VZCZCXRO1695
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0765/01 2890817
ZNY CCCCC ZZH
P 160817Z OCT 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 1268
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHRL/AMEMBASSY BERLIN PRIORITY 0229
RUEHBS/AMEMBASSY BRUSSELS PRIORITY 0124
RUEHBY/AMEMBASSY CANBERRA PRIORITY 2402
RUEHLO/AMEMBASSY LONDON PRIORITY 0515
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0610
RUEHFR/AMEMBASSY PARIS PRIORITY 0724
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 0343
RUCNDT/USMISSION USUN NEW YORK PRIORITY 2411

C O N F I D E N T I A L SECTION 01 OF 03 PHNOM PENH 000765 
 
SIPDIS 
 
STATE FOR EAP/MLS, DRL, IO, S/WCI 
USUN FOR M. SIMONOFF 
 
E.O. 12958: DECL: 10/13/2019 
TAGS: PREL PGOV KJUS PHUM CB
SUBJECT: FRIENDS OF THE ECCC DISCUSS STAFFING CHALLENGES, 
BUDGET, AND THE WAY FORWARD 
 
REF: A. PHNOM PENH 
     ¶B. PHNOM PENH 316 
 
Classified By: AMBASSADOR CAROL A. RODLEY FOR REASONS 1.4 (B, D) 
 
¶1. (C) SUMMARY: The "Friends of the Extraordinary Chambers in 
the Courts of Cambodia (ECCC)" met October 7 to discuss the 
judicial and administrative progress and challenges of the 
court.  The judicial proceedings were reported to be running 
smoothly, with the substantive portion of the first trial in 
Case 1 against Kaing Guek Eav (Duch) complete and 
preparations for closing statements well underway.  The 
success of recent Public Affairs outreach activities and 
strong public participation in the proceedings were 
highlighted, along with the appointment of an independent 
counselor.  The DCM pointed out that the appointment is only 
a first step, and inquired about staff awareness of the 
procedures for handling allegations of corruption in the 
court.  The Friends Group, which includes donors and the 
United Nations (UN) and Cambodian administrators, discussed 
the importance of Pre-Trial Chamber (PTC) permanence to 
handle the appeals that have already started in case 2. 
Suggesting that there will be "massive political 
consequences" if the PTC issue is not addressed expediently, 
the UN's Knut Rosandhaug expressed frustration at what has 
become a political rather than an administrative decision. 
Rosandhaug also presented a budget timeline which sets the 
conclusion of donor support for the Khmer Rouge Tribunal at 
¶2015. END SUMMARY. 
 
------------ 
Achievements 
------------ 
 
¶2. (C) Japanese Ambassador Masafumi Kuroki opened the 14th 
meeting of the Friends of the ECCC by noting several 
accomplishments of the court since the last meeting in May 
(Ref B), specifically the agreement between the Royal 
Government of Cambodia (RGC) and the UN to create an 
independent counselor position for corruption issues at the 
court (Ref A).  The DCM added that the appointment of Uth 
Chhorn as the independent counselor is only a first step in 
the resolution of the corruption issue, and noted that more 
needs to be done to describe and communicate the procedures 
and processes involved in handling allegations of corruption 
at the court.  The British and Spanish agreed with the DCM's 
suggestion that a fundamental framework of the position and 
related activities need to be presented to all employees as 
well as to donors. 
 
¶3. (C) Acting ECCC Director of Administration, Tony Kranh, 
admitted that it had been a challenging three years to get to 
the point where the court now stands, which is at the 
conclusion of the substantive portion of the first trial.  He 
underscored the importance of trial closing statements which 
are scheduled for November 23, estimated to take three days 
followed by a 2-3 month recess, with a verdict in February or 
March, 2010.  Deputy Director of Administration Knut 
Rosandhaug expressed frustration that donors continue to 
underestimate the positive and instead "harp on the budget." 
He categorized the public outreach campaign with over 27,000 
visitors at the court, full-time TV coverage, analytical 
programs and more as a "mammoth success which has legitimized 
debate on the Khmer Rouge." 
 
------------------- 
Personnel Concerns 
------------------- 
 
¶4. (C) Tony Kranh advocated for PTC permanence to handle the 
appeals which he indicated had already begun would for case 
¶2.  Kranh argued that the budget implications would be 
negligible, citing increased speed and efficiency which would 
result in an overall shortened lifetime of the court. 
Rosandhaug stressed the urgency of this issue given the 
reliance of the co-investigating judges and trial chamber on 
the PTC.  Currently, it takes the PTC approximately 6 months 
to produce a decision on a single appeal.  Rosandhaug stated 
that if this slow pace continues, the co-investigating judges 
will not be able to conclude investigations by September, 
 
PHNOM PENH 00000765  002 OF 003 
 
 
2010 which would mean the three suspects in pre-trial 
detention would have to be freed according to the law.  That, 
clearly, is the defense lawyers' strategy.  Predicting 
"massive political consequences" if the PTC was not made 
permanent now, Rosandhaug expressed his frustration that this 
has turned from an administrative decision to a political 
decision.  He has stressed the importance to the UN and has 
filed a three-page memo, yet there has been no response.  His 
understanding is that the UN headquarters asked for advice 
from the Steering Committee and is waiting on a response and 
guidance. 
 
