VZCZCXRO7329
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0564/01 2191116
ZNY CCCCC ZZH
O 071116Z AUG 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1031
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHRL/AMEMBASSY BERLIN PRIORITY 0223
RUEHBS/AMEMBASSY BRUSSELS PRIORITY 0118
RUEHBY/AMEMBASSY CANBERRA PRIORITY 2396
RUEHLO/AMEMBASSY LONDON PRIORITY 0508
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0604
RUEHFR/AMEMBASSY PARIS PRIORITY 0717
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 0337
RUEHKO/AMEMBASSY TOKYO PRIORITY 3300
RUCNDT/USMISSION USUN NEW YORK PRIORITY 2402

C O N F I D E N T I A L SECTION 01 OF 03 PHNOM PENH 000564 
 
SIPDIS 
 
STATE FOR EAP/MLS, D, P, DRL, IO, S/WCI 
 
E.O. 12958: DECL: 08/07/2019 
TAGS: PREL PGOV KJUS PHUM CB
SUBJECT: KHMER ROUGE TRIBUNAL: SOK AN SIGNS AGREEMENT ON 
ANTI-CORRUPTION MECHANISM 
 
REF: A. PHNOM PENH 343 
     ¶B. PHNOM PEN 333 
     ¶C. PHNOM PENH 316 
     ¶D. PHNOM PENH 264 
 
Classified By: AMBASSADOR CAROL A. RODLEY FOR REASONS 1.4 (B, D) 
 
¶1.  (C)  SUMMARY: Using modern-day electronic shuttle 
diplomacy along with the classic variety, Ambassador at Large 
for War Crimes Issues Clint Williamson persuaded Deputy Prime 
Minister Sok An to sign an agreement with the United Nations 
on an anti-corruption mechanism at the Extraordinary Chambers 
in the Courts of Cambodia (ECCC), as the Khmer Rouge Tribunal 
is called.  The matter will be concluded when Ambassador 
Williamson journeys on the last leg of his diplomatic mission 
and secures on August 11 the already promised signature of UN 
Office of Legal Affairs (UN/OLA) Assistant Secretary General 
Peter Taksoe-Jensen.  The agreement sets the stage for an 
Independent Counselor who will have the mandate to review 
allegations of salary kickbacks at the court (which plagued 
the early days of the court's administration but have not 
been reported in almost a year) or other corrupt acts.  As 
the first trial at the ECCC of a torture center head moves 
toward a conclusion this fall, the Khmer Rouge Tribunal (KRT) 
administration can now turn its attention to more substantive 
issues such as court efficiency, quickening the tempo of the 
second case against four KR leaders, public outreach, and 
victim participation.  As it does so, it is now likely that 
the Khmer Rouge Tribunal is Cambodia's first corruption-free 
court.  END SUMMARY. 
 
¶2.  (C) Ambassador Williamson, accompanied by Ambassador 
Rodley, called on DPM Sok An August 3 to break a deadlock in 
negotiations with UN/OLA's Taksoe-Jensen that seemed to be 
moving forward in late May when criteria and terms of 
reference were agreed upon, but stalled over arriving at a 
suitable candidate.  Negotiations between ECCC Deputy 
Director Knut Rosandhaug (UN) and ECCC Director Tony Kranh 
(Cambodia) could not reach agreement on Cambodia accepting a 
list of candidates for the position, with the RGC insisting 
that the Cambodian nominees were the only starting point. 
Knowing that at least two additional reputable Cambodians of 
stature were candidates who met the agreed criteria (Ref A), 
Taksoe-Jensen sought assurance that, first he could nominate 
names and, second, that he and Sok An would then together 
review those names before arriving at a candidate who "is 
acceptable to both the Royal Government of Cambodia (RGC) and 
the United Nations" and chosen in consultation with the group 
of friends of the ECCC. 
 
Meeting of the Minds 
-------------------- 
 
¶3.  (C) Ambassador Williamson congratulated Sok An on the 
many successes of the KRT, introduced the UN's proposed 
changes to the UN-RGC agreement, and urged Sok An to agree to 
the UN request to submit names which would be considered 
jointly.  Sok An readily agreed to suggested textual 
amendments, noting that since May he had been in general 
agreement with the idea of an Independent Counselor and now 
was concentrating on making the KRT even more of a success. 
 
Concerns About Asian "Self-Image"; Praise for Smooth Process 
--------------------------------------------- --------------- 
 
¶4.  (C) When asked to agree to a wider pool of names for the 
selection process Sok An noted that, in the end, those who 
were not selected would lose face if their names were 
released publicly.  "It is not good for the others to fail," 
he noted, even though it is not a criticism.  We can discuss 
the candidates "one by one" he noted, but the others would be 
frustrated because it would be a blow to their "amore propre" 
or their "self-image" if they were not picked.  Sok An agreed 
that he and Taksoe-Jensen could review a group of names one 
by one, but only the person selected should have the name 
revealed.  Ambassador Williamson noted that it was not the 
intention of the selection exercise to embarrass anyone and 
gave assurances that he would recommend to the UN the process 
remain a confidential one.  In that case, Sok An said that he 
did not see any further problems.  After agreeing to speak to 
 
PHNOM PENH 00000564  002 OF 003 
 
 
Taksoe-Jensen in a teleconference and delegating the 
remainder of the negotiation on the anti-corruption mechanism 
to ECCC Director Tony Kranh, Sok An purred at the end of the 
meeting that things were going along very smoothly and that 
people could see that the KRT was now functioning well in 
both its administrative and judicial functions. 
 
