UN/SIERRA LEONE SPECIAL COURT: MANAGEMENT

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000021 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PREL UNSC KJUS KDEM PGOV SL XA SUBJECT: UN/SIERRA LEONE SPECIAL COURT: MANAGEMENT COMMITTEE FACES KEY DECISIONS AFFECTING COURT FUNDING AND COMPLETION OF ITS WORK REF: A. 12/20/06 USUN-IO-S/WCI-L E-MAIL ¶B. 12/18/06 USUN-IO-S/WCI-L E-MAIL ¶C. 12/12/06 USUN-IO-S/WCI-L E-MAIL ¶1. This is a guidance request - see para 7. ¶2. SUMMARY: In the coming weeks, the Sierra Leone Special Court Management Committee will convene a series of meetings, including a day-long discussion to be hosted by the UK Mission on January 17, to consider a series of issues that will impact the Court's ongoing work, including whether to approve a proposed Court budget of $33.3 million for 2007; whether to endorse a revised completion strategy dated December 14, 2006 submitted to the Committee by Court Registrar Lovemore Munlo; how best to ensure that adequate preparations are underway in The Hague for the trial of former Liberian President Charles Taylor; and, whether to support the recommendations contained in the December 12, 2006 report prepared by independent judicial expert Judge Antonio Cassese. The Management Committee also will have to decide whether to renew Court Registrar Munlo's contract, which expires in February. Identifying adequate sources of voluntary contributions to sustain the Court's work, and determining how best to maximize Court efficiency will remain the foremost challenges facing the Committee in the coming months. END SUMMARY. 2007 A CRITICAL YEAR FOR SPECIAL COURT -------------- ¶3. The Sierra Leone Special Court has entered a critical phase as preparations continue in The Hague for the commencement of the trial of former Liberian President Charles Taylor, currently scheduled to begin April 2; as two trials in Freetown (AFRC, CDF) move to the judgment phase, with appeals to follow; and, as the Defense Office prepares to present its arguments in the RUF case beginning May 2. How these events unfold likely will determine whether the Special Court is deemed a success or failure, a point underscored by independent judicial expert Judge Cassese during his December 12, 2006 telephone conference with Management Committee members (ref a). In particular, Cassese noted that the handling of the Taylor trial, given its anticipated high visibility and likely extensive press coverage, will inevitably impact public perceptions of the Court for years to come. MANAGEMENT COMMITTEE ASSESSMENT OF THE CASSESE RECOMMENDATIONS -------------- ¶4. Before addressing such pressing issues as the Court's proposed budget for 2007 and the latest version of the Court's Completion Strategy, the Management Committee first plans to review in depth the conclusions and recommendations contained in the December 12, 2006 report prepared by independent judicial expert Judge Antonio Cassese (ref c). The UK, a member of the Management Committee, will host an all-day Committee discussion at their Mission on January 17 to determine which key proposals Committee Members might wish to support. Based on that determination, the Committee then will consider whether to request a three-year budget and completion strategy from the Court, as Cassese advocated, thereby abandoning the year-to-year approach that has been used since the Court's start-up in 2002. ¶5. The UK Mission has prepared (and already privately shared with USUN - ref b) a chart of the principal recommendations contained in the Cassese report which will be used when Committee members meet January 17 for detailed consideration of the Cassese proposals. During his December 12 discussion with Committee members, Cassese identified three priority areas requiring immediate Committee attention: a) securing firm financial commitments from Member States to fund the Court's remaining work; b) promoting strong judicial leadership; and, c) maximizing the efficiency of the proceedings. The UK, the Netherlands and Canada all expressed support for Cassese's suggestion that the Committee consider and adopt a final three-year budget, based on a revised Completion Strategy that sets benchmark accomplishments for finalizing the Court's work. USUN M/R agreed on the need for expedited completion of the three cases now before the Court in Freetown and the timely commencement of the Taylor trial in The Hague, while indicating that the various recommendations contained in the Cassese report were being carefully reviewed in Washington. USUN NEW Y 00000021 002 OF 002 Committee representatives from Nigeria and Sierra Leone did not commit to the approach advocated by Cassese. UPCOMING VISIT OF COURT OFFICIALS TO NEW YORK, WASHINGTON -------------- ¶6. Special Court President Judge George Galaga King (Sierra Leone),recently appointed Court Chief Prosecutor Stephen Rapp (U.S.),and Court Deputy Registrar Hermann von Hebel (Netherlands) are scheduled to visit New York January 22 for a meeting with the Management Committee and with UN officials. They will then travel to Washington January 23 and 24 for meetings in the Department and on Capitol Hill. NEXT STEPS -------------- ¶7. GUIDANCE REQUEST: Having agreed December 19 to grant the Court commitment/spending authority only through March 31, 2007, Committee members will soon have to decide whether to request that the Court now submit a three-year budget and accompanying revised Completion Strategy identifying specific target dates by which key objectives are to be accomplished. Committee members also will have to decide whether to support extension of Court Registrar Munlo's contract, now set to expire in February. USUN welcomes Department views on these and related matters in anticipation of the Management Committee day-long meeting scheduled for January 17, and subsequent Committee discussions. WOLFF