CONVICTS' PRISON LOCATION STILL A CONCERN FOR

C O N F I D E N T I A L FREETOWN 000192

SIPDIS

DEPARTMENT FOR AF/W (JHUNTER),S/WCI (BDOHERTY)
USUN NEW YORK (MSIMONOFF)

E.O. 12958: DECL: 05/22/2019
TAGS: PGOV PREL KAWC SL
SUBJECT: CONVICTS' PRISON LOCATION STILL A CONCERN FOR
SPECIAL COURT

Classified By: Ambassador June Carter Perry for reasons 1.4 (b/d)


1. (SBU) Ambassador met with Herman von Hebel, Registrar of
the Special Court, as well as Binta Mansaray, his Deputy, on
21 May to discuss his two main concerns regarding Court
operations and proceedings. Mr von Hebel, who is leaving his
post in Sierra Leone as of 22 May, also thanked the
Ambassador for her collegiality and USG support during his
tenure.


2. (C) Von Hebel is concerned that there is renewed
discussion amongst some of the justices that the convicted
should serve their sentences in Sierra Leone, rather than
uphold the original agreement to be incarcerated elsewhere.
Von Hebel stated that Abdul Serry-Kamal, Sierra Leone
Attorney-General (AG),supports this view (Note: The AG told
Poloff in an informal conversation on April 20 that he has a
"conflict of interest" with regards to the Court, because he
was "friends" with many of the accused and once represented
Issa Sesay. End Note). Justice Jon Kamanda, a Sierra Leone
judge in the Special Court's Appeal Chamber, is an ally of
the AG, and will likely serve as an advocate for his opinions
when he takes over the Presidency of the Court in November

2009. Von Hebel's staff is working to move the first 5
convicts (whose appeals have concluded) out of Sierra Leone
as quickly as possible, before this new wave of opposition
can gain ground. They are acquiring funding, passports, etc.
to expedite this process.


3. (C) According to von Hebel, President Koroma opposes
having the convicted war criminals serve their sentences in
Sierra Leone. Von Hebel agreed with the Ambassador and the
President that the Sierra Leone prison system is not a viable
option for those convicted by the Special Court. The
Ambassador made clear that the USG position is firm - as a
major donor country, the U.S. believes that the convicted
must serve their sentences outside of Sierra Leone. Sierra
Leone cannot currently credibly guarantee that the prisoners
will serve the sentences handed down in their system. Both
the offices of the SCCL and the USG agree that Rwanda could
be an acceptable location.


4. (C) The Ambassador further stated that this is a question
of stability and security for Sierra Leone. In order to
progress towards the consolidation of peace, these
individuals must be removed from Sierra Leone. Their
continued presence could spark unrest among the population,
and undermine the last six years of work provided by the
Court. As Ms. Mansaray noted, there are at least 150 Sierra
Leoneans working for the Court who would require
round-the-clock protection should these criminals be allowed
to stay in Sierra Leone. Witnesses, guards, and nurses have
all made it clear that they would most likely flee the
country in this circumstance. The Sierra Leone prisons are
notoriously porous, and the expense of maintaining the
Special Court detention facility is prohibitive for the GoSL.
In addition, it is possible that the GoSL could pardon the
convicts at some point during their sentence, which would
undermine both the rule of law and the security of the
country.


5. (C) An additional concern voiced by von Hebel is that some
of the Special Court judges seem unhurried to wrap up the
Taylor trial, despite the fact that major donor countries
have stated that court proceedings must conclude in 2010. The
Ambassador reiterated the USG position that the USG funding
of the Court is based on FY2010 completion.


6. (C) Comment: With trial work in Freetown concluded and the
activities of the Court winding down, it is imperative that
the USG and other donor countries consistently reiterate the
message that the 2010 end-date is an imperative, not a
target. Deliberately delaying the remaining work will
undermine the Court's reputation, as well as create further
budgetary shortfalls that are becoming increasingly
intolerable to a weary donor community and the citizens of
Sierra Leone, who seek greater development assistance.
Supporting Koroma, who seeks to maintain peace and stability
by removing the guilty, is also essential. It is significant
to note that this issue represents yet another disparity in
opinion between the President and his chief legal advisor,
the AG. Long a dangerous thorn in the President's side, the
AG's frequent insubordination has often appeared to go
unchecked. Continuing to push for a change in the sentencing
agreements to benefit his old allies, despite the risk to
Sierra Leone's stability, could ultimately be his downfall,
especially if his opinions become public. End Comment.
PERRY