C O N F I D E N T I A L SECTION 01 OF 02 DAR ES SALAAM 000540

SIPDIS

DEPT FOR AF/E, AF/C, AF/RSA, S/WCI, AND IO

E.O. 12958: DECL: 3/7/15
TAGS: PHUM PREL TZ RW ICTR
SUBJECT: ICTR REGISTRAR BRIEFS DIPLOMATS

Classified by Charge d'Affaires Michael S. Owen for reason
1.4 (d).


1. (C) Summary: ICTR Registrar Adama Dieng on February
25 briefed a small group of Dar es Salaam diplomats on
current progress of the ICTR. Dieng was upbeat on the
probability of the court meeting its completion deadline of
2008, though he said full funding was crucial. By the end
of 2005 all investigations would be complete, he said, and
predicted that 2006 would begin to see some significant
reductions in costs. He outlined progress in containing
defense counsel costs, noting that a lump sum payment
system was now in place. A fourth courtroom, funding by
the UK and Norway, opened on March 1. Cooperation with the
Government of Rwanda remains problematic, and he said
possible indictment of some RPF personnel is a "huge
shadow" looming over the court. Dieng raised an
unanticipated problem of what to do with acquitted persons,
saying "they have no place to go." End summary.


2. (U) ICTR registrar Dieng briefed a small group of Dar
es Salaam Chiefs of Mission who met at the invitation of
the UK High Commissioner. Present were the Canadian High
Commissioner, French Ambassador, German Ambassador, Dutch
Ambassador, Norwegian Ambassador, and Charge. This group
had first met in December and agreed to form a "Friends of
the ICTR" informal grouping to stay abreast of ICTR
developments, and engage with the ICTR on issues of mutual
interest. The February 25 briefing was the first formal
meeting of this group. The Belgian Ambassador is also a
member of the group, but was unable to attend the briefing.


3. (C) Dieng was decidedly upbeat on the ICTR's progress,
citing numerous examples of improved administrative
procedures and cost savings. Because of an improved
financial position, the ICTR's recruitment freeze had been
lifted January 7, and several key vacancies had now been
filled, he said. A move to less cumbersome biennial
budgeting had helped to streamline budgeting procedures, he
noted, and monitoring of costs had been significantly
improved. The court was now making more advantageous use
of interns and legal resea

rchers, and was also utilizing
information technology more effectively. Despite tough
opposition from attorneys, a system of lump sum payments to
defense counsels had now been implemented for all new
cases, and this would reduce costs very substantially from
the previous open-ended system. Although the total number
of cases is still increasing, Dieng said the cost per case
should begin to drop significantly by the end of 2005 and
into 2006.


4. (C) Dieng reported that the Governments of Norway and
the UK had each contributed USD 120,000 toward the
construction of a fourth courtroom, which would be a
tremendous help in speeding completion of cases. He noted
that opening this additional courtroom, along with the end
of the hiring freeze, had been a major morale booster among
ICTR professional staff. This additional courtroom was
subsequently inaugurated on the morning of March 1, and the
opening proceedings of a new case were heard in the
courtroom on that same afternoon.


5. (C) Dieng voiced considerable optimism that the court
would conclude its work within the timetable established by
the completion strategy. He said all investigations would
be complete by the end of 2005, and that all indictments
would also be filed by year's end. Dieng said the
prosecutor would increasingly focus attention on ensuring
the trial readiness of the cases of the remaining
indictees, and that apprehension of indictees still at
large will also be a top priority. Dieng said all cases
should be completed on schedule by the end of 2008,
although he hedged this prediction by saying that "new
shortfalls in funding" could complicate the court's work.


6. (C) Asked about ICTR cooperation with the Government
of Rwanda, Dieng said there are still many problems, but
there had been "improvements" recently, and that there is
an "open and continuous dialogue." He expressed
appreciation for Belgian assistance in training Rwandan
legal researchers in preparation for the eventual transfer
of cases to Rwanda after 2008. The ICTR is also looking
for possible sources of funding for capacity building for
the Rwandan legal system to ensure a smooth transfer of
cases. Dieng said the ICTR has negotiated and is ready to
sign an agreement with the GOT on enforcement of sentences.


7. (C) Dieng said the possible indictment of RPF officers
is a "huge shadow" looming over the court, and said Kagame
would not cooperate with the court in any way on this
issue. He asked rhetorically "How could the ICTR close its
doors without indictment of at least some RPF officers?"
This issue impacts the entire credibility of the ICTR, he
said, but would it be possible to indict anyone without
effectively reaching Kagame? Dieng said there are several
cases under investigation in which indictment of an RPF
officer seems very possible, but what would happen if an
indictment was filed? The GOR would be very unlikely to
cooperate, he said, and this could seriously impact other
operations of the court and the eventual transfer of cases
to Rwanda. Dieng reiterated the complexity of this issue,
and the importance of not damaging the credibility of the
ICTR.


8. (C) Dieng also raised the unanticipated problem of how
to deal with accused persons who are acquitted by the
court. This issue is not mentioned in the statutes
creating the ICTR, he said, suggesting that this was not
envisioned as a possibility. To date three such accused
have been acquitted by the court; one has been granted
asylum in France, but the other two are currently staying
in safe houses in Arusha, at the expense of the ICTR.
Terming this "an ethical issue," Dieng said that no states
have volunteered to accept these two (with their families),
and that sending them back to Rwanda would be "tantamount
to a death sentence." French Ambassador d'Achon said that
France had accepted the one acquitted person "under duress"
and that it was highly unlikely France would ever accept
other acquitted persons. Dieng said the ICTR had also
approached the Government of Belgium about providing
asylum, but had been turned down. Dieng requested support
in finding an equitable solution to this problem, as
quickly as possible in light of the continued expense of
housing the acquitted persons.


9. (C) Comment: Dieng's presentation was highly
professional and well received by the Friends Group. Our
impression is that the ICTR's effectiveness is steadily
improving, and the addition of the fourth courtroom will
significantly boost the court's ability to reach its
completion strategy goals. The potential indictment of an
RPF officer will be a huge issue, and with indictments
scheduled to conclude by the end of 2005, is likely to
arise soon. End comment.

OWEN