78:1N6/13T/1 (1) 75:23N6/13T/2 (1) 76:7N6/13T/3 (1) 77:18N60/7/1 (1) 123:11N60/7T/1 (1) 123:11N60/8/1 (1) 107:23N60/8/3 (1) 110:2N60/8T/2 (1) 108:18N67/41.1/1 (1)

114:24N67/41.1/2 (1)

121:14N67/41/1 (1) 115:4N67/41/2 (1) 121:13N73.18.1/2 (1) 50:18N73/18.1/1 (2) 50:15

52:19N73/18.1/2 (1) 51:23N73/18.1/5 (1) 54:19N74/22.03/1 (2)

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7:24 10:17,19 15:719:4,12 20:2025:14 27:3,10,2228:16,17 29:14,2531:18,24 33:2,538:15 39:23 40:943:20 44:12 45:645:11,13 49:8 50:550:9 53:11,25 59:159:10 65:8 72:1175:16 76:4,19 77:177:15 85:21 86:588:17 91:2 100:3,6102:2 105:10,23106:5,6 108:19,22113:19,20 115:5117:1 120:1 124:4124:20

right-hand (1) 66:6rights (2) 56:23 63:12rise (1) 15:17rising (1) 85:14risk (4) 47:12 109:4,5

109:20rival (3) 49:18,20,22Rizzo (2) 20:23 22:6Road (1) 21:2Robertson (7) 23:8

53:9,16 60:10,1660:17,24

role (28) 6:24 7:7,157:21,21 12:15 28:430:19 37:1 91:5,991:10,12,13,14103:19 105:1 106:2106:20,21 113:20113:21 117:15,17121:10,11 122:20123:1

roles (1) 106:20rose (1) 53:16

round (1) 58:23roundabout (1) 35:10rude (1) 118:7Rue (1) 24:12rules (1) 115:17rumours (1) 59:22run (3) 53:5 80:1

110:8rush (1) 29:19

SS (1) 56:9Saad (1) 49:12sadly (1) 70:3sake (1) 114:16Sanitation (1) 72:16satisfactory (1) 15:16saw (16) 4:14 9:2,23

10:13 11:9 12:1023:6 35:17 37:1766:14 97:17 100:4101:20 103:23,23111:9

saying (26) 9:8,9 24:124:2 29:9 31:135:25 36:10 37:1841:4,6 42:15 43:1245:14 51:1 57:9,2558:23,24 67:2199:22 101:2,4104:18 107:19123:2

says (36) 10:1,3,4,5,1310:19 23:11 45:1947:22 49:13 50:1958:20 62:2 76:2177:2,10,18 79:1782:20,21 83:2086:6,13 88:18,2089:20 107:25,25109:3 110:2,22112:2 113:22115:12 116:2,10

SAZF (3) 99:24 101:19102:19

screen (8) 1:25 2:1628:14 29:2 65:1665:17 75:23 76:4

sea (1) 88:14second (11) 20:8 38:9

50:20 59:16 68:2368:24 86:5 90:1799:4 111:23,25

Secretary (3) 115:7,11123:3

section (3) 61:17 62:562:8

sector (7) 75:4 81:1999:1 108:3 114:21117:9 118:19

sectors (2) 122:2,2secured (1) 88:10security (2) 10:14

81:9see (63) 1:21 5:25 6:9

8:16,19,22 9:11,129:18 11:9,24 12:2213:21,25 14:317:20,23 20:1122:9 26:10 29:1929:24 30:5 34:1136:20 40:11 42:2146:5 52:20 54:1955:16 65:17 66:3,666:9,9 67:11 76:2,476:5,6 77:9,10 78:278:21 79:4 84:1784:18,23 86:8,9,11

87:12,23 102:20,23103:2,15 107:24108:18,21 117:24122:5

seen (4) 66:23 67:5,8100:13

select (1) 70:12self-financing (1)

80:15semi-colon (1) 62:1sense (9) 14:11 30:7

30:11 31:5 38:2139:9 45:3 71:23113:2

sensibility (1) 119:2sensible (2) 46:24

64:18sensu (1) 103:22sent (15) 45:25 46:5

46:16,17 57:18,2268:3,3 70:16 71:1472:2,8 87:18 95:16115:11

sentence (20) 33:1635:19 40:23,2441:2,3,8,13 54:2166:6 107:16 109:14109:15 111:16,24117:19,23,24 121:9121:20

sentenced (2) 57:158:5

sentences (1) 62:1separate (4) 76:15

121:14 122:3,16September (2) 2:23

86:3Sergio (3) 22:13 23:14

24:13serious (1) 45:9servant (4) 96:8

103:21 105:6 107:9servants (4) 74:25

75:5 120:3 122:15services (2) 67:13,23serving (1) 94:1ses (2) 112:2,12set (9) 2:17 25:17

