ICTY PRESIDENT POCAR PREVIEWS JUNE 7 ADDRESS FOR

C O N F I D E N T I A L USUN NEW YORK 001148 SIPDIS SIPDIS E.O. 12958: DECL: 06/06/2011 TAGS: PGOV PREL UNSC NL BK SUBJECT: ICTY PRESIDENT POCAR PREVIEWS JUNE 7 ADDRESS FOR SECURITY COUNCIL REF: 6-2-06 SCHILDGE/LESNICK EMAIL Classified By: Ambassador Alex Wolff, Deputy Representative, for reason s 1.4(b) and (d). ¶1. (U) BEGIN SUMMARY. Appealing for continuing U.S. support, Judge Fausto Pocar, President of the International Criminal Tribunal for the former Yugoslavia (ICTY),previewed his June 7 address to the Security Council for Ambassador Wolff on June 5. Pocar said he would focus on the ICTY's work to fulfill the completion strategy and refer briefly to the outcome of the ICTY's investigation into the death of Slobodan Milosevic. Ambassador Wolff stressed full U.S. support for Pocar and the ICTY. END SUMMARY. ¶2. (C) Pocar said the ICTY's investigation into Milosevic's death confirmed the Dutch prosecutor's conclusion that Milosevic had died naturally of a heart attack, but doubted the ICTY's conclusions would satisfy the Milosevic family or "some Russians." Although the investigation found no signs that Milosevic had been poisoned, Pocar said the ICTY's investigation identified gaps in the tribunal's security system resulting from the tribunal's efforts to preserve Milosevic's ability to defend himself. Milosevic's visitors were not searched, and the need to protect confidentiality prevented ICTY officials from reviewing any documents Milosevic received. Pocar thought the Russian delegation might press him at the June 7 briefing, but planned to keep his remarks about Milosevic's death factual and brief. ¶3. (U) Pocar then discussed the ICTY's efforts to fulfill the completion strategy. After Milosevic's death, the ICTY rescheduled the new trials to begin in July, rather than net year. Two of the ICTY's ad litem judges have been appointed, and the third will be appointed in July. ¶4. (U) In another change, the trial chamber now can direct the prosecutor to reduce the length of an indictment and to select the counts on which to proceed to trial initially. That decision was "not taken lightly," but represents an "imperative" reform that will permit the shorter trials needed to accelerate the ICTY's work. Under the new rule, all counts of an indictment would not be eliminated; instead, each defendant could have several trials, beginning with a short initial trial on the major counts. The ICTY then could hold successive trials for each defendant or the Security Council could refer the subsequent trials to domestic courts. Starting with a short trial would allow the ICTY to reduce the time defendants are held in pretrial detention and thus safeguard defendants' human rights more effectively, Pocar said. ¶5. (C) Pocar cautioned that Prosecutor Carla del Ponte disagrees with the new rule and might challenge it before the Security Council. Del Ponte believes each trial should detail historical events and does not think trying defendants on some counts only would provide that narrative. If del Ponte does object to the Council, Pocar said he would stress that the rule does not affect the prosecutor's prerogatives. Ambassador Wolff expressed U.S. support generally for efforts to shorten and accelerate trials as a way to conclude the ICTY's mandate. ¶6. (U) Pocar then appealed for international support for the tribunal. If "all goes smoothly," he said, the ICTY might finish its trials by 2009 and its appeals by 2010, but that schedule could take longer if Karadzic and Mladic are arrested in 2009. Pocar stressed that the international community must apply pressure on Belgrade, but admitted that even if the Yugoslav government wanted to comply with the ICTY, it might have difficulty doing so. Pocar also emphasized the need for international assistance to enhance the ICTY's referrals to local courts. Judicial training is essential, and Bosnia needs support to build new facilities to detain suspects. The ICTY cannot refer new cases to Bosnian courts unless Bosnia has adequate prisons. BOLTON