UN/SIERRA LEONE SPECIAL COURT: FINANCIAL

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000044 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PREL UNSC KJUS KDEM PGOV SL XA SUBJECT: UN/SIERRA LEONE SPECIAL COURT: FINANCIAL UNCERTAINTY AND ONGOING BICKERING AMONG COURT PRINCIPALS CONTINUE TO PLAGUE SPECIAL COURT ¶1. SUMMARY: USUN and other members of the Sierra Leone Special Court Management Committee met January 15 to discuss ongoing challenges facing the Court, including uncertainties over the source of adequate voluntary contributions to sustain Court activity throughout 2008 and continued tensions between Court President King, on the one hand, and Court Registrar von Hebel and Court Deputy Registrar Mansarray on the other. As of December 31, 2007, the Special Court had sufficient funds in the bank (i.e., $10.4 million) to sustain Court activity in Freetown and The Hague for an additional approximately three months, through mid-April. Germany's pledge of 1.5 million Euros and an EC promise of 2-2.5 million Euros if the Special Court should be faced with a financial crisis could, once funds were received, prolong the Court's life to June-July (Note: Ongoing Court expenses continue to average approximately $2.7 million per month. End note). Management Committee members also discussed the continued discord between Court President King and the Registry, resolving for the moment to seek from the Court principals a clear plan as to how they intend to resolve outstanding differences and expedite completion of the Court's work. In addition, Committee members received an update on the status of each trial and appeal now underway and reviewed plans for the Committee's upcoming February 13-22 trip to Freetown and The Hague. END SUMMARY. UNCERTAINTY OVER COURT FUNDING PERSISTS -------------- ¶2. At the insistence of USUN, the Committee focused on the financial situation of the Special Court based on December 31, 2007 figures provided by Anthony Triola, the Court's New York representative (copy e-mailed to IO, AF, S/WCI, L, Embassy Freetown on 1/14). Triola reported that the Special Court had $10.4 million in the bank, including funds provided by the U.S. ($13 million),the Netherlands ($2.4 million), Norway ($720,000),Switzerland ($960,000),Chile ($10,000) and Luxembourg (20,000 Euros). Additionally, Germany had pledged 1.5 million Euros, but it was unclear when such funds might arrive. Separately, the European Commission has set aside 2 to 2.5 million Euros that it will provide to the Special Court if the Court is facing a financial crisis. (Note: It remains unclear how dire the Court's financial circumstances must be to prompt transfer of the EC funds. End note). Triola estimated that the Court had on hand sufficient funds to continue its operations through mid-April. If both the contribution pledged by Germany and the emergency funding from the EC were provided, the Special Court could continue its work through late June-early July. At USUN's urging, Committee members agreed to meet again January 24 to resume consideration of the Court's finances and to discuss strategies for securing additional contributions. COURT PRESIDENT NOT SPEAKING WITH REGISTRAR, DEPUTY REGISTRAR -------------- ¶3. Also at USUN's request, Committee members discussed the continued discord between Court President George Galaga King and key members of the Court Registry, in particular Court Registrar Hermann von Hebel and Court Deputy Registrar Binta Mansarray. Court rep Triola indicated that the three Court principals currently were not speaking with one another, preferring instead to conduct Court business through e-mails and other written correspondence. USUN said such a situation needed to be addressed and resolved immediately; otherwise, there was a clear risk that the Special Court would implode. The absence of an acceptable working relationship among the three Court principals was an issue that was not going away. USUN stressed that it was imperative that the Management Committee act promptly to identify a solution. A follow-up conference call involving Committee members and the Court President, Registrar and Deputy Registrar might be the best solution. ¶4. UK representative Simon Thomas agreed that the Special Court could not be effectively managed as long as the Court President and Court Registry officials were not on speaking terms. The Management Committee previously requested that the Court principals report to the Committee on their plans to resolve their differences and focus on the Court's work. It was time that such a plan be conveyed to the Committee. However, Thomas noted that it might take the visit of the Committee to Freetown in mid-February to force a resolution of this ongoing conflict. Management Committee Chair Hugh USUN NEW Y 00000044 002 OF 002 Adsett (Canada) observed that the Committee could not make the three Court principals like one another, but the Committee could again make clear that it expected them to devise a workable solution so as not to detract further from the Court's ongoing work. Adsett agreed that the Committee should again seek clarity from the three Court officials as to their plans to move forward. MANAGEMENT COMMITTEE TRIP TO FREETOWN AND THE HAGUE -------------- ¶5. Committee members next focused on their upcoming February 13-24 trip to Freetown and The Hague, deciding that it would be helpful to set aside one day in New York prior to the trip as was done before the Committee's trip to Freetown in March 2007 to review issues to be discussed with Court officials. All agreed that such a discussion should occur after Committee members received the Court's updated Completion Strategy and Budget, which Registrar von Hebel had indicated would be available on/about January 31. Adsett suggested that for the proposed day-long discussions in New York, the Committee focus principally on the budget, the revised completion strategy, and residual issues, since the Special Court's conference on Residual Issues is planned for February 20-21 in Freetown. UPDATE ON STATUS OF TRIALS/APPEALS -------------- ¶6. Special Court representative Triola provided the following information concerning the status of trials and appeals: -- AFRC appeal: judgment expected end of February -- CDF appeal: judgment expected end of May -- RUF trial: defense still calling witnesses (103 still left to testify) - presentation of evidence should conclude in mid to late June -- Taylor trial: no definitive estimate as to how long the trial will take. USUN requested that the Special Court provide Management Committee members with such updates, in writing, on the first and fifteenth of each month, in addition to similar updates on the financial situation of the Court. NEXT MEETINGS -------------- ¶7. The Special Court Management Committee will reconvene January 24 to resume discussions on Court finances and fundraising strategies. USUN has just learned that Court Prosecutor Stephen Rapp (American) will be in New York on January 22 and has requested a meeting with the Committee. KHALILZAD