LEBANON: UNIIIC CHIEF WARNS A/S HOOK OF POSSIBLE

S E C R E T SECTION 01 OF 03 BEIRUT 001554 SIPDIS DEPT FOR NEA/FO, NEA/ELA ALSO FOR IO A/S HOOK, PDAS WARLICK P FOR DRUSSELL AND RRANGASWAMY USUN FOR KHALILZAD/WOLFF/SCHEDLBAUER/GERMAIN NSC FOR ABRAMS/RAMCHAND/YERGER/MCDERMOTT E.O. 12958: DECL: 10/29/2018 TAGS: PREL PGOV PTER PINR KJUS UNSC SY LE SUBJECT: LEBANON: UNIIIC CHIEF WARNS A/S HOOK OF POSSIBLE TECHNICAL EXTENSION REF: A. BEIRUT 996 ¶B. BEIRUT 1451 Classified By: Ambassador Michele J. Sison for reasons 1.4 (b) and (d). SUMMARY -------------- ¶1. (S) On October 30, UNIIIC Commissioner Daniel Bellemare warned visiting IO A/S Brian Hook that, while he was fully prepared for the transition to the Special Tribunal and would not seek an extension, the Registrar in The Hague may need UNIIIC to request a "technical extension of a few months" because he is still resolving logistical issues to prepare for the transition. Separately, Bellemare argued that the Special Tribunal faces different challenges than other international tribunals, and that it required a robust and "flexible" operating budget to hire a strong prosecuting team. He plans to lobby for this during his trip to New York the week of November 3. ¶2. (S) Confident he is making progress, Bellemare nevertheless recounted his frustrations navigating UN regulations and trying to conduct an investigation riddled with leaks and prone to surveillance. He further found it challenging working with witnesses who are justifiably afraid to talk. The propensity of the press to print fictional reports and raise expectations is another obstacle to hiswork, and he said he planned to manage expectation better once he arrived at The Hague. Bellemareexpressed hope that the UN Security Council would confirm that the Special Tribunal's jurisdiction extends to the 20 other cases he is currently investigating. End summary. REGISTRAR MAY REQUEST TECHNICAL EXTENSION -------------- ¶3. (S) Visiting IO A/S Brian Hook and the Ambassador met with UNIIIC Commissioner Daniel Bellemare on October 30. IO Special Assistant Erin McLinn, PolOffs, and two UNIIIC officials also attended the meeting. Adamant that he was ready to transition to The Hague, Bellemare warned that logistics issues may delay the transfer, noting that taxation and insurance issues remained unresolved. Bellemare said that since UNIIIC currently enjoyed a high level of momentum, he was concerned that any logistical delay would affect the investigation's momentum. He informed A/S Hook that he would not ask for a mandate extension, but that he fervently hoped there would be no gap and he would have a seamless transition. ¶4. (S) According to Bellemare, the Registrar at The Hague will determine when the transition will occur, and this may prompt UNIIIC to request a "technical extension of a few months" in order to prepare logistically, without stalling the investigation. When A/S Hook inquired what the next U.S. administration needed to be aware of regarding UNIIIC projected timelines, Bellemare asked for clarification from the U.S. whether it would support a "technical extension" if deemed necessary. TRIBUNAL STAFFING SQUARED AWAY, FOCUSING ON BUDGET -------------- ¶5. (C) Arguing that his investigation and the subsequent Special Tribunal operate under very different conditions than the International Criminal Tribunal for the Former Yugoslavia (ICTY),Bellemare said his two main management-related objectives center on securing a robust staffing table and a sufficient and flexible operating budget, which he noted exceeded UN expectations that are based on the ICTY. He proudly declared that the UN Management Committee approved his staffing plan, but noted he was concerned about the budget. ¶6. (S) His next mission, which he said he would lobby for during his trip the following week to New York, was to push for an operating budget that was robust and "flexible enough" BEIRUT 00001554 002 OF 003 to allow him to hire "the best" consultants and experts, "at a moment's notice if need be." Repeating past claims that some "individuals" had already hired top-notch lawyers (a reference to potential defendants in the Tribunal, Ref A), Bellemare emphasized that he needed the best possible prosecuting team, and strong incentives to entice this team. ¶7. (S) Bellemare said he would meet Ambassador Khalilzad and other P5 members while in New York. A/S Hook informed Bellemare that he had just authorized the final U.S. disbursement of $9 million to the Special Tribunal, to which Bellemare expressed his appreciation. ¶8. (C) Bellemare alluded to the possibility of the Dutch reinstating direct flights from The Hague to Beirut on its KLM airline, which would alleviate his expenses. He relayed that the Dutch ambassador seemed receptive, and wondered if the U.S. could push this along. INTERNAL CHALLENGES: NAVIGATING THE UN -------------- ¶9. (C) Bellemare remarked that he changed UNIIIC's approach when he arrived last January to make it a police-oriented investigation. To this end, he relayed how he obtained waivers to overcome UN restrictions in hiring experienced police officers with extensive street