¶5. (C) The donors suggested the UN announce the change to the 
Steering Committee, supported by the ample justification that 
has already been provided for that purpose, and preview the 
decision privately and quietly to the two sitting 
international PTC judges.  According to Rosandhaug, a Dutch 
judge had indicated she will not be available fulltime as she 
is not willing to leave her job in The Hague.  The second 
international judge (an Australian) may agree if the terms 
and conditions are to his liking.  Although the Australian 
Ambassador questioned the perceived lack of judges' salary 
equitability with their international brethren at other 
tribunals, all others ) including the Japanese ) appeared 
to be seized with the fact that any notion of efficiency and 
expediency would disappear by maintaining the current 
part-time system.  Indicating that the judges need to be 
sitting permanently by February, the donors suggested 
recruitment start now. 
 
¶6. (C) The French Ambassador expressed concern that the RGC 
had not selected an international co-prosecutor, and stated 
that it is important to public perceptions and the good 
reputation of the court to have the permanent international 
co-prosecutor provide closing statements in November rather 
than someone in a deputy or acting role.  Kranh indicated 
that this would not be possible, given the administrative 
details involved in posting someone to Cambodia from 
overseas, which he estimated would take 3-6 months. 
Rosandhaug added that the UN Secretary General had nominated 
a co-prosecutor and a reserve and submitted the letter to the 
Cambodian Permrep on August 8, however the letter was lost in 
transit between New York and Cambodia.  The RGC will not act 
on it until it receives an official, original letter and both 
the UN and Cambodian sides agreed to follow up on this 
embarrassing reality. 
 
¶7. (C) In response to the French Ambassador's query about 
where the RGC stands on the proposal to appoint a Special 
Adviser to all international criminal tribunals (including 
the ECCC), Kranh stated that there have been internal 
discussions but no official decision has been made on the RGC 
position.  He reminded the group that the Prime Minister had 
rejected the role of a Special Advisor in the past, but now 
that the concept of the position has changed to encompass all 
tribunals, it is being considered in a new light.  Both 
Administrators said they expect a decision by the end of 
October. 
 
------------- 
Civil Parties 
------------- 
 
¶8. (C) Both the Cambodian and UN administrators vehemently 
rejected recent criticism in the media of the court's 
treatment of civil parties.  Rosandhaug stated that the ECCC 
has granted the most rights to civil parties ever in history, 
which should be a "source of pride not criticism."  There 
were 94 civil parties in Case 1 which allowed for personal 
representations.  However, there are more than 3000 civil 
parties in case 2, which requires a change in organization in 
order to be effective.  Rosandhaug stated that the rights of 
the victims will not be diminished, but the way they exercise 
those rights will have to change.  The September Plenary 
Session of ECCC judges decided in principle to appoint lead 
co-lawyers supported by civil party lawyers, but the 
sub-committee, due to meet in December, will decide on these 
respective roles.  The budget for the civil party lawyers 
will be paid by the court. 
 
 
PHNOM PENH 00000765  003 OF 003 
 
 
------------------------- 
Budget Timeline Thru 2015 
------------------------- 
 
¶9. (C) Rosandhaug presented a budget timeline to the Friends 
which had the prior approval of all ECCC offices, notably the 
judicial offices.  The trial portion of Case 2 is expected to 
start in early 2011 and last for 1.5 years.  According to the 
timeline, the judicial investigation of Case 3 will start in 
2010, followed by the pre-trial appeal in 2012, the trial in 
mid-2012 thru mid-2014, and appeals lasting until 2015. 
 
¶10. (C) The international side of the court has enough money 
to continue the current level of operation until the end of 
2009, at which point it will have spent approximately $69 
million since the inception of the court.  The timeline 
showed funding requirements peaking in 2010 and 2011, 
followed by a significant and steady decrease in human and 
financial requirements through 2015.  Next year's peak 
includes an increase of $5-6 million from this year for 
defense, inflation and outreach.  Rosandhaug stated that the 
proposed budget for the international side of the court has 
been submitted to UN headquarters in New York and he 
estimated it will be presented to the Steering Committee 
followed by the group of interested states in November. 
(Note: Rosandhaug was not authorized to release the projected 
budget at the meeting, however, based on the aforementioned 
statement of a $5-6 million increase per year for the next 
two years, an estimated budget for 2010-2012 would be 
approximately $70 million. End note.)  A copy of the budget 
timeline has been faxed to EAP/MLS. 
 
¶11. (C) The UNDP representative then made an official 
announcement that UNDP has authorization to disperse the 
remaining funds in its possession to the court, but will 
conclude its fund management role as soon as the money is 
dispersed and accounted for.  It is estimated that the 
release of the funds will carry the national side of the 
court through the end of 2009.  Donor representatives 
privately commented afterward that a recent letter to the 
head of UNDP has remained unanswered, and that it was another 
"internal problem" the UN needed to fix quickly. 
 
¶12. (C) COMMENT: This substantive and fairly positive Friends 
meeting highlighted the significant achievements of the court 
while also raising some current challenges.  The DCM 
underscored the urgency and potential for legal and political 
consequences if the issue of PTC permanence is not addressed 
in New York -- a point that the majority of other donors 
echoed.  The concerns raised by the Australian Ambassador 
regarding equitable compensation were considered to be simply 
personal, and were highlighted by others as such.  (Note: In 
a separate dinner including donors and judges, trial chamber 
judge Dame Silvia Cartwright noted to the Australian 
Ambassador that the judges' compensation is adequate. End 
note.)  The participants left with an unstated understanding 
that a new Pre-Trial Chamber judge would need to be 
recruited.  However, according to Rosandhaug, nothing 
concerning the court is ever easy, and he does not expect a 
smooth implementation.  END COMMENT. 
 
RODLEY