VZCZCXRO5050
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0343/01 1481529
ZNY CCCCC ZZH
O 281529Z MAY 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0745
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHRL/AMEMBASSY BERLIN PRIORITY 0214
RUEHBS/AMEMBASSY BRUSSELS PRIORITY 0107
RUEHBY/AMEMBASSY CANBERRA PRIORITY 2387
RUEHLO/AMEMBASSY LONDON PRIORITY 0499
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0600
RUEHFR/AMEMBASSY PARIS PRIORITY 0703
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 0333
RUEHKO/AMEMBASSY TOKYO PRIORITY 3290
RUCNDT/USMISSION USUN NEW YORK PRIORITY 2388

C O N F I D E N T I A L SECTION 01 OF 04 PHNOM PENH 000343 
 
SIPDIS 
 
STATE OR EAP/MLS, P, D, DRL, IO, S/WCI 
USUN FOR M. SIMONOFF 
 
E.O. 12958: DECL: 05/28/2019 
TAGS: PREL PGOV KJUS EAID PHUM CB
SUBJECT: KHMER ROUGE TRIBUNAL: SOK AN ENTHUSIASTIC ABOUT 
PROPOSED ANTI-CORRUPTION MECHANISM 
 
REF: A. PHNOM PENH 333 
     ¶B. PHNOM PENH 316 
     ¶C. PHNOM PENH 264 
 
Classified By: AMBASSADOR CAROL A. RODLEY FOR REASONS 1.4 (B,D) 
 
¶1.  (C) SUMMARY: In a palpably relaxed meeting May 22 with 
Ambassador at Large for War Crimes Issues Clint Williamson, 
Deputy Prime Minister Sok An reiterated his strong support 
for a proposed new anti-corruption mechanism at the Khmer 
Rouge Tribunal (Ref A).  Within minutes of reviewing desired 
qualifications for the job of a  proposed anti-corruption 
"Counselor," Sok An reeled off the names of three Cambodian 
candidates.  Referring to rules by which international judges 
are selected for participation in the Extraordinary Chambers 
in the Courts of Cambodia (ECCC), Sok An suggested that the 
selection of a mutually agreeable nominee could be based on 
Cambodia providing a list of candidates and the UN selecting 
one.  He was silent on the suggestion that the UN propose any 
candidates.  Ambassador Williamson reviewed the outlines of 
the proposal again, noted that he would consult with UN/OLA 
Assistant Secretary General Peter Taksoe-Jensen, and would 
convey any immediate responses through Ambassador Rodley. 
 
¶2.  (C) Ambassador Williamson expressed hope that 
Taksoe-Jensen could visit Phnom Penh in early June to reach 
agreement on the anti-corruption Counselor mechanism, if not 
on a name.  Ambassador Rodley emphasized the sense of Phnom 
Penh-based donors that independence would be a vital quality 
of the Counselor and that the selection would need to be 
based on multiple candidates.  Eager to settle the mechanism 
and process for selecting the Counselor, Sok An was also 
attentive to the details of the Counselor's anti-corruption 
role, acknowledging it was a function -- not a position -- 
that must be "neutral, independent, and impartial."  Sok An 
stated the Royal Government of Cambodia (RGC) had already 
given extensive reflection to this new anti-corruption 
mechanism.  At a dinner after the Sok An meeting, Ambassador 
Williamson briefed six Phnom Penh Chiefs of Mission on the 
outcome and outlined next steps.  All eight envoys at the 
dinner agreed that the list of Cambodian candidates who were 
independent and seen to have integrity was not long and that 
some among the donors might suggest candidates directly to 
Sok An.  END SUMMARY. 
 
