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Cablegate: Cambodia's Eccc Making Good Progress

VZCZCXRO3999
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #1845/01 2831040
ZNR UUUUU ZZH
O 101040Z OCT 06
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7434
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHBY/AMEMBASSY CANBERRA PRIORITY 2236
RUEHFR/AMEMBASSY PARIS PRIORITY 0542
RUEHKO/AMEMBASSY TOKYO PRIORITY 3089
RUCNDT/USMISSION USUN NEW YORK PRIORITY 2177

UNCLAS SECTION 01 OF 03 PHNOM PENH 001845

SIPDIS

SENSITIVE
SIPDIS

STATE FOR EAP/MLS, S/WCI, AND INR/GGI

E.O. 12958: N/A
TAGS: PHUM KJUS PREL EAID CB
SUBJECT: CAMBODIA'S ECCC MAKING GOOD PROGRESS


1. (SBU) Summary. During an October 1-5 visit to
Cambodia, S/WCI and INR officials met with a wide range of
interlocutors concerning the work of the Extraordinary
Chambers in the Courts of Cambodia (ECCC). ECCC officials
from the office of Administration underscored budgetary gaps
and unfilled funding requirements. In meetings with the
international investigating judge and deputy prosecutor, both
stressed the excellent cooperation with Cambodian
counterparts and early progress by their offices. While
cognizant of Cambodia's history of political interference in
judicial affairs, NGO observers and legal professionals
familiar with the ECCC's work believe that the potential good
that can emerge from international involvement in the
Tribunal outweighs a position of non-support. The unified
message throughout each meeting was encouragement for USG
assistance to the Tribunal. The UN Human Rights Office
reported that a Special Representative of the Secretary
General will likely be named to monitor the implementation of
the UN-Cambodian Government agreement regarding the ECCC.
ECCC judges (Cambodian and international) will return for a
plenary session in November to agree on internal rules and
procedures. End Summary.

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ECCC: So Far So Good; But Budget Woes
--------------------------------------

2. (SBU) Sandra Hodgkinson, Deputy to S/WCI Ambassador
Clint Williamson and INR/GGI/WCAD Chief Donald Braum visited
Cambodia from October 1-5 to review the progress in
establishing the ECCC, meet with a variety of interlocutors
on potential USG assistance to the Court, and discuss
prospects for the ECCC to serve as an example in the area of
legal reform, judicial transparency, and respect for the rule
of law. At the ECCC, they met with Peter Foster, Reach
Sambath and Helen Jarvis of the Public Affairs Office,
international investigating judge Marcel Lemonde,
international deputy prosecutor Bill Smith, Craig Etcheson
and Steve Spargo of the prosecutor's office, Director of
Administration at the ECCC Sean Vissoth, and Linda Ryan from
the ECCC's budget office.

3. (SBU) From the offices of the international
investigating judge and prosecutor, the general sense was one
of satisfaction for the excellent cooperation from their
Cambodian counterparts. Craig Etcheson noted that despite
having heard complaints from critics of the ECCC before
joining the staff, his experience thus far has surpassed his
expectations. The Cambodian