experience. He revealed that UNIIIC is now at its peak staffing levels, explaining that the mandate's December 31, 2008 expiration does not mean the end of the investigation. ...BUT MAKING PROGRESS -------------- ¶10. (S) Bellemare relayed that his team has a winning attitude and is confident it can solve the Hariri case, declaring, "We will crack the case." He shared that he had issued over 800 Requests for Assistance (RFAs) to various countries since assuming office in January, which is "five or six times more than what had previously been issued." EXTERNAL CHALLENGES: INVESTIGATING IN LEBANON -------------- ¶11. (S) "Our traditional methods of investigation simply do not work here," Bellemare stated. He explained that every move he makes must be first cleared through the Lebanese Prosecutor General and operating outside of this chain is considered illegal. He said that UNIIIC holds regular operational meetings with the Internal Security Force (ISF), after which he submits RFAs to the Prosecutor General, who then conveys the requests to the appropriate Lebanese body. Maintaining confidentiality is impossible in Lebanon, Bellemare declared, saying that he cannot control how many people gather information about his investigation. He added that in the future, it would be beneficial to secure some kind of resolution stipulating how the investigation could run if it were determined that it cannot work with the existing government. ¶12. (S) Working with witnesses is another challenge, Bellemare said, because it is difficult to meet them, either because they are afraid to speak to UNIIIC or because some parts of Beirut are inaccessible to UNIIIC. He mentioned the use of multiple decoy convoys to protect his own movements, relaying that he is aware "they" watch his every movement and anticipate where he will go next. He said he conducts meetings in hotels or out of the country, and communicates through hand-delivered notes. These security measures are costly, he concluded, and account for part of why this investigation requires a heftier budget than the ICTY did. He said he hoped the witnesses would be more open once at The Hague. ¶13. (S) According to Bellemare, many individuals falsely proclaim to the press that they know who killed former PM Rafiq Hariri. UNIIIC investigates each claim, and has deemed a number of them unsubstantiated. He said UNIIIC polygraphs BEIRUT 00001554 003 OF 003 every witness, and has found this to be an effective screening method. PRESS REMAINS PROBLEMATIC -------------- ¶14. (C) Bellemare remarked that UNIIIC is increasingly visible in the press, which he considered problematic because it heightens the security threats against both his staff and witnesses while at the same time, unhelpfully raises expectations. While UNIIIC traditionally has refrained from responding to the "fantasy stories" in the press, Bellemare mentioned he had to intervene after an October 1 report falsely stated that Bellemare would name 120 suspects before the year's end (Ref B). Bellemare insisted that he would not name names at this point, acknowledging that people will be disappointed. "The Lebanese only care about the names! They are not interested in evidence or convictions," he lamented. NEED TO MANAGE EXPECTATIONS -------------- ¶15. (C) To manage expectations and unhelpful reporting, Bellemare said his spokesperson has established relations with the media outlets, and is sending the message that there will be indictments only if there is enough evidence, and that it does not make sense at this juncture to speculate on when the indictments will be issued. He added that he is working on an "independent, evidence-driven" timetable, and would not be subjected to any political timetables. Nevertheless, he asserted, "I am confident we will break the case, but it takes time." ¶16. (C) He noted that he would be much more vocal with managing expectations once he was at The Hague because then he will face judicial pressure as well. He explained that the judges will be sitting idle in The Hague waiting for him to issue indictments, and therefore he will need to introduce a reality check to these judges, in addition to the public. He said it could be year before he refers something to the judges, who will need to remain occupied in the meantime. He said he hoped to address this issue in his next report, which he anticipated would be his final report as the Commissioner. ISSUE OF JURISDICTION -------------- ¶17. (S) According to Bellemare, the Special Tribunal does not automatically acquire jurisdiction over the 20 other assassination cases that UNIIIC currently investigates. He clarified that if a connection is established between the Hariri case and another case, then the Special Tribunal can continue to gather evidence. He said the question remains as to whether he could continue to gather evidence on these other cases without a clear linkage established. The Security Council will determine this issue, he said, expressing his hope that the Security Council grant him, as Prosecutor, jurisdiction to continue investigating all of the cases. ¶18. (U) A/S Hook has cleared this cable. SISON