¶5.  (C) Later the same day, Ambassador Williamson briefed the 
core Friends of the ECCC on the progress made to date. 
France hosted the meeting attended by Friends co-chair Japan, 
as well as the UK, Australia, Germany and the EU.  Discussion 
of the candidates mooted to date ensued, including National 
Bank of Cambodia Deputy Governor Neav Chanthana, Supreme 
Court Justice Kim Sotahvy, and Auditor General of Cambodia 
Uth Chhorn.  Ambassador Rodley urged the Friends to endorse a 
joint statement of support for the new anti-corruption 
mechanism, once it was agreed upon, as well as the individual 
selected for the position.  Ambassador Williamson added that, 
having been consulted on the process and candidacies, the 
donors were in a position to comment on the anti-corruption 
mechanism and their support would help conclude the process 
as well. 
 
¶6.  (C) Japanese Ambassador Katsuhiro Shinohara said that 
after a concerted effort the problem of handling corruption 
allegations at the KRT had come to a very good conclusion. 
If the agreement were finalized and accepted by the UN he 
noted that Japan would be happy to support a joint statement. 
 Other donors nodded in agreement.  A later question by 
German Ambassador Frank Mann about inclusion in the agreement 
of protections for whistle-blowers was answered to his 
satisfaction.  UK Ambassador Andrew Mace queried about the 
practical side of budgetary support for the proposed 
Independent Counselor, which was proposed to be shared. 
Donors were in agreement that the "function" was not a 
position and should require no salary.  However, they 
acknowledged that the costs associated with following up on 
any allegations would be borne equally by the RGC and UN, as 
stated in the agreement.  France agreed to circulate a draft 
donors' statement, which the UK noted should include a 
reference to the donors being consulted.  (NOTE:  By August 
7, all donors had agreed on a final draft joint statement, 
which was to be shared in advance with the Cambodian side and 
the UN.  END NOTE.) 
 
Teleconference 
-------------- 
 
¶7.  (C) Late on August 4 in a teleconference with Peter 
Taksoe-Jensen to which the U.S. team was invited, Sok An 
repeated his concern about the "self image" of those not 
selected.  After an exchange which noted the candidates, Sok 
An and Taksoe-Jensen agreed that Auditor General Uth Chhorn 
would be named as the new Independent Counselor.  Sok AN 
stated that, after a final review of the UN-RGC "Agreement to 
Establish an Independent Counselor at the ECCC", he would 
sign the documents and then, having accepted Ambassador 
Williamson's offer to carry the documents to New York, he 
would look forward to Taksoe-Jensen's also signing the 
documents.  (Post will forward to the desk and S/WCI an 
electronic copy of the Agreement, an Annex naming Uth Chhorn, 
and a UN-RGC Joint Statement.)  Most of the conversation with 
Taksoe-Jensen focused on other personnel issues, including 
the appointment of a Special Advisor to UNSYG in UN/OLA who 
would handle international tribunal issues. 
 
Signature Secured, Public Announcement Planned 
--------------------------------------------- - 
 
¶8.  (C) After some last-minute technical changes to the 
documents, ECCC Director Tony Kranh passed the signed 
Agreement and Annex to Ambassador Williamson on August 7. 
They also reached agreement that once signed by Taksoe-Jensen 
on August 11, the UN would make an announcement at the UN at 
8 p.m. that day in New York.  Cambodian Council of Ministers 
Spokesman Phay Siphan would simultaneously issue the same 
joint statement at 7 a.m. on August 12, Phnom Penh time. 
Thereafter, Ambassador Williamson plans to meet with senior 
leaders in key NGO's that have been engaged on ECCC issues to 
brief them on the anti-corruption mechanism that has been 
 
PHNOM PENH 00000564  003 OF 003 
 
 
established. 
 
COMMENT 
------- 
 
¶9.  (C) Ambassador Williamson clearly faced some bumps in the 
road to reaching agreement on a credible anti-corruption 
mechanism for the KRT, but once Sok An had personally been 
reassured about the sincerity of the UN in this endeavor, his 
assent was certain.  The ease with which Sok An understood 
the remaining issues of the anti-corruption mechanism 
reinforces our perception that a new UN/OLA Special Advisor 
who can readily speak to Sok An about KRT issues is of 
paramount importance to the ongoing success of the court. 
Key to the success of this position will be winning the trust 
of the Cambodian side.  Our embassy driver confirmed to us 
that ECCC drivers told him August 5 that they had not been 
asked to resume kickbacks since earlier last year.  This is 
one good sign that the ECCC is now likely Cambodia's first 
corruption-free court.  The Independent Counselor is designed 
to keep it that way. 
 
¶10.  (U) Ambassador Williamson has cleared this cable. 
RODLEY