39:6 72:13 93:1593:20,22 97:12110:10

sets (1) 84:20seven (1) 116:1share (4) 16:18 30:7

104:2 112:16shareholder (5) 24:19

24:24 102:5,7104:15

shareholder's (1)102:8

shareholders (6)21:22 100:4 102:23103:15 106:23111:20

shareholding (13)23:20 26:6 100:8100:24 102:9103:23,24 104:10108:17 110:25111:17 112:4,7

shares (5) 18:5 23:5112:19,20,21

Sheikh (2) 9:20 21:6shop (19) 74:13 77:20

77:23,24 78:1384:25 90:22 93:893:20,20,24 94:294:15,17 96:4,5,18110:11,14

short (9) 1:5 15:11,1947:2 64:8 72:1889:9 95:10 124:17

shorter (1) 72:19shortly (2) 31:1 47:15show (4) 24:4 35:15

51:8 114:6showed (1) 18:2showing (1) 23:3shown (2) 1:20

107:16shows (2) 4:1,2shrewd (9) 31:13,14

31:16,16 60:10,1360:22 61:9 65:5

SID (1) 22:15side (7) 15:22 16:19

52:11 66:7 91:1891:19 99:14

signature (4) 1:2565:20 69:3,12

signed (7) 18:25 73:685:4,5 97:5,2398:15

simple (1) 82:15simply (11) 23:25 93:3

96:5 98:3,11,14101:16,17 103:1,17103:19

single (1) 74:13sister (4) 80:4,5,10

82:17sit (3) 124:13,14,15site (1) 11:22sits (1) 60:10situation (9) 7:25

11:18 13:9 35:8,1655:17 58:12,13107:13

six (2) 16:16 116:1six-year (1) 50:20skewed (1) 65:4slice (1) 99:17slightly (3) 13:8 60:21

114:7slipped (1) 23:13slowly (5) 24:17,18

45:19 48:1,22small (2) 4:7 37:19Smith (45) 1:5,8,13,19

1:20 2:5 6:6 16:1817:1,4,7 22:3 56:1559:3,4,11,12,13,1960:7,17,19,2461:16,19,21,2562:22,25 63:7,2264:4,10,22 65:7,1065:14,15 68:2269:15 79:24 80:6125:4,6,8

so-called (1) 48:16social (2) 10:11 81:9society (1) 52:16sold (1) 23:1sole (2) 50:8,11somebody (16) 7:17

7:17 14:9 15:417:21 36:20,2340:16 43:23 44:645:16 46:17 64:1881:11,13,19

son (1) 6:1Soprim (1) 81:25sorry (20) 1:5 13:17

14:14 23:8,16 41:353:9,16 56:15 58:873:23 79:24,2580:4 84:19 95:15100:17 102:7

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117:18 123:18sort (9) 11:2 13:5 34:6

34:10,20 88:292:21 107:10115:16

sound (2) 45:25 46:5speak (4) 16:10 43:10

69:22 70:12speakers (4) 16:25

28:12 64:14 75:24speaks (2) 60:18 88:6special (7) 9:8,19 28:6

29:10,17 30:1679:19

specific (5) 9:16 31:2035:13 79:22 103:13

specified (1) 8:21specify (2) 3:24 6:6spend (1) 12:11spent (1) 3:4spoke (1) 45:1spokesperson (1)

122:1springboard (1)