Happy With the Proposal, Consulted with Donors Already 
--------------------------------------------- --------- 
 
¶3.  (C) Sok An energetically launched into his second meeting 
with Ambassador Williamson, saying that he was happy with the 
proposed anti-corruption Counselor outlined in their May 20 
exchange (Ref A).  He also outlined a "very good discussion" 
he had on the afternoon of May 21 with the seven Phnom Penh 
donors (Japan, France, the U.K., Australia, U.S., EU and 
Germany).  "I told the donors that we had a good meeting and 
that I essentially agree with the idea (of an independent 
Counselor)," he said.  Already, the RGC was continuing 
consultations on the Counselor, for which it had developed 
desired qualifications.  Explaining a list of criteria, Sok 
An said the candidate should have high integrity and a good 
reputation, be aware of Cambodia's reality, have relevant 
professional qualifications and experience, good 
communications style, be able to relate to all employees at 
the court, and be acceptable to both the RGC and the UN. 
 
¶4.  (C) Sok An said that he had requested the ECCC personnel 
chief to send to donor missions the c.v. of Council of 
Ministers Secretary of State Chan Tani.  However, Sok An was 
aware that there should not be a single candidate and 
proposed to speak to Taksoe-Jensen about the process but 
would provide a list of at least three candidates.  Sok An 
said that a second choice was Mr. Uth Chhorn, Auditor General 
of the National Audit Authority of Cambodia.  A third choice 
should be a woman; therefore he was proposing Helen Jarvis 
(NOTE: the former ECCC Public Affairs officer on the 
Cambodian side, newly assigned to head the ECCC Victims Unit. 
END NOTE.). "I did not tell her beforehand," he said calmly, 
as Helen Jarvis, sitting to Sok An's immediate right showed 
signs of shock at the announcement.  Noting that Chan Tani 
 
PHNOM PENH 00000343  002 OF 004 
 
 
had practiced law in the U.S. and that Helen Jarvis was a 
dual Cambodian-Australian citizen, Sok An stated that the 
list was multinational. 
 
Wait for Taksoe-Jensen to Weigh In 
---------------------------------- 
 
¶5.  (C) Noting appreciation for the extensive thought put 
into the new proposal in such a short time, Ambassador 
Williamson stated the qualifications mentioned were 
significant and that independence would be particularly 
important.  Ambassador Williamson said that his only 
immediate concern was that he had not yet spoken in detail 
with Taksoe-Jensen about the mechanism to select candidates, 
and that he did not want to go further in his discussions 
with Sok An and agree to something that he was not sure 
Taksoe-Jensen would support.  He indicated that it had been 
tough getting the UN to the point where they were prepared to 
agree to an independent Counselor and the fact that this 
individual should preferably be Cambodian.  He said that, 
having come this far, he did not want the process to break 
down by delivering Taksoe-Jensen a fait accompli with the 
manner of selection and identity of the Counselor 
pre-determined.  Thus, he wanted to talk to Taksoe-Jensen to 
review the concept and next steps well before discussion of 
individual candidates.  Ambassador Williamson would then 
relay to Ambassador Rodley any feedback. 
 
¶6.  (C) Sok An said that wanted also to address how the 
Counselor would be paid.  If paid by only one side, the 
Counselor could be viewed as "one-sided", he said. 
Ambassador Williamson suggested that one possibility might be 
to have each side contribute fifty percent of the salary -- 
an option to which Sok An seemed amenable.  Sok An added that 
the position would not require a big office and perhaps only 
a private secretary.  Anybody who wished to complain would 
then have two chances, he noted.  They could visit the office 
at the ECCC, or they could ask for a private meeting 
elsewhere.  If they chose to be anonymous, they could 
telephone the Counselor directly, he emphasized.  It could 
work very simply, he observed. 
 
