VZCZCXRO0738
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0333/01 1420943
ZNY CCCCC ZZH
O 220943Z MAY 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0731
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHRL/AMEMBASSY BERLIN PRIORITY 0212
RUEHBS/AMEMBASSY BRUSSELS PRIORITY 0105
RUEHBY/AMEMBASSY CANBERRA PRIORITY 2385
RUEHLO/AMEMBASSY LONDON PRIORITY 0497
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0598
RUEHFR/AMEMBASSY PARIS PRIORITY 0701
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 0331
RUEHKO/AMEMBASSY TOKYO PRIORITY 3288
RUCNDT/USMISSION USUN NEW YORK PRIORITY 2386

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