108:14square (1) 107:24staff (4) 49:17 93:14

94:4,7stage (2) 104:22,25stamping (1) 94:6stand (6) 35:21 38:19

39:19 40:9,2258:25

standing (4) 42:11,2446:6 58:10

start (5) 53:12 59:1371:25 73:8 124:3

started (8) 2:22,2312:7,25 17:1820:13 73:2 95:17

starting (3) 3:18 54:2059:9

stasis (1) 103:12State (6) 22:14 76:15

92:10 103:19,19110:8

stated (3) 22:10 51:458:17

statement (49) 1:222:3,11 3:17 8:8,1010:2 11:6 19:3 25:326:9 32:9 36:1442:17 45:18 57:857:20 65:16,1866:1,20,21 68:1768:24,25 69:5,8,969:13 70:20 71:1572:12 82:1,4,583:17,18 84:1189:7 90:5,11,2496:24 97:21 98:22105:25 107:6,14,22

statements (5) 2:218:3 69:19,1971:16

stating (1) 118:16status (13) 47:10

48:17,22 66:1773:11 76:8 79:1979:22 81:3 100:2101:13 102:20108:7

statutes (3) 74:175:17 123:7

statutory (2) 99:20101:16

stay (1) 25:21steps (3) 15:12 116:19

116:23

stick (2) 25:2 100:1stood (1) 32:17stop (3) 55:2 94:8

123:19stopped (2) 49:2,5storage (1) 108:13straight (3) 23:13

36:17 107:3straightforward (1)

33:20strategic (3) 74:9

90:17 117:17strategies (3) 120:24

121:4 122:19strategy (1) 84:13strayed (1) 21:12street (1) 53:5stress (1) 90:24stricto (1) 103:22strong (1) 88:6structure (9) 75:1

91:9 108:2 109:13110:24 111:4,5,11112:1

studied (1) 70:7studying (1) 103:11subject (8) 35:13 45:2

45:5 47:17 68:1670:9 71:12 82:4

submissions (1) 16:16submit (1) 51:12submitted (3) 33:10

51:3 71:9submitting (1) 27:18subsidiary (1) 22:24substantial (1) 105:16subtribe (1) 38:2succeed (1) 37:6succeeded (1) 31:21succeeding (1) 36:25success (1) 49:16successful (1) 31:19successive (1) 38:7sufficiently (2) 8:18

9:10suggest (3) 46:4 60:20

94:3suggested (2) 46:11

89:20suggesting (2) 8:16

39:16suggests (3) 60:11,20

60:24Sulayem (2) 87:6,8Sultan (8) 19:15,18

21:6 87:6,8,11,1387:14

summarise (1) 72:14summoned (1) 13:5superiors (1) 106:15supervision (2) 28:7

29:11supervisory (3) 76:20

77:2,5support (17) 38:15,18

39:17,24 40:8,1641:9 42:5,10,1644:14,19 45:4,1046:3,6,17

supported (3) 15:543:23 44:22

supporting (2) 40:2141:10

supports (1) 88:23suppose (1) 12:9supposed (3) 74:6

100:16 121:7suppress (1) 48:4Supreme (1) 50:14

sure (9) 24:7,7 35:339:7 61:18 87:1694:18 100:10,24

surely (3) 45:8 67:899:9

surprised (4) 60:21102:16 103:1,1

surrounding (1) 88:20suspended (2) 48:19

48:24sustain (3) 110:25

111:17 112:4switched (1) 26:24sworn (7) 1:8,9,16

64:11 65:11 125:3125:7

system (4) 54:2056:24 63:17 103:4

systems (1) 51:9

TT (1) 56:10table (1) 109:10take (14) 24:16 37:1

47:15 52:16,1753:24 62:24 63:165:23 71:10 75:2075:22 93:17 95:7

taken (6) 15:12 54:1357:9 59:8 63:8107:9

talk (14) 4:6 5:2117:16 18:2 27:1139:23 43:4 44:8,1646:16 48:16 52:12121:14 124:6

talked (22) 17:1720:11 26:7 35:1735:18,23 36:10,1236:21 37:3 40:1,1241:21 43:1,3,8 44:144:16,23,24 57:21110:6

talking (35) 4:11,124:23 8:20,22 9:1510:10 14:25 17:1117:12 20:25 21:422:23 24:10 26:2127:8 35:6 36:341:25 45:4 48:2549:22 50:2 51:1954:15 57:5 71:8,11109:5 111:20,24113:4 120:3,6122:6

talks (19) 9:4 21:424:11 27:11 36:2136:21 37:13,21,2138:21 41:12,2544:16,18,24 46:1246:18 49:12 112:1

tangential (1) 15:24tape (3) 16:23 64:19

87:4tax (5) 22:8 32:22

33:4,14,20taxes (2) 33:18 85:24technician (1) 21:10tell (21) 6:9,14 63:7

70:10 73:10 78:497:1 98:5 100:9,22104:19,20 105:9106:21 109:7111:20 114:19116:14 119:8,10121:20