An Independent Function 
----------------------- 
 
¶7.  (C) Ambassador Rodley related that she had communicated 
with most of the Phnom Penh chiefs of mission and that just 
about all donors noted there was one qualification important 
to them: independence.  We would need to add that 
qualification to the list, she said.  The Counselor would 
need to be, and to be seen to be, independent; to that end, 
she underscored that Sok An's verbal characterization was 
essential to the list of qualifications: "neutral, 
independent, and impartial."  (COMMENT:  This criterion 
effectively eliminates two of the three candidates, as both 
Chan Tani and Helen Jarvis report directly to Sok An.  END 
COMMENT.)  Ambassador Rodley added that the Phnom Penh donors 
underscored the need for a longer list or a more consultative 
process to review names.  (NOTE:  Sok An seemed to take the 
comment on board, noting that in the end only one name would 
be chosen as Counselor and the work of the ECCC would go 
forward.  END NOTE.) 
 
¶8.  (C) Adding to Ambassador Rodley's remarks, Ambassador 
Williamson said that as the anti-corruption mechanism is 
explained to the public, and particularly to NGO's, it would 
be important to defend the position and especially the person 
filling it.  Earlier proposals for the anti-corruption 
mechanism were seen as widely transparent, but now it would 
be different -- more discrete.  Thus it was very important 
that the person chosen have a solid reputation so as to 
instill confidence and trust in the process.  The profile of 
the Counselor's characteristics would help in that process, 
he noted.  Ambassador Rodley added that in the "small house" 
of the ECCC people should think of the Counselor not as a 
position but a function that needed to be fulfilled. 
 
A Review of the Proposal 
------------------------ 
 
PHNOM PENH 00000343  003 OF 004 
 
 
 
¶9.  (C) To ensure clarity about the proposed role, which he 
said he would not at this stage share with NGO's, Ambassador 
Williamson outlined the Counselor position: 
-- An independent Counselor, whose status in this role would 
be neither as a UN employee, nor as an employee of the 
Cambodian side of the ECCC; 
-- Mechanism of payment still needed to be worked out; 
-- The Counselor could receive complaints, on a confidential 
basis, from any party at the ECCC about misconduct -- from 
the UN or Cambodian sides; 
-- After receiving a complaint, the Counselor would first go 
to the person accused of wrongdoing, ascertain the facts, and 
counsel them, advising not to continue any wrong acts; 
-- If direct counseling was not effective, then the Counselor 
would consult with Sok An (for Cambodian employees) or Peter 
Taksoe-Jensen (for international side employees) and request 
intervention to stop the wrongdoing; 
-- Sok An and Peter Taksoe-Jensen would have to list the 
terms of reference of the Counselor in which there would be, 
among other things, constraints on interactions with the 
press, and no public statements about what the Counselor was 
doing. 
-- Only after the intervention did not succeed would some 
type of investigation proceed, and perhaps it would be 
conducted by the Joint Sessions. 
 
¶10.  (C) Sok An, noting the need for independence and 
neutrality, reviewed a search his office had done of 
Cambodian institutions, including the Constitutional Council 
and the National Audit Authority (NAA).  It turns out that 
the Constitutional Council members are prohibited from taking 
on other roles in government, he said.  But the Auditor 
General of the National Audit Authority can play the role of 
a Counselor at the ECCC, he noted.  Legally the NAA is an 
independent institution not bound by the National Assembly. 
Although they do not want to do the job, the NAA head told 
Sok An that he would agree to the work, "if you need us." 
 
Could Taksoe-Jensen Propose Names? 
---------------------------------- 
 
¶11.  (C) Ambassador Williamson reiterated that he would 
consult with Taksoe-Jensen about the proposed process and 
relay any message through Ambassador Rodley.  If 
Taksoe-Jensen had any other thoughts on the process, 
Ambassador Rodley would relay these to Sok An, he said. 
Ambassador Rodley added that Taksoe-Jensen might have 
questions.  For example, Taksoe-Jensen might have names of 
his own;  she inquired if Sok An would be open to hearing 
those names.  Sok An noted that judges at the ECCC were 
nominated by the UN Secretary General and that the RGC's 
Supreme Council of the Magistracy then formally appointed the 
judges to serve in the Cambodian national court system. 
(NOTE: Article 3 of the UN-RGC agreement. END NOTE.)  The 
Cambodian government would likely follow a similar process to 
prepare a list of Candidates for anti-corruption Counselor, 
he said.  Then Taksoe-Jensen could review the candidates and 
select a name from the list, he concluded.  Ambassador 
Williamson noted that there was a degree of reciprocity in 
that former process that would not be present here.  He said 
that he would nevertheless discuss the idea with 
Taksoe-Jensen.  Ambassador Williamson reiterated that 
Taksoe-Jensen will be cognizant of the Counselor's personal 
reputation in Cambodia and therefore might be compelled to 
participate in the process of selection.  While there was no 
telling what Taksoe-Jensen's reaction might be, Sok An should 
be prepared to discuss further this process, he said. 
 
