ATTORNEY GENERAL STAKES HIS CLAIM ON SPECIAL COURT

C O N F I D E N T I A L SECTION 01 OF 02 FREETOWN 000445

NOFORN
SIPDIS

DEPARTMENT FOR AF/W (JHUNTER),S/WCI (TANDERSON),L-AN
(OHAHS)
USUN (MSIMONOFF)

E.O. 12958: DECL: 11/13/2019
TAGS: PREL PGOV KAWC KJUS SL
SUBJECT: ATTORNEY GENERAL STAKES HIS CLAIM ON SPECIAL COURT

Classified By: A/DCM Amy LeMar for reasons 1.4 (b/d)


1. (C) Summary: On November 12, A/DCM and the British High
Commissioner met with Attorney General Abdul Serry-Kamal to
discuss issues related to the Special Court. Namely, the
meeting was called to address an exchange of letters between
the Special Court Management Committee (MC) and the
Government of Sierra Leone (GoSL),which displayed
contrasting views on where the residual mechanism should be
located. The GoSL believes that the residual mechanism, which
will oversee a range of issues following the closure of the
Court, including the maintenance and security of the
archives, should be placed in Sierra Leone. The MC, however,
has determined that the GoSL does not have the capacity to
absorb it given its current infrastructural limitations.
Further, the Court's independence and decisions, even after
its mandate ends, could be subject to interference if the
residual mechanism becomes a branch of the Sierra Leone
judiciary. The GoSL's letter stated plainly that they expect
the residual mechanism and archives to stay in Sierra Leone,
with significant, long-term donor support. The joint US-UK
message relayed to the AG was that the "well is dry" in terms
of funding these initiatives in-country. The AG's dismissive
response indicated that he believes donors will provide the
funds if pushed. His further, vehement comments made clear
that he believes that the Court should never have existed,
that its mandate has ended, and that all assets, from the
site to the residual mechanism, are the property of Sierra
Leone. End Summary.

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"I KNEW YOU WERE COMING"
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2. (C) The AG greeted High Commissioner and A/DCM by saying
"I knew you were coming...I knew the diplomats would come
(about the letter)." The AG asserted that the MC has "no
authority" to make decisions about the residual mechanism and
archives, and that the tone of the Committee's letter was
dictatorial. The High Commissioner stated the UK's stance,
which is that a "mutually agreeable and affordable solution"
must be found. He also said that the money for the Court is
drying up, and that his government is only willing to provide
the absolute minimum to support its long-term, remaining
issues. A/DCM confirmed that the USG and other donors will
not fund the residual mechanism in-country, and that housing
it elsewhere could enable the international community to
focus their assistance on the GoSL's development priorities.
The AG made clear that he believes funding to support the
residual mechanism in Sierra Leone will come, and seemed
amused at any other assertions.


3. (C) The High Commissioner asked the AG how to move forward
from here, and he said that further negotiations between the
MC and the GoSL are needed. The Special Court, he said, is a
partnership, and the MC's letter showed that they are
ignoring the spirit of that partnership. Despite noting the
need for further discussion with them, he then dismissed the
MC outright, saying that "their mandate ends in Freetown now
that the trials have ended in Freetown." The AG also said
that the MC is "leaving only a skeleton for Sierra Leone" by
suggesting that the archives be housed outside the country,
and dismissively interrupted the A/DCM when she pointed to
the section of the MC's letter that favorably supported the
possible return of the archives in the future.

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THE AG'S BIAS
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4. (C) The AG made his personal opinions about the Court
clear: he believes that the GoSL should never have agreed to
the tribunal in the first place. He also disagreed with the
recent transfer of the prisoners to Rwanda, saying that they
should have remained in Sierra Leone, "but I guess the
President promised (they would be removed)." When the ongoing
work of the Court in The Hague was mentioned, the AG chuckled
and said that the trial's outcome has already been
determined, and that Taylor will definitely be convicted.

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THE UK PERSPECTIVE
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5. (C/NF) The High Commissioner had just come from a meeting
with the Chief Justice, and said that her feathers were
ruffled by the perceived tone of the MC's letter, but that

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she would likely acquiesce to their position once asked for
her opinion. He believes that she needs a forum in which to
be respectfully persuaded. The High Commissioner was
conciliatory in his meeting with the AG, and repeatedly
stated the need for a "mutually agreeable and affordable
solution." He appeared to be pandering to the AG's ego, and
gave the appearance that there is room on both sides for
further negotiation: this strategy could run the risk of
creating false expectations for the GoSL. After the meeting
ended, he and the A/DCM spoke briefly about moving forward,
and together concluded that an executive-level demarche will
be required, as well as a visit from members of the MC and
possibly UN/OLA. The High Commissioner is concerned that the
President will ultimately support the position taken by his
legal counsel, though he hopes that Koroma is a savvy enough
politician to listen to reason.

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COMMENT
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6. (C) The AG's general dislike for the Special Court is
well-known, as are his views that his friends, such as Issa
Sesay, should never have faced justice. While he played the
role of insulted government minister being patronized by the
international community, his current interest in the Court is
more likely based on self-interest: if donors support the
residual mechanism in Sierra Leone, he will be able to access
any attached funding and also possibly find legal loopholes
through which to interfere with Court decisions. While the AG
seems to enjoy muddying the waters wherever and whenever
possible, either to make mischief or discredit the President,
his stubborn stance on the residual mechanism and
determination to make any negotiations as challenging as
possible are firmly rooted in his position that the Court
should never have existed in the first place. Since it does,
though, he sees no reason not to attempt to profit from it.
End Comment.
CRISS