telling (6) 12:22 21:322:18 43:18 100:7

102:11tells (1) 87:2temporary (1) 111:5Temps (2) 48:5,9ten (5) 11:2 54:21

63:19 66:5 95:8term (11) 38:19 40:22

41:6 42:11 46:2,746:19 47:5 50:2052:23 53:2

terme (1) 61:8Terminal (2) 25:16

66:17terminating (1) 97:5terms (7) 20:15 27:10

39:24 41:5 43:2144:1 63:9

terrorism (1) 55:4testimony (2) 8:3

59:14text (3) 58:18 92:15

123:9texts (1) 91:11thank (40) 1:12,24 2:2

2:5,14,25 3:17,245:9 17:10 27:2429:8,25 42:1746:25 55:3,1156:19 57:17 60:761:15 62:15 63:2263:24,24,25 64:2,665:13 67:9 68:1268:22 69:7,1573:21 76:3,5 80:11113:2 124:11

thing (7) 28:25 38:1039:16 79:8 82:16118:18 123:20

things (18) 9:12 12:2216:19 27:6 29:2130:24 36:20 40:1143:6 91:20,21 93:594:6 101:6 104:21114:9 121:6 122:6

think (87) 1:9 2:19 5:35:4,19,21,21,227:13,19 8:11 10:2110:25 14:8,12,2015:22 16:24 19:520:16,17,25 21:1223:17 25:16,1826:19 27:14 28:2530:10,11,13 31:132:2 33:2,24,2434:3,17 36:25 38:640:10,14,15,1844:11,23 45:1250:25 53:8 54:2557:16 60:9,1462:14,19 64:2566:15 67:9 77:1177:25 78:24 82:187:4 89:3 95:3,13101:7,24 102:6,15103:4,7 104:2,9105:19,24 113:7114:7 115:13117:17 118:24,25118:25 123:17,20124:16

thinking (2) 33:2123:18

third (14) 35:7 38:1940:22 41:6 42:1146:2,7 50:19 52:2353:2 69:8,9 93:6109:22

thought (12) 19:720:18 34:15 37:7

37:23 40:6 61:1061:13 80:9 104:19112:8 124:18

threat (2) 43:17,19three (5) 48:12 56:25

69:19 83:14 89:21thrust (2) 58:22 98:4Thursday (1) 1:1ties (1) 88:23time (61) 3:10 9:5,14

9:16,18 11:1,10,1111:13,14,19,1912:10,14 16:16,2119:1 21:4 24:2226:12,23 27:3,1427:15 34:24 35:438:3,13 41:21 44:444:8 49:3 51:5,1452:8 53:24 56:2159:15,17 60:6 66:767:6 71:3,9,10,1274:16 75:18 76:1678:3,5 83:5 86:2592:8 98:16 99:19105:12 107:2,21114:15 116:12

times (2) 10:16 11:6tired (3) 14:14 58:8,21today (14) 17:8 58:14

59:17 62:12 67:273:20 84:10,1298:14 99:8,18,23104:11 121:10

told (20) 15:8 17:722:3 26:5 36:2437:7,22 41:1442:21,24 44:13,1944:20 46:3 64:1179:5 83:12 84:2389:12,12

tomorrow (4) 42:1582:9 124:3,12

tongue (1) 70:6tonight (1) 123:25top (4) 21:2 52:20

76:4 113:23topic (1) 95:5touch (1) 82:4touchy (3) 119:5,10

119:11Touraya (4) 4:21,23

5:12,14Touré (1) 57:22tourist (1) 81:12trade (2) 12:16 108:2trading (1) 12:19traffic (3) 26:23 27:1

29:20train (1) 85:18transcript (6) 16:7,12

16:15 59:17 64:20100:19

transfer (1) 20:14transfers (1) 103:10translate (4) 45:20

53:22 54:21 70:16translated (16) 10:5

23:12 24:17 48:153:18 60:13 64:1564:16 71:7,17,2072:4 83:25 100:19112:3 118:1

translating (1) 71:25translation (14) 5:6

16:20 28:11 54:6,854:24 60:12,22,2561:11 70:20 71:6112:5,15

translator (1) 61:3

translators (3) 17:764:5,10

transmitted (1) 71:4transparent (2) 57:10

58:1travelled (1) 94:20treading (1) 119:2trend (3) 52:21 53:22

54:2tribe (3) 38:7,9,11tribes (2) 36:5 38:12tried (5) 16:10 39:18

44:14 45:10 58:4tries (1) 40:8trips (1) 9:8troubled (1) 93:9troubles (1) 54:13true (18) 2:2 11:21

