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