Inaugural Meeting of the Friends of the ECCC

UNCLAS SECTION 01 OF 02 PHNOM PENH 001118

SIPDIS

SENSITIVE
SIPDIS

STATE FOR EAP/MLS; GENEVA FOR RMA

E.O. 12958: N/A
TAGS: PHUM PREL KJUS CB
SUBJECT: Inaugural Meeting of the Friends of the ECCC



1. (SBU) Summary: On June 12, the Japanese and French Ambassadors
co-chaired the inaugural Friends of the Extraordinary Chambers in
the Courts of Cambodia (ECCC) meeting. Donors agreed that the
Friends group would serve to disseminate information on the ECCC's
progress, provide non-judicial advice to the ECCC, and seek ways to
use the ECCC to strengthen and reform the Cambodian judiciary. The
swearing-in ceremony for all court officials will be July 3; all are
expected to attend. A strategy and planning session will follow
from July 5-8; July 10 is the first official workday for the ECCC.
Donors discussed the utility of separate, restricted meetings of
major donors at the Ambassadorial level; the Charge urged a more
inclusiveness and USG interest in attending such meetings. End
Summary.

General Agreement of Friends Role
--------------


2. (U) Several proposals for the role and responsibilities of the
Friends group were laid out jointly by the French and Japanese
embassies:

-- Non-judicial advisory role only

-- No formal institutional structure

-- Confidential (no official records nor joint public statements

-- Inter-governmental (no IOs or NGOs)

-- Respect the independence of the Extraordinary Chambers

-- Respect the prerogative of the Office of Administration

-- Meetings by Ambassadors of main donor countries may be held,
when necessary

-- Semi-regular meetings for diplomatic missions, in principle, at
the Counselor-Secretary level, roughly every second month on the
last Thursday.

Office of Administration Developments
--------------


3. (U) Sean Vissoth, Director of the Office of Administration
(OA),briefed donors on the general progress of the ECCC,
institutional and personnel matters, financial matters, court
management, and outreach. On July 3, after the swearing-in
ceremony, there will be a strategy and planning session from July
5-8 for the judges and prosecutors. The ECCC will begin its work on
July 10. The RGC still lacks USD 4.6 million for the Cambodian side
of the budget and Vissoth asked donor countries for further
assistance. He assured donor countries that the UNDP will thoroughly
monitor contributions through the establishment of a trust fund;
transfer of donor money from the old UN Trust Funds will flow
through the UNDP mechanism. On outreach, the ECCC (with Australian
assistance) has printed information booklets regarding the KRT,
which are available in Khmer and English. The ECCC is planning a
more comprehensive outreach campaign involving posters, TV ads, and
other media to educate the public.


4. (U) Michelle Lee, the Deputy Director of the Office of
Administration, updated donors on staffing levels for the ECCC.
Livingston Armitage, ECCC legal advisor, explained that the strategy
and planning sessions from July 5-8 will be a forum for discussing
court procedures, ethics, internals rules and regulations, and
international protocols.

Donor Country Concerns
--------------


5. (U) The Charge questioned the necessity of "meetings of
Ambassadors of main donor countries" and whether it was only
restricted to these countries. The Japanese Ambassador responded
that there were specific issues pertinent only to those countries.
Also, Japan and France will consider other non-main donor countries
on a case-by-case basis. The Charge expressed the USG's interest in
participating in these meetings, and noted the USG contribution of
an additional USD 2 million to DC-CAM. The German Ambassador
requested that such meetings be inclusive, rather than exclusive.


6. (U) The German Ambassador suggested that the USD 4.6 million

PHNOM PENH 00001118 002 OF 002


deficit be supplemented by the RGC. He noted that while additional
financial contributions might be difficult, some countries have
indicated a willingness to consider in-kind contributions. Vissoth
responded that he would discuss the suggestion. The Australian
Ambassador inquired about the fence that was to be built between the
court and military compound. Vissoth replied that due to the rainy
season, there had been a setback, and that the fence should be
completed by the July 21. Vissoth assured donors that all the
judges have accepted the appointments and will be present at the
July 3 ceremony.


7. (U) The Australian Ambassador requested that, for public
relations purposes, donor contributions from the old UN Trust Funds
should be publicized by the UN in New York and Cambodia. Michelle
Lee replied that there were donor statements and official signings
by the UNDP and RGC for the transfer of some of the trust fund
money, but publication of individual country contributions has not
been done yet. The Australian Ambassador also asked if the ECCC
were considering the psychological effect of the trials on the
Cambodian population. Helen Jarvis answered that the ECCC plans to
provide assistance to witnesses, and is looking into what can be
provided as part of the ECCC's outreach efforts, but there is only
so much the ECCC can do in this regard. She noted that virtually
every Cambodian family has been traumatized in some way by the Khmer
Rouge period.


8. (SBU) The French Ambassador suggested that the next Friends of
the ECCC meeting be held in July, rather than August. He
anticipates that the July 3 swearing-in ceremony and follow-on
strategy and planning sessions will be of interest to donors, and
offered to host the next meeting at the French Embassy. Canada
asked about inclusion of the non-resident Embassies based in
Bangkok; Japan noted they had been invited to the June 12 meeting
and their mission in Bangkok would brief those Embassies on the
Friends discussions.

Comment
--------------


9. (SBU) The suggestion regarding a selective grouping of
Ambassadors from major donor countries came at the initiative of the
French and Australian Embassies, according to the Japanese Embassy.
We and the Germans pushed back on the non-inclusiveness, but did not
press the issue. This is not a new proposal; the French have tried
this before. The Japanese were to have taken on the role as sole
chair of the Friends of the ECCC; the idea of co-chairing the
Friends was Sok An's. According to the Japanese, Sok An is unhappy
with Japanese unwillingness to side with the RGC against Michelle
Lee and the UN side of the OA, and is hoping that the French will be
more supportive. End Comment.

MUSSOMELI