13:4 16:24 26:633:8 35:20 48:1450:24,25 66:168:18 69:5,6,13,1478:16 91:23

truly (3) 30:23 31:740:16

trust (1) 44:7trusted (1) 45:16truth (2) 70:10 119:9try (12) 14:21 15:23

16:9 18:6 36:1247:14 64:20,2066:16 92:25 94:18102:23

trying (7) 34:18 39:641:23 44:18 102:22114:13 123:22

turn (10) 1:24 2:1011:4 54:18 61:1965:20 66:2 69:285:1 110:2

turned (3) 26:23 27:244:21

Turning (1) 62:15twice (2) 38:3 59:14two (35) 4:14 7:11 8:8

10:16 14:15 15:1420:1,11 21:9 22:1133:7 36:2 37:1338:7 41:5 45:2248:4,15 53:23,2554:5 66:18 69:283:13,24 87:21,2293:17 99:1 101:6116:19,21,23118:10 121:15

type (3) 8:3 32:4,5

UUAD (1) 63:3Uganda (2) 3:11,12unaware (1) 22:19Unbeknownst (1)

97:4unchanged (1) 82:23underlying (1) 92:2underneath (1)

101:20understand (25) 4:15

36:23 39:10,12,1747:12 53:8 63:1065:24 66:16,1872:6,6,14 81:1584:2 98:5 103:8104:22 107:22111:18 114:13,17118:5 119:19

understandably (1)35:1

understanding (23)6:24 7:6 42:1170:13,24 71:373:25 74:17 76:1284:7,8,9 90:8,9,1091:5 92:13 95:20100:18 121:7,11122:8,20

understood (12)14:20 39:15,2140:20 41:12 83:22101:15 110:19114:21 121:4,6122:25

undertakings (2)110:4,5

underway (1) 75:19Unfortunately (1)

51:9Unified (1) 48:6Union (3) 57:6,18

61:20unique (1) 105:20united (2) 22:12 23:11Unity (1) 57:24university (2) 70:8

104:24unpaid (2) 32:22

33:11unsatisfactory (3)

15:10 16:13 59:7urgency (1) 31:2urges (1) 88:7USN (1) 63:4

Vvacuum (1) 93:13validated (1) 98:19validation (1) 115:21validity (1) 57:20value (1) 94:15various (7) 18:1 93:21

94:14 115:17119:24 120:7122:12

Venise (2) 21:2 24:12victim (1) 50:1view (3) 32:3 35:16

88:24views (2) 45:25 46:6visa (2) 93:9 102:10visas (8) 91:20 92:18

93:5,14,21 95:2396:1 99:14

visit (12) 8:4,21,22,239:9,14 10:25 11:2519:14 34:9,1136:15

visited (3) 9:13 10:2020:10

vote (1) 57:11votes (5) 55:23,25

62:4,14 63:8voting (1) 63:12

WWais (3) 47:20 48:2,8wait (2) 2:5 28:13Waller (50) 2:8,9,15

2:17 5:5,10 6:814:19 15:21 16:4,817:11 22:4 23:1623:23 24:4,8,16,1926:3 28:15,17 29:329:7,8 30:5,9,1431:25 34:13,17,2239:10 40:18 44:1345:17 46:21,22

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47:4 49:9 54:1055:1,3 56:6,8,1958:9 59:1 60:9125:5

Waller's (1) 62:7want (8) 25:10 46:4

81:13 83:21 114:6118:7 119:10 124:9

wanted (20) 4:6 26:230:23 31:7 37:4,640:3 41:20 43:1944:2,4,8 50:2551:11 52:14 53:1258:2 68:11 81:1492:25

wants (1) 58:25war (1) 27:2warehouses (1) 99:5warning (1) 107:11wasn't (43) 6:22

10:23 11:12,2312:25 14:8 18:2419:1 21:3,10 22:2123:12 37:10 39:843:17 46:9,14,1549:2,4 50:24,2564:16 70:25 78:1179:15 87:25 93:1896:12 100:16101:11 102:25103:14,18 104:4,6104:16 105:10,11106:7,20,21 114:9

