SCSL MANAGEMENT COMMITTEE REVIEWS COURTS OPERATIONS

C O N F I D E N T I A L SECTION 01 OF 03 FREETOWN 000143

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/01/2017
TAGS: KDEM KJUS PGOV PREL UNSC SL
SUBJECT: SCSL MANAGEMENT COMMITTEE REVIEWS COURTS OPERATIONS

Classified By: Ambassador Thomas N. Hull for reasons 1.4 (b) and (d).

SUMMARY
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1. (C) The Special Court for Sierra Leone (SCSL) Management
Committee (MC) traveled to Freetown February 18-22 to meet
with SCSL staff to discuss the Court's Completion Strategy
and budget, ongoing concerns about identifying adequate
sources of voluntary contributions to sustain the Court, the
status of preparations for the Charles Taylor trial in The
Hague, personnel concerns, legacy issues, and best practices
to maximize Court efficiency. The Committee emphasized the
necessity of finalizing a three-year budget based on a
comprehensive Completion Strategy that sets benchmarks for
finishing the Court's work. The Committee also heard from
staff regarding morale issues, particularly related to the
leadership of the Registrar, and evaluated implementation of
recommendations from the Cassese report. Recurring themes
throughout the meetings included concerns about limited
resources and the consequent adverse effect on Court
operations, and the lack of communication amongst Court
officials. Court officials presented a budget of nearly $37
million for 2007, the largest to date, stating that
preparations for the Taylor trial in The Hague had increased
costs significantly. END SUMMARY.

MC RECEIVES UPDATE ON COURT OPERATIONS
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2. (C) SCSL Management Committee members traveled to
Freetown February 18 - 22 for meetings with Court officials
on the Court's operations, finalizing a Completion Strategy
and budget, reviewing morale issues related to the job
performance of Registrar Lovemore Munlo, legacy and personnel
issues, and preparations in The Hague for the June 4
commencement of the trial of former Liberian President
Charles Taylor. The Committee also met with GOSL officials to
discuss legacy issues and continuing GOSL support for the
Court. PolOff participated as the USG representative. Court
officials briefed the MC on the status of trials and ongoing
preparations for the Taylor trial in The Hague. GOSL
officials, including Vice President Berewa and Attorney
General F.M. Carew, pledged their continuing support for the
Court, but expressed reservations that the Government would
have the capacity to maintain the facility once the Court
completes its mandate. AG Carew acknowledged the utility of
the Court. He noted that many Sierra Leonean lawyers had
received training while working at the Court, and the Court
had helped restore peace and showed that impunity would not
be tolerated.

COMPLETION STRATEGY AND ACCOMPANYING BUDGET ARE A MUST
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3. (C) MC members stressed the importance of preparing a
comprehensive notional three-year budget to complement the
revised Completion Strategy to map out a clear timeline for
finishing the Court's work. They said it was vital that there
be clarity, and the Court should provide narration and graphs
showing reductions in staffing and costs as the Court moves
closer to completing its mandate. Court officials were
receptive and assured the MC it would receive a completed
budget document for CY 2007, 2008, and 2009 by the March 5
deadline. Court officials presented a budget of nearly $37
million for 2007, the largest to date and an increase of
nearly $10 million over the previous year's budget. Court
officials said this figure included all the recommendations
from the Cassese report with budget implications. It also
captured additional expenses incurred, fees and travel for
Judge Cassese and additional funding to cover the expanded
role and duties of SCSL President Gelaga King, who now
resides in Freetown. Court officials said they had not had
time to complete budgets for CY 2008 and 2009 and were unable
to give estimated figures for those years.

REGULAR FINANCIAL UPDATES NEEDED
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4. (C) The Management Committee noted it had difficulty
getting an adequate and accurate picture of the Court's
finances and requested the Registrar provide a detailed
financial chart and narrative the first week of each month
that explicitly describes the Court's spending and budget
projections. The Committee emphasized the need to show donors
that the Court is winding down its operations and reducing
costs and staffing. Registrar Munlo said financial reports
had been provided bi-weekly in the past but had been
discontinued.

OTP BRIEFING
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5. (C) During the meeting with the Office of the Prosecutor
(OTP),Prosecutor Stephen Rapp reported his office had
finalized the Charles Taylor prosecution team, but because
the Taylor case was essentially three cases in one, he would
need additional staff. He said pre-trial briefs and potential
witness summaries were due on April 4, and there could be
60-70 live witnesses. He said his office had filed a motion
to use video teleconferencing for some of the witnesses to
reduce costs, and there would be a ruling soon. He also said
his office would reduce staffing significantly in 2008 and
2009, but expressed concern his office would not be
sufficiently staffed to handle appeals if guilty verdicts
were returned in the CDF and AFRC trials. He also voiced
concern about budget implications for long-term protection of
witnesses and said one of the greatest challenges the Court
will face will be judicial management of time.

JUDGES VOICE CONCERNS
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6. (C) The Court's judges expressed grave concern about lack
of resources and staffing and accused the MC of holding up
justice by being unresponsive to requests for additional
resources. They complained they were at a disadvantage when
writing judgments due to inexperienced staff and limited
resources, and resented the fact they must continuously look
over their shoulders to see if there is enough money to do
their job. The Management Committee responded it had not been
made aware of many of the judges, concerns until last
September when it had approved additional resources for the
judges, and much of what the judges were saying was news to
them. They reminded the judges the Registrar bears the
responsibility for allocation of resources.