¶12.  (C) In a closing pitch in which he said "everything is 
smooth," Sok An spoke at length about the sterling qualities 
of Auditor General Uth Chhorn, who had a high reputation at 
the National Audit Authority to protect and would therefore 
do nothing wrong.  "He would not undermine his high position 
by doing any bad things at the ECCC," he said.  He could also 
give good advice and find ways to advise and counsel 
individuals at the ECCC, Sok An concluded.  In a brief 
exchange on how to handle the press, Ambassador Williamson 
assured Sok An that the USG would maintain confidentiality on 
 
PHNOM PENH 00000343  004 OF 004 
 
 
this new proposal.  Sok An agreed, but added that he would 
refer to Ambassador Williamson's facilitation of the process 
by which the UN and the RGC could resume talks. 
 
Ambassadors: We Have the What, Now Who? 
--------------------------------------- 
 
¶13.  (C) That same evening, Ambassador Williamson briefed the 
other six donors at a dinner hosted by Ambassador Rodley. 
Discussion had moved beyond the now widely accepted 
anti-corruption Counselor role to the critical question of 
who could fulfill that function.  All agreed that Chan Tani 
and Helen Jarvis were not acceptable candidates.  The French 
Ambassador said that he had pressed Sok An to look at another 
female candidate -- Kim Sathavy -- who is currently a supreme 
court justice, has impressive credentials and is considered 
to be an "honest judge."  Sok An indicated he would try to do 
so, but the French Ambassador did not know if she would 
accept the offer, or if there were other difficulties with 
the possible appointment.  The Australian Ambassador 
mentioned Neav Chanthana, the Deputy Governor of the National 
Bank of Cambodia in charge of its financial investigations 
unit.  The Japanese Ambassador mentioned a retired official 
who had been educated in France.  But, by and large, the 
group of Ambassadors agreed that the exercise of choosing 
someone with a reputation for integrity who could live up to 
the terms of the Counselor job would not be easy.  A number 
of Ambassadors agreed that Sok An would need to be coached to 
include on the list candidates that the UN might propose as 
suitable. 
 
Comment 
------- 
 
¶14.  (C) The timing of Ambassador Williamson's visit was 
perfect, and we remain convinced that Sok An was ready, 
willing and able to move the process forward based upon the 
trusted network he has developed with the U.S. and other 
donors and a viable compromise proposal from the UN.  There 
is no doubt the Counselor position will face some opposition 
from some NGO's but the role has every prospect of serving 
well the preventative function it is meant to fulfill.  The 
biggest obstacle appears to be finding a candidate who is 
worthy of the role.  The Auditor General, who has served in 
that role since 2001, is reported to be tough on foreign 
company concessions working in Cambodia.  We are unfamiliar 
with the French favorite but do not take lightly the "honest 
judge" title she apparently has earned.  Post will share with 
the Desk other candidacies as they surface, and will continue 
to consult with other donor Ambassadors toward this end. 
But, for the moment at least, the "deadlock" over a credible 
anti-corruption mechanism that has largely eclipsed the good 
work on the judicial side of the ECCC is a deadlock no more. 
 
¶15.  (U) Ambassador Williamson has cleared this cable. 
RODLEY