KHMER ROUGE TRIBUNAL: S/WCI AMBASSADOR WILLIAMSON

C O N F I D E N T I A L SECTION 01 OF 02 PHNOM PENH 000333

SIPDIS

STATE FOR EAP/MLS, D, P, DRL, IO, S/WCI

E.O. 12958: DECL: 05/22/2019
TAGS: PREL PGOV KJUS PHUM CB
SUBJECT: KHMER ROUGE TRIBUNAL: S/WCI AMBASSADOR WILLIAMSON
BEGINS TALKS ON ANTI-CORRUPTION MECHANISM

REF: A. SIMONOFF-WEST-WILLIAMSON EMAIL (5/19/09)

B. PHNOM PENH 316

C. PHNOM PENH 264

Classified By: AMBASSADOR CAROL A. RODLEY FOR REASONS 1.4 (B, D)


1. (C) SUMMARY: Deputy Prime Minister Sok An May 20 warmly
welcomed Ambassador at Large for War Crimes Issues Clint
Williamson's proposal to mediate differences between Sok An
and UN Office of Legal Affairs (UN/OLA) Assistant Secretary
General Peter Taksoe-Jensen over an anti-corruption mechanism
in the Khmer Rouge Tribunal (Ref C),noting that he fully
supported such a role and that he hoped Ambassador Williamson
could help Cambodia's work with the UN to achieve fruitful
cooperation. Overcoming an initial wariness about the new
proposal, Sok An embraced the concept of a radically
simplified and streamlined anti-corruption mechanism
described as being more preventative and deterrent than
investigative. Sok An was especially drawn by the concept
that a single "Counselor" position could be a Cambodian
national and acknowledged that such an individual would have
to be mutually acceptable to both parties. Donors in a
separate May 21 meeting with Sok An gave their full support
to the proposed new mechanism. As with any of the
anti-corruption mechanisms proposed so far, the devil will be
in the details; but the initial meetings with Sok An
indicate that a way has been found to advance a credible
anti-corruption mechanism at the court and to re-focus
efforts on support for the judicial proceedings. END SUMMARY.

Close the Gap on Anti-Corruption, Achieve More KRT Successes
-------------- --------------


2. (C) Flanked by eight high-level staff from the Council of
Ministers and the Extraordinary Chambers in the Courts of
Cambodia (ECCC),including Secretaries of State Chan Tany and
Heng Vong Bunchatt and ECCC Acting Director Tony Kranh, DPM
Sok An first reviewed the successes of the Khmer Rouge
Tribunal (KRT) to date, before noting that some observers
have ignored the progress made in order to deliberately
discredit the ECCC. In an introduction, Ambassador Rodley
emphasized that in order to have more public acknowledgment
of the KRT's successes, it was important that the UN and the
RGC accept the help of their mutual good friends in order to
close the very narrow gap between their positions and to get
to a solution on anti-corruption. After dealing with the
corruption allegations, the Ambassador continued, both
parties and the donors could pay more attention to the other
issues at the court in order and achieve sustained progress
on the judicial front and the administrative support required
for that success.

The Proposal
--------------


3. (C) Noting that it was preliminary and subject to direct
discussion between the UN and the RGC, Ambassador Williamson
outlined a proposal he said he had reviewed in broad outline
with UN ASYG Taksoe-Jensen: a single counselor to handle all
complaints of misconduct at the KRT. The counselor would
first approach the accused wrongdoer to determine the facts
and, when required, tell the individual to cease and desist.
Failing that measure, the counselor would then consult with
either the Cambodian or the UN side, whichever had
responsibility for the wrongdoer. Either Sok An or Peter
Taksoe-Jensen would be asked to intervene to halt the
inappropriate activity. The terms of reference for the
counselor would include quiet, discrete action so as not to
embarrass individuals or cause damage to the court's
reputation. The idea is to prevent wrongful actions, so that
no investigation would be necessary. The counselor would
keep all information confidential so that there would be no
spectacle that would detract from the work of the court.


4. (C) Sok An first assumed that the counselor position
would be filled by an international under the supervision of
the UN and went on at length about "going back to square
one," noting that the UN-RGC joint statement of February 23
had many elements missing in the new proposal. However, when
informed that the far simpler counselor position could be

PHNOM PENH 00000333 002 OF 002


filled by any individual mutually acceptable to both parties,
including a Cambodian, Sok An immediately warmed to the idea.
Sok An's most immediate concern was the appointment
mechanism for the new position. Ambassador Williamson
replied that the two sides would have to work out the fine
details, including the mode of appointment, but that it was
important that the individual had credibility in the eyes of
both. The reputation of the individual was very, very
important, Ambassador Williamson underscored. Sok An
acknowledged that the principle seemed to be good and added
that it would now be important to discuss the details of
implementation and move forward.


5. (C) Sok An said that he fully supported Ambassador
Williamson's role and that Sok An hoped he would play that
role to work with the UN. Looking forward to a second
meeting scheduled for late on May 22, So An said that the two
sides could then discuss important details so that later he
could have fruitful talks with ASYG Taksoe-Jensen. Later,
Sok An referred to the mediating role the U.S. had played in
earlier negotiations on the KRT, noting that a balance had
been achieved in the hybrid tribunal between the sovereignty
of Cambodia and the integrity of the UN. These were two
basic pillars of the court, he said. In closing, Sok An
recalled the positive role the U.S. had played in supporting
Cambodia for inscription of the Preah Vihear temple complex
as a UNESCO World Heritage site. "When we cooperate, we
succeed," he exclaimed.


6. (C) On May 21, the Ambassador hosted chiefs of mission
from six other ECCC donor nations to preview their joint call
on Sok An that afternoon. Based on consensus at that
meeting, the Ambassadors from France, Japan, U.S., U.K., and
Australia, joined by the E.U. Charge, met with Sok An to give
their support for the radically simpler an streamlined
anti-corruption mechanism. Although no names were mentioned,
the group of core donors raised the profile of the counselor
as an important consideration. Sok An told donors that he
understood and embraced the proposal Ambassador Williamson
had made and that he was interested in using the remainder of
Ambassador Williamson's time in country to discuss the
necessary details to make it work for the UN and the donor
community.

COMMENT
--------------


7. (C) At the end of the day, the May 20 discussion of the
new anti-corruption mechanism went very well. It is too
early to say if this mechanism will come to pass, but it
appears that the current roadblock in UN-RGC negotiations may
have lifted and that a new way may be found to establish an
anti-corruption mechanism to address any potential threats to
the administration of the KRT. As Ambassador Williamson
witnessed on May 21, the judicial side of the court continues
to progress in the ongoing trial of S-21 torture center head
Kaing Guek Eav, also known as Duch.


8. (U) Ambassador Williamson has cleared this cable.
RODLEY