UN/SIERRA LEONE SPECIAL COURT: MANAGEMENT

UNCLAS SECTION 01 OF 03 USUN NEW YORK 000049

SIPDIS

C O R R E C T E D C O P Y (ADDED SENSITIVE CAPTION AND PARA MARINGS)

SIPDIS

E.O. 12958: N/A
TAGS: PREL UNSC KJUS KDEM PGOV SL XA
SUBJECT: UN/SIERRA LEONE SPECIAL COURT: MANAGEMENT
COMMITTEE ENDORSES MOST CASSESE RECOMMENDATIONS, BUT VOICES
CONTINUED CONCERN OVER ONGOING COURT FINANCING

REF: A. USUN 21


B. 12/20/06 USUN-IO-S/WCI-L E-MAIL

C. 12/18/06 USUN-IO-S/WCI-L E-MAIL

D. 12/12/06 USUN-IO-S/WCI-L E-MAIL

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SENSITIVE BUT UNCLASSIFIED

1. (SBU) SUMMARY: USUN M/R joined other Sierra Leone
Special Court Management Committee members (UK, Canada,
Netherlands, Sierra Leone, Nigeria) for a day-long meeting
convened January 17 at the UK Mission to assess the more than
fifty recommendations to improve efficiency of the Special
Court outlined in a December 12, 2006 report prepared by
Independent Expert Justice Antonio Cassese (ref d).
Committee members expressed support for the majority of
Cassese recommendations, including steps to enhance judicial
leadership of the Special Court, maximize the efficiency of
Court proceedings, enhance good management, and prepare for
the trial of former Liberian President Charles Taylor in The
Hague. However, disagreement among Committee members emerged
concerning Cassese's call for a "final" three-year budget
(most supported; U.S. advocated submission of a "final"
three-year completion strategy accompanied by a detailed
budget for 2007 and budget estimates for 2008 and 2009 that
subsequently would be updated and reviewed by the Committee).
No formal decision was taken to endorse continuation of
Court Registrar Lovemore Munlo's contract, though most said
now was not the time for key personnel changes (a view
subsequently privately disputed by a Court representative who
warned USUN M/R that keeping Munlo would "spell disaster").
All members agreed that securing adequate voluntary funding
for the Special Court remained the single greatest challenge
to ensuring a successful conclusion of the Court's work.
Committee members will reconvene January 22 for discussions
with Chief Court Prosecutor Stephen Rapp and Court Deputy
Registrar Herman von Hebel, followed by a meeting January 31
with Court President, Justice George Galaga King. END
SUMMARY.

GENERAL SUPPORT FOR
CASSESE PROPOSALS
--------------

2.(SBU) The Special Court Management Committee devoted the
majority of its day-long meeting January 17 to discussing 58
separate recommendations outlined by Independent Expert
Justice Cassese (ref c). US DEL joined other Committee
members in commending Cassese for his useful proposals, the
majority of which met with Committee approval. However, one
key issue that prompted considerable discussion was Cassese's
recommendation that the Court submit and the Committee
approve a "final" three-year completion plan and budget.
While other Committee members voiced general support for this
approach, US DEL noted a distinction between receiving a
three-year, "final" completion strategy, which would be
welcomed, and having an accurate assessment of Court
financial needs for 2007, with budget estimates for 2008 and
2009 that subsequently would have to be updated and reviewed
by the Committee. US DEL said the objective remained to
encourage the Court to improve its efficiency and complete
its work within the estimated time periods set forth in the
completion strategy, or even sooner if possible.

