VZCZCXRO9125
OO RUEHBZ RUEHMA RUEHPA
DE RUCNDT #0070/01 0231507
ZNR UUUUU ZZH
O 231507Z JAN 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3601
INFO RUEHZK/ECOWAS COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0986
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 8979

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000070 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL UNSC KJUS KDEM PGOV SL XA
SUBJECT: UN/SIERRA LEONE SPECIAL COURT: PROSECUTOR RAPP 
BRIEFS MANAGEMENT COMMITTEE ON PROGRESS IN TAYLOR TRIAL, 
CONTINUED DELAYS IN RUF CASE 
 
REF: USUN 44 
 
¶1.  (SBU) SUMMARY: Sierra Leone Special Court Chief 
Prosecutor Stephen Rapp (American), in New York for press 
briefings, meetings with UN officials, and non-Court 
business, met January 22 with members of the Special Court 
Management Committee, including USUN.  Rapp reported that the 
prosecution was making steady progress in introducing its 
case against former Liberian President Charles Taylor, having 
elicited the testimony of seven witnesses to date in eleven 
days since the trial resumed on January 7.  Rapp estimated 
that the Prosecution should complete its case against Taylor 
in approximately seven to eight months, followed by the 
defense, which should take four to six months.  The RUF case, 
by contrast, continues on in Freetown, with the defense teams 
of the three accused still planning to call more than one 
hundred witnesses.  While cautiously estimating that the 
trial phase of the RUF case may conclude by June/July, Rapp 
acknowledged that further delays appeared likely. 
Separately, Committee Chair Hugh Adsett (Canada) announced 
that the Government of Canada was poised to make a new 
contribution to the Court of five million Canadian dollars. 
END SUMMARY. 
 
STEADY PROGRESS NOW 
THAT TAYLOR TRIAL HAS 
RESUMED 
--------------------- 
 
¶2.  (SBU) Sierra Leone Special Court Chief Prosecutor Stephen 
Rapp informed members of the Special Court Management 
Committee on January 22 that events were proceeding smoothly 
in the prosecution's presentation of its case in The Hague 
against former Liberian President Taylor.   The prosecution 
has identified 77 crime-based witnesses to present testimony. 
 Seven have appeared thus far in Court.  After hearing 
testimony from an additional 7-8 more witnesses who were the 
victims of crimes allegedly committed as a result of Taylor 
directives, Rapp intends to seek concurrence of the defense 
to enter the written testimony of the remaining 65 or so 
crime-based witnesses into evidence without forcing these 
victims to appear in Court.  Given the trauma being 
experienced by those already called to recount the crimes 
perpetrated against them, Rapp said he was confident the 
defense eventually would permit the written testimony from 
the remaining crime-based witnesses to be entered into the 
record.  Rapp estimated that in the absence of unexpected 
developments, the prosecution should be able to conclude its 
presentation of the evidence against Taylor, including 
testimony from former Liberian Government and RUF/AFRC 
officials, within seven to eight months.  Rapp further 
estimated that the defense would need approximately four to 
six months to present its case, suggesting that the trial 
phase could be completed in late 2008-early 2009. 
 
¶3.  (SBU) In response to a question posed by USUN, Rapp said 
the recent transition from Justice Sebutinde to Justice 
Doherty as presiding judge in the Taylor case had not seemed 
to affect the pace or tenor of the trial.  Although Sebutinde 
had sought re-election as presiding judge, her lack of 
majority support among the remaining justices allowed Justice 
Doherty to take over, consistent with the established rules 
governing normal rotation of judges. Rapp noted that while 
each judge had her own distinctive style, both were very 
professional and able to maintain discipline in the 
courtroom. 
 
RUF CASE CONTINUES 
TO DRAG ON 
------------------ 
 
¶4.  (SBU) Rapp noted that the RUF case, which originally 
began on July 5, 2004, was not proceeding expeditiouly.  The 
defense teams representing the three accused were still 
seeking testimony from new witnesses, with more than 100 
individuals scheduled to testify.  The most optimistic 
estimates were that the trial phase of the RUF case would 
conclude in June, followed by issuance of a judgment and then 
an appeal, but the apparent unwillingness of the judges to 
limit the number of defense witnesses, the judges' decision 
not to convene Court sessions on Wednesdays, and the judges' 
reluctance to set target dates for completion of testimony 
all meant that the RUF trial likely would continue for 
sometime.  Rapp said the judges in the RUF case even were 
contemplating a recess in June in addition to the already 
scheduled August recess.  USUN pointed out that Judge Antonio 
Cassese, who assessed the Special Court's productivity and 
 
USUN NEW Y 00000070  002 OF 002 
 
 
operations in December 2006, had said that judicial 
independence and judicial efficiency were not mutually 
exclusive.  The Special Court could ensure that justice was 
being served while simultaneously expediting the proceedings. 
 USUN suggested that this was a matter that the Management 
Committee needed to address when Committee members visit 
Freetown in mid-February. 
 
¶5.  (SBU) Rapp said two issues which merited further 
consideration were arrangements that will be needed to permit 
the possible relocation of witnesses who are on the Sierra 
Leone travel ban list after they testify, and establishment 
of provisions to try former AFRC leader and Special Court 
indictee Johnny Paul Koromah, who was rumored to have been 
killed, but whose body has never been found.  If Koromah's 
whereabouts remain unknown at the time the Special Court 
concludes its work, it may be necessary to transfer 
jurisdiction over his case to Government of Sierra Leone 
national authorities.  This will be one of the lingering 
issues that will require increasing attention in the months 
ahead. 
 
¶6.  (SBU) Rapp is scheduled to travel to Washington January 
23 for meetings with Department officials, and then to 
Chicago for a speaking engagement before returning to The 
Hague and Freetown. 
 
KHALILZAD