UN/SIERRA LEONE SPECIAL COURT: PROSECUTOR RAPP

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000070 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL UNSC KJUS KDEM PGOV SL XA SUBJECT: UN/SIERRA LEONE SPECIAL COURT: PROSECUTOR RAPP BRIEFS MANAGEMENT COMMITTEE ON PROGRESS IN TAYLOR TRIAL, CONTINUED DELAYS IN RUF CASE REF: USUN 44 ¶1. (SBU) SUMMARY: Sierra Leone Special Court Chief Prosecutor Stephen Rapp (American),in New York for press briefings, meetings with UN officials, and non-Court business, met January 22 with members of the Special Court Management Committee, including USUN. Rapp reported that the prosecution was making steady progress in introducing its case against former Liberian President Charles Taylor, having elicited the testimony of seven witnesses to date in eleven days since the trial resumed on January 7. Rapp estimated that the Prosecution should complete its case against Taylor in approximately seven to eight months, followed by the defense, which should take four to six months. The RUF case, by contrast, continues on in Freetown, with the defense teams of the three accused still planning to call more than one hundred witnesses. While cautiously estimating that the trial phase of the RUF case may conclude by June/July, Rapp acknowledged that further delays appeared likely. Separately, Committee Chair Hugh Adsett (Canada) announced that the Government of Canada was poised to make a new contribution to the Court of five million Canadian dollars. END SUMMARY. STEADY PROGRESS NOW THAT TAYLOR TRIAL HAS RESUMED -------------- ¶2. (SBU) Sierra Leone Special Court Chief Prosecutor Stephen Rapp informed members of the Special Court Management Committee on January 22 that events were proceeding smoothly in the prosecution's presentation of its case in The Hague against former Liberian President Taylor. The prosecution has identified 77 crime-based witnesses to present testimony. Seven have appeared thus far in Court. After hearing testimony from an additional 7-8 more witnesses who were the victims of crimes allegedly committed as a result of Taylor directives, Rapp intends to seek concurrence of the defense to enter the written testimony of the remaining 65 or so crime-based witnesses into evidence without forcing these victims to appear in Court. Given the trauma being experienced by those already called to recount the crimes perpetrated against them, Rapp said he was confident the defense eventually would permit the written testimony from the remaining crime-based witnesses to be entered into the record. Rapp estimated that in the absence of unexpected developments, the prosecution should be able to conclude its presentation of the evidence against Taylor, including testimony from former Liberian Government and RUF/AFRC officials, within seven to eight months. Rapp further estimated that the defense would need approximately four to six months to present its case, suggesting that the trial phase could be completed in late 2008-early 2009. ¶3. (SBU) In response to a question posed by USUN, Rapp said the recent transition from Justice Sebutinde to Justice Doherty as presiding judge in the Taylor case had not seemed to affect the pace or tenor of the trial. Although Sebutinde had sought re-election as presiding judge, her lack of majority support among the remaining justices allowed Justice Doherty to take over, consistent with the established rules governing normal rotation of judges. Rapp noted that while each judge had her own distinctive style, both were very professional and able to maintain discipline in the courtroom. RUF CASE CONTINUES TO DRAG ON -------------- ¶4. (SBU) Rapp noted that the RUF case, which originally began on July 5, 2004, was not proceeding expeditiouly. The defense teams representing the three accused were still seeking testimony from new witnesses, with more than 100 individuals scheduled to testify. The most optimistic estimates were that the trial phase of the RUF case would conclude in June, followed by issuance of a judgment and then an appeal, but the apparent unwillingness of the judges to limit the number of defense witnesses, the judges' decision not to convene Court sessions on Wednesdays, and the judges' reluctance to set target dates for completion of testimony all meant that the RUF trial likely would continue for sometime. Rapp said the judges in the RUF case even were contemplating a recess in June in addition to the already scheduled August recess. USUN pointed out that Judge Antonio Cassese, who assessed the Special Court's productivity and USUN NEW Y 00000070 002 OF 002 operations in December 2006, had said that judicial independence and judicial efficiency were not mutually exclusive. The Special Court could ensure that justice was being served while simultaneously expediting the proceedings. USUN suggested that this was a matter that the Management Committee needed to address when Committee members visit Freetown in mid-February. ¶5. (SBU) Rapp said two issues which merited further consideration were arrangements that will be needed to permit the possible relocation of witnesses who are on the Sierra Leone travel ban list after they testify, and establishment of provisions to try former AFRC leader and Special Court indictee Johnny Paul Koromah, who was rumored to have been killed, but whose body has never been found. If Koromah's whereabouts remain unknown at the time the Special Court concludes its work, it may be necessary to transfer jurisdiction over his case to Government of Sierra Leone national authorities. This will be one of the lingering issues that will require increasing attention in the months ahead. ¶6. (SBU) Rapp is scheduled to travel to Washington January 23 for meetings with Department officials, and then to Chicago for a speaking engagement before returning to The Hague and Freetown. KHALILZAD