3.(SBU) Committee Chair Canada advised Committee members that
Court officials were scheduled to submit a revised budget in
early to mid-March. Members then committed to review and
make a final decision concerning the budget within three
weeks of its receipt, hopefully before current Court spending
authority granted in December by the Committee runs out on
March 31. Committee members supported a U.S. suggestion that
clear benchmarks be established for the Court's completion of
its work that would be assessed by the Committee every six
months. Court officials would need to support such
benchmarks and then abide by them. To illustrate the type of
benchmarks envisioned, USUN M/R sketched out the following
timeline:
January-June 2007: Judgments to be rendered in CDF and AFRC
trials; Appeals phase in CDF and AFRC trials to commence;
Start of Taylor trial in The Hague (to be confirmed);

July-December 2007: Completion of RUF trial phase; completion
of appeals phase in CDF and AFRC trials;

January-June 2008: Judgment rendered in RUF case -
commencement of appeals phase; continuation of Taylor trial

July-December 2008: Appeals phase in RUF case completed
continuation of Taylor trial;

January-June 2009: Completion of trial phase in Taylor trial,

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followed by judgment and appeals phase carrying into the
latter half of 2009.

4.(SBU) Committee members agreed on additional measures as
recommended by Cassese to enhance Court efficiency, including:

-- Court President to take a more active role in overseeing
the Court's completion of its work, including by holding more
frequent meetings with the other judges and Court principals,
and representing the Court at more public events;

-- Court to adopt more proactive trial management techniques
and judges to ensure ongoing trials proceed expeditiously,
including by adhering to the Court's schedule;

-- Improved communication and coordination among the Court
President, the Chambers and the Court Registry;

-- Improvements in the operation and support for the Defence
Office; and,

-- Registrar to improve communication within the Registry,
share more information with other Court officials, and
provide better information on personnel matters, including
proposed downsizing.

CONTINUED CONCERN OVER
COURT FINANCING
--------------

5.(SBU) At the request of USUN M/R, Court representative Giorgia
Tortora provided Committee members with an update on the
Court's finances, indicating that monthly Court expenses in
Freetown were averaging $1.9 million, while preparations for
the Taylor trial in The Hague were costing approximately
$700,000 per month. Tortora said that taking into account
recent contributions, including 500,000 Euros from France and
smaller contributions from Estonia, Ireland, Saudi Arabia,
Spain and Slovenia, the Court now had sufficient funds to
continue operations through May 2007. USUN M/R noted that
while it was welcome news that the Court was not facing an
immediate funding shortfall, the respective budget cycles of
the principal Court donors (U.S., Netherlands, UK, Canada)
might prevent needed funds from arriving until much later in
the calendar year. This could lead to a budget crisis in
mid-year unless significant contributions were received soon
from other countries.

DECISION DELAYED ON
COURT REGISTRAR'S FUTURE
--------------


6. (SBU) Committee Chair Canada noted that among pending
decisions still before the Committee were whether to support
renewal of current Court Registrar Lovemore Munlo's contract
for an additional period. Sierra Leone DPR Kanu suggested
that with three trials still continuing in Freetown and the
Taylor trial about to start in The Hague, now was not the
time to make significant personnel changes. Since Court
President George Galaga King would be exercising greater
powers and responsibilities over the Court, Court Registrar
Munlo will be playing "more of a supporting role." In
addition, Kanu said Deputy Court Registrar Herman von Hebel
was a very competent administrator who could be counted upon
to keep things on track. The representatives from the UK,
Netherlands, Nigeria and Canada all lent support to Kanu's
comments, agreeing that Munlo should be given more time -
perhaps another "probationary period" - to continue his work
as Court Registrar. Members agreed to seek the views of
Court President King on this issue when King meets with the
Management Committee in New York on January 31. (NOTE: In a
subsequent private meeting with Court representative Tortora
- strictly protect, she indicated that significant management
problems were continuing under Munlo's leadership, and that
re-appointing him as Court Registrar would "spell disaster."
END NOTE)

NEXT STEPS
--------------

7.(U) Committee members are scheduled to reconvene several
times in the next few weeks for meetings with Court Chief
Prosecutor Stephen Rapp and Court Deputy Registrar Herman von
Hebel (January 22) and with Court President Justice King
(January 31). Members agreed top priorities remained
obtaining additional contributions to support the Court and
ensuring adequate preparations for the Taylor trial in The
Hague were finalized in sufficient time prior to the start of

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the proceedings.

WOLFF