SPECIAL COURT PRESIDENT MEETS WITH AMBASSADOR PERRY

C O N F I D E N T I A L FREETOWN 000052

SIPDIS

DEPT FOR AF/W (JHUNTER)

E.O. 12958: DECL: 02/12/2019
TAGS: PGOV PREL PHUM KAWC KJUS PINR USUN SL
SUBJECT: SPECIAL COURT PRESIDENT MEETS WITH AMBASSADOR PERRY

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


1. (U) Summary: On February 9th, the President of the
Special Court (SCSL),Justice Renate Winter of Austria, and
the Sierra Leonean Deputy Registrar, Binta Mansaray,
discussed with Ambassador Perry their recent visit with the
Management Committee and ongoing court related issues. End
Summary.


2. (SBU) President Winter stressed the importance of adding a
fifth judge to the Appeals Chamber. With two of the four
current judges in favor of stretching out the trial through
2012, a new judge is needed to break the impasse currently
holding up the proceedings. President Winter stated a strong
preference in the appointment of a non-African judge to the
final post, to avoid any future allegations that the
defendants have faced a regional bias. Ambassador Perry
responded that the U.S. is supportive of attorney Shireen
Fisher and is in agreement that a balanced bench would serve
the court well.


3. (SBU) President Winter noted the waning support of many
international donors and fears that financing legacy and
residual issues will be impossible if the work of the court
is not completed by 2010, and requested Ambassador Perry's
support in communicating this issue to the Government of
Sierra Leone (GoSL). The Ambassador concurred that the
involvement of key donors is essential. She cited the
positive contributions of France, Germany and the UK in 2008.
Although recognizing the global financial crisis, the U.S.
will look to its international partners to maintain some
level of support during the SCSL's final year.


4. (C) Deputy Registrar Mansaray explained concerns over
'legacy' issues the court will face, including disposition of
the archives and the ongoing discussion regarding the future
use of the Freetown Special Court facility. President Winter
favored using it as a West African magistrate training
center, ECOWAS court and/or museum, and is concerned over the
GoSL's interest in using the detention center on the same
compound as a maximum-security prison. A possible solution
for consideration during the upcoming management committee
meeting in Freetown may be the use of the facility for either
juvenile or female prisoners, given the absence of adequate
current facilities, the nature of the conflict and the impact
the war had on those communities in Sierra Leone. Other
options to consider include a half-way house for battered
women and children. For the archives, President Winter
recommended collocating the documents with the ICC in The
Hague, but noted funding was needed, as well as the
concurrence from the GoSL. President Winter reiterated her
request for the Ambassador's assistance in explaining these
issues to the Government of Sierra Leone. The Ambassador
agreed to do so as part of her on-going bilateral discussions
with the GoSL. The concept of providing appropriate
facilities for women and children seemed acceptable, although
(as some in the GoSL had requested) making the SCSL simply a
full detention center was not consistent with legacy
proposals as a whole. The site should be similar to the
Holocaust Museum to recognize the historical human rights
issues associated with the conflict in Sierra Leone.


5. (SBU) President Winter discussed the upcoming Management
Committee visit to Freetown as a chance to explain the
Court's financing and financial situation to her colleagues
in Sierra Leone. She stressed the need for every agency to
send the appropriate personnel in order to move the
discussion of legacy and residual issues forward. Support
and funding from the Ford Foundation and interested
universities could possibly bring academics and Court
officials together as early as March to promote ideas
advanced following the Management Committee meeting. The USG
would ensure a fruitful Management Committee delegation,
Ambassador Perry said in conclusion, and would continue to
press for timely completion of the court's mandate.
PERRY