7. (C) The judges also accused the MC of only allocating
resources after Charles Taylor was apprehended, and as a
result, the other detainees had not received fair treatment.
They asked the MC to not interfere with the administration of
justice by withholding resources. The MC responded it had no
intention of interfering with the Court's work.


8. (C) The judges also felt the independent assessment
conducted by Judge Antonio Cassese was too far reaching and
had violated judicial independence. They were particularly
unhappy with Cassese's assessments of ongoing cases,
something they claimed was unprecedented and an obvious
violation of judicial jurisprudence. The MC explained other
tribunals had conducted independent evaluations, which had
produced helpful recommendations. The MC thought this would
be useful for the SCSL as well. The MC acknowledged that
fiscal constraints caused by voluntary contributions put
considerable strains on the Court, and after reviewing the
timeframes for writing judgments proposed in the Completion
Strategy submitted in August 2006, the MC realized that the
Court clearly needed more resources, which it had approved.


9. (C) In a separate meeting with the Chamber II judges who
will hear the Taylor case in The Hague, the judges raised
concerns about the timing of an appointment of an alternate
judge, the time that they will be allotted to move to The
Hague, and their remuneration package while posted in The
Hague. They argued that an alternate judge should be
appointed in time to participate in every aspect of the
trial, including all pre-trial activities. The MC assured
them it was moving forward in a timely fashion on the
appointment and would most likely make a selection by mid
March. The judges also voiced concern about their salaries
while they are posted in The Hague. They argued they will be
hearing a very important case, but will be the worst paid
judges in The Hague, and do not want to be humiliated. The MC
explained they will receive their base salary, but not the
Daily Living Allowance (DLA),which they receive in Freetown.
The MC said it had given careful consideration to this issue
and had actually discovered that by using the UN conversion
rate for Euros to dollars, the judges, pay would be more
than what they receive in Freetown. The MC promised to
revisit the issue if for any reason the judges ended up
receiving less pay.


10. (C) The judges also disagreed with President Gelaga
King's decision to finish the CDF and AFRC judgments in
Freetown before moving to The Hague. They argued that the
Taylor trial would be pushed back if the judgments took
longer to write than expected. They said they could both
deliberate and run a trial if they were in The Hague. They
also said they needed time to settle in The Hague, and a
mid-May departure date would be too late for them to become
acquainted with technical equipment and support staff, and
develop a relationship with the ICC.

OPERATIONS IN THE HAGUE

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11. (C) In the meeting with the Working Group on the Charles
Taylor trial, Deputy Registrar Herman von Hebel said Court
Management currently had one coordinator on-site overseeing
operations in The Hague. He said the Court had secured office
space and a location for witnesses and was focusing on the
Court's considerable Information Technology needs. According
to von Hebel, witness issues loom large, particularly
considering the numbers. Acquiring travel orders, passports,
and visas will require considerable resources. He said visas
would be handled through Accra, and the Court would identify
a process of how to deal with high-profile witnesses.
According to von Hebel, the Netherlands would assume
financial responsibility for security for the judges and
buildings in The Hague.


12. (C) The Personnel Office told the MC there would be 99
SCSL staff in the sub-office in The Hague, 17 of whom will be
security personnel under the ICC MOU. The MC voiced concern
about the staffing numbers, particularly since it seemed that
the numbers had increased from previous estimates.

PRINCIPAL DEFENDER REQUESTS MORE FUNDING
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13. (C) Principal Defender Vincent Nmehielle told the MC
that his office was still under-funded, and the office's
expertise was not being effectively utilized by Defense
counsel teams. He said it often appeared his office had been
reduced to the role of managing finances, such as vetting
bills submitted by defense counsels. During the meeting on
the completion budget, Court officials said they had
implemented Cassese's recommendation of full support to the
Defence and had increased the Defense's operational funding
for 2007 by $753,700, or 23 percent, as compared to the
previous year's budget.

REGISTRAR'S LEADERSHIP IS QUESTIONED
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14. (C) The MC heard repeated complaints about Registrar
Lovemore Munlo's leadership and was particularly appalled at
his handling of the announcement to staff of the death of Sam
Hinga Norman, one of the Court's more well-known detainees
indicted for war crimes. Hinga Norman had been flown to Dakar
for hip replacement surgery, and died on February 22 from
complications following the surgery. Munlo provided no
assurances to staff regarding their safety or guidance as to
how the Court would handle this unforeseen crisis.


15. (C) In the meetings that both Munlo and Deputy Registrar
von Hebel attended with the MC, the communication gap between
them was marked. The MC also was surprised by information
gleaned from their meetings that clearly showed the Registrar
was not passing along pertinent information to the MC on
pressing issues. Many staff told the MC there was little
communication from the Registrar on how the Court would begin
to reduce staffing levels, which heightened staff's
apprehension levels.

COMMENT
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15. (C) The MC's visit exposed a number of glaring problems
with Court operations, particularly in the offices of the
Registrar, Principal Defender and Security. In this critical
period, it is uncertain if Court officials will be able to
meet the MC's request and put together a clear and concise
notional three-year budget and accompanying Completion
Strategy by March 5. The Court has yet to show how it will
draw down operations, which will hinder securing additional
voluntary contributions to sustain operations. Leadership
issues continue to impair operations. The Registrar is
unwilling to accept any responsibility for criticisms leveled
at him in the Cassese report. It will be imperative for
President King to assert his leadership to begin to address
many of the issues confronting the Court. END COMMENT.
HULL