VZCZCXRO5096
OO RUEHBZ RUEHMA RUEHPA
DE RUCNDT #0044/01 0171503
ZNR UUUUU ZZH
O 171503Z JAN 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3554
INFO RUEHZK/ECOWAS COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0982
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 8975

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000044 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL UNSC KJUS KDEM PGOV SL XA
SUBJECT: UN/SIERRA LEONE SPECIAL COURT: FINANCIAL 
UNCERTAINTY AND ONGOING BICKERING AMONG COURT PRINCIPALS 
CONTINUE TO PLAGUE SPECIAL COURT 
 
 
¶1.  SUMMARY:  USUN and other members of the Sierra Leone 
Special Court Management Committee met January 15 to discuss 
ongoing challenges facing the Court, including uncertainties 
over the source of adequate voluntary contributions to 
sustain Court activity throughout 2008 and continued tensions 
between Court President King, on the one hand, and Court 
Registrar von Hebel and Court Deputy Registrar Mansarray on 
the other.  As of December 31, 2007, the Special Court had 
sufficient funds in the bank (i.e., $10.4 million) to sustain 
Court activity in Freetown and The Hague for an additional 
approximately three months, through mid-April.  Germany's 
pledge of 1.5 million Euros and an EC promise of 2-2.5 
million Euros if the Special Court should be faced with a 
financial crisis could, once funds were received, prolong the 
Court's life to June-July (Note: Ongoing Court expenses 
continue to average approximately $2.7 million per month. 
End note).  Management Committee members also discussed the 
continued discord between Court President King and the 
Registry, resolving for the moment to seek from the Court 
principals a clear plan as to how they intend to resolve 
outstanding differences and expedite completion of the 
Court's work.  In addition, Committee members received an 
update on the status of each trial and appeal now underway 
and reviewed plans for the Committee's upcoming February 
13-22 trip to Freetown and The Hague.  END SUMMARY. 
 
UNCERTAINTY OVER COURT 
FUNDING PERSISTS 
---------------------- 
 
¶2.  At the insistence of USUN, the Committee focused on the 
financial situation of the Special Court based on December 
31, 2007  figures provided by Anthony Triola, the Court's New 
York representative (copy e-mailed to IO, AF, S/WCI, L, 
Embassy Freetown on 1/14).  Triola reported that the Special 
Court had $10.4 million in the bank, including funds provided 
by the U.S. ($13 million), the Netherlands ($2.4 million), 
Norway ($720,000), Switzerland ($960,000), Chile ($10,000) 
and Luxembourg (20,000 Euros).  Additionally, Germany had 
pledged 1.5 million Euros, but it was unclear when such funds 
might arrive.  Separately, the European Commission has set 
aside 2 to 2.5 million Euros that it will provide to the 
Special Court if the Court is facing a financial crisis. 
(Note: It remains unclear how dire the Court's financial 
circumstances must be to prompt transfer of the EC funds. 
End note).  Triola estimated that the Court had on hand 
sufficient funds to continue its operations through 
mid-April. If both the contribution pledged by Germany and 
the emergency funding from the EC were provided, the Special 
Court could continue its work through late June-early July. 
At USUN's urging, Committee members agreed to meet again 
January 24 to resume consideration of the Court's finances 
and to discuss strategies for securing additional 
contributions. 
 
COURT PRESIDENT NOT 
SPEAKING WITH REGISTRAR, 
DEPUTY REGISTRAR 
----------------------- 
 
¶3.  Also at USUN's request, Committee members discussed the 
continued discord between Court President George Galaga King 
and key members of the Court Registry, in particular Court 
Registrar Hermann von Hebel and Court Deputy Registrar Binta 
Mansarray.  Court rep Triola indicated that the three Court 
principals currently were not speaking with one another, 
preferring instead to conduct Court business through e-mails 
and other written correspondence.  USUN said such a situation 
needed to be addressed and resolved immediately; otherwise, 
there was a clear risk that the Special Court would implode. 
The absence of an acceptable working relationship among the 
three Court principals was an issue that was not going away. 
USUN stressed that it was imperative that the Management 
Committee act promptly to identify a solution.  A follow-up 
conference call involving Committee members and the Court 
President, Registrar and Deputy Registrar might be the best 
solution. 
 
¶4.  UK representative Simon Thomas agreed that the Special 
Court could not be effectively managed as long as the Court 
President and Court Registry officials were not on speaking 
terms.  The Management Committee previously requested that 
the Court principals report to the Committee on their plans 
to resolve their differences and focus on the Court's work. 
It was time that such a plan be conveyed to the Committee. 
However, Thomas noted that it might take the visit of the 
Committee to Freetown in mid-February to force a resolution 
of  this ongoing conflict.  Management Committee Chair Hugh 
 
USUN NEW Y 00000044  002 OF 002 
 
 
Adsett (Canada) observed that the Committee could not make 
the three Court principals like one another, but the 
Committee could again make clear that it expected them to 
devise a workable solution so as not to detract further from 
the Court's ongoing work.  Adsett agreed that the Committee 
should again seek clarity from the three Court officials as 
to their plans to move forward. 
 
MANAGEMENT COMMITTEE 
TRIP TO FREETOWN AND 
THE HAGUE 
-------------------- 
 
¶5.  Committee members next focused on their upcoming February 
13-24 trip to Freetown and The Hague, deciding that it would 
be helpful to set aside one day in New York prior to the trip 
as was done before the Committee's trip to Freetown in March 
2007 to review issues to be discussed with Court officials. 
All agreed that such a discussion should occur after 
Committee members received the Court's updated Completion 
Strategy and Budget, which Registrar von Hebel had indicated 
would be available on/about January 31.  Adsett suggested 
that for the proposed day-long discussions in New York, the 
Committee focus principally on the budget, the revised 
completion strategy, and residual issues, since the Special 
Court's conference on Residual Issues is planned for February 
20-21 in Freetown. 
 
UPDATE ON STATUS 
OF TRIALS/APPEALS 
----------------- 
 
¶6.  Special Court representative Triola provided the 
following information concerning the status of trials and 
appeals: 
 
-- AFRC appeal:  judgment expected end of February 
-- CDF appeal:  judgment expected end of May 
-- RUF trial:  defense still calling witnesses (103 still 
left to testify) - presentation 
of evidence should conclude in mid to late June 
-- Taylor trial: no definitive estimate as to how long the 
trial will take. 
 
USUN requested that the Special Court provide Management 
Committee members with such updates, in writing, on the first 
and fifteenth of each month, in addition to similar updates 
on the financial situation of the Court. 
 
NEXT MEETINGS 
------------- 
 
¶7.  The Special Court Management Committee will reconvene 
January 24 to resume discussions on Court finances and 
fundraising strategies.  USUN has just learned that Court 
Prosecutor Stephen Rapp (American) will be in New York on 
January 22 and has requested a meeting with the Committee. 
 
KHALILZAD