Wassama (1) 62:12Water (6) 72:16,18,20

73:2 89:17 95:22way (19) 6:14 7:15

11:22 13:3 30:1034:8 35:10 36:2040:11 43:1 49:1657:10 58:23 65:471:2 86:23 101:4114:7 118:21

weeks' (1) 16:16went (12) 8:4,9 9:15

9:17,17 10:2032:25 42:20 43:1045:12 58:3 62:23

weren't (4) 6:1 93:1295:17 99:2

whatsoever (1) 54:16whilst (1) 18:24wholly (1) 59:7wider (1) 10:9wife (1) 9:4WikiLeaks (2) 13:16

87:18winning (1) 52:23wire (1) 22:4wish (2) 67:10,24withdrew (3) 50:12,21

64:3witness (39) 1:13,22

5:7 8:8,10 14:1716:5 23:10 26:828:19 29:1 32:934:17 45:18 53:2454:5 61:6 64:2,3,565:10,16,18 68:1768:23,25 69:5,8,970:10 71:15,1672:12 80:1 83:1783:18 98:11 123:25124:11

witness's (2) 23:1880:10

won (3) 50:20 53:263:13

wondered (2) 23:15

80:8wondering (2) 33:13

46:23Wood (1) 117:7word (9) 60:8,10,12

60:14,19,21,2461:14 112:15

words (15) 14:8 22:938:4 41:16 42:162:8 68:7 76:1590:21 96:11 99:1999:23 101:13102:18 111:17

words,before (1)100:23

work (9) 12:24 41:2373:2,5,5 89:25103:22 107:8120:22

worked (11) 2:23 3:166:16 72:15,19,2178:14 93:18,19102:4,20

working (7) 17:2131:9 32:6 71:889:16 93:12 94:12

works (4) 11:1,243:16 56:25

world (10) 50:1792:12 107:2 116:13117:13 120:7,10,22123:13,15

World's (1) 88:12worried (1) 119:12worth (1) 16:5wouldn't (5) 5:19

29:16 31:5 70:1675:2

write (3) 69:22 71:2114:7

writing (2) 22:6115:10

written (6) 69:2070:20,22 71:13107:24 113:22

wrong (8) 16:20 97:1998:8 104:19 105:10105:19 106:14117:2

wrongly (1) 61:1wrote (6) 22:17 67:2,7

71:20 72:3 114:22

X

Yyear (8) 2:20,23 3:9

33:3 34:18 85:1493:17 105:18

years (9) 2:19 3:4 5:821:9 40:13 78:2085:14 88:7 94:12

ZZ (1) 56:11Zahra (1) 80:5Zeinab (4) 65:11 83:7

84:18 125:7zone (102) 13:17,18

14:6,23 15:5 17:1226:1 28:24 73:1273:14,17,18,21,2374:3,3,5,12 75:1976:22,24 77:6,7,1377:17,17,21 78:1178:12,17 81:3,1681:16 83:7,9,9 85:185:6,9,12 86:14,19

87:3,24 88:3,10,1388:15,21 89:1390:14 91:4,6,6,892:2 93:2,4,8,11,1694:17,23 95:2096:13 97:10,1299:5,10,15 101:13101:14 102:1,19,24103:5,12,21 104:6104:23 105:17,20106:4,24 107:20108:2,6,7,11,13109:20 110:9,10111:3 113:12,14114:10 115:16122:2 123:1,8,14

Zone's (1) 97:8zones (23) 74:7 77:5

79:13 81:4 84:1484:21,24 85:386:13,15,20 90:1590:19 91:2,12,1591:24 92:1,1197:15,17 110:1122:7

004 (2) 110:6,15

11 (15) 17:8 53:25

56:13 76:6,8 79:182:20 86:6,1087:22 110:20 111:6120:18 125:3,4

1.00 (1) 64:71.45 (1) 124:1510 (6) 3:19 11:5,17

84:24 88:18 108:1610.30 (1) 1:210.35 (1) 1:4100% (1) 55:23102 (1) 100:2011 (1) 124:1411.07 (1) 15:1811.15 (2) 15:20

124:1412 (2) 13:13 34:2512.18 (1) 47:112.22 (1) 47:312.45 (1) 124:1513 (9) 8:10,20 32:9,20

35:7 40:20,2359:17 94:12

14 (5) 42:17 66:2572:15 73:4 94:12

15 (10) 8:16 9:1 10:1167:1,17 68:4 85:196:16 97:16 124:17

15-minute (1) 124:1416 (6) 10:2,6,13 66:22

85:1,717 (2) 114:25 115:618 (3) 26:8 27:24

83:1619 (3) 28:3 29:10

46:191930s (1) 4:21975 (1) 4:41980s (1) 11:81981 (2) 2:18,221982 (2) 2:21,231992 (1) 72:151993 (1) 3:21997 (2) 3:4,71998 (10) 75:9,13

81:20 92:5 116:3,4117:7,14 118:15,16

1999 (7) 32:13 36:247:5,23 48:1455:22 72:20

22 (19) 13:19 56:13,15

56:17 61:22 64:664:23 72:13 73:676:7,20 79:3 80:286:7,17 87:22108:18 109:24125:5

2.00 (1) 64:92.45 (1) 124:1620 (1) 46:2220% (3) 62:14 63:17

63:182000 (11) 3:9 10:7

18:25 20:13 22:522:16,20,21 23:668:8 116:11

2001 (9) 3:7,10,1418:22 19:2,4,12,2523:6

2002 (10) 24:9 25:4,873:13 75:20 78:383:8 90:16 102:6111:9

2003 (11) 15:3 25:928:16 49:21,2351:8 52:8 72:2573:15 78:23 90:16

2004 (32) 13:16,1919:21,23 20:8 66:466:23 67:4 72:1573:4,18 74:1085:21 86:3 89:4,889:17 90:5,18 91:192:16 93:22 94:2296:12,19 97:2110:20,23 111:6,10111:25 112:10

2005 (16) 8:7 32:1436:2,2 49:12 50:7,950:13,20 55:2373:3,6 90:7 93:2396:17 114:12

2006 (25) 32:21 33:1566:8,24 67:1 68:1170:14 92:24 94:894:20 96:15 99:1999:25 100:1,13,23102:9,12,13,15,17103:23 104:13105:18 108:16

2007 (26) 8:13 10:2110:24 32:16,2533:3,6,13,15,21,2133:23,24,25,2534:5,25 35:3 45:2267:12 68:4 107:24108:24 109:2,8114:12

2008 (11) 7:6 33:1733:23,24 34:2,451:15,24 66:15115:6 121:10

2009 (2) 8:15 66:152011 (21) 32:17 35:25

36:3 39:25 40:1,1340:17 41:11 42:142:25 52:19 53:353:15 54:11,15,2355:6,24 58:13 62:462:11

2012 (2) 50:17 51:142013 (10) 3:15 55:12

55:15 57:1,20

62:15 63:1,3,5,182015 (4) 1:1 66:22

81:25 124:2321 (2) 90:6,722 (1) 2:1926 (1) 65:2029 (6) 1:1 66:2,3,12

85:8,11

33 (10) 55:16 61:22

77:7 79:7 82:2187:20 88:5 100:20110:2 124:18

3.07 (1) 95:93.17 (1) 95:1130 (2) 89:5 124:2330% (1) 85:1231 (1) 89:1932 (1) 93:634 (3) 96:24 97:3 98:7

44 (12) 2:11,15 13:20

28:19 29:1,2,377:18 78:1 79:1484:19,23

4.15 (1) 124:2140T (1) 84:1744% (1) 108:2045% (2) 51:7 63:1445T (1) 28:11464 (1) 45:19

55 (1) 54:1851% (1) 63:1559 (1) 125:6

66 (2) 2:11,1765 (3) 63:20 125:7,869 (1) 125:9

77 (6) 77:25 79:23

80:13 85:8 87:2123:12

7.5 (2) 97:8 98:1570% (2) 26:25 85:1472 (2) 67:10,1173.45 (1) 22:1075 (1) 106:257T (1) 123:11

88 (4) 80:17 84:23

85:11 88:480% (2) 55:24 62:486 (1) 4:5

99 (3) 13:16 87:18 88:99.30 (5) 124:3,12,13

124:20,22

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Indien 6 novembre l'Océan de Lettre - Africa IntelligenceRepublic of Djibouti et al v Mr Abdourahman Boreh et al (Claim No. 2012 Folio 1333) Day 9 October 29, 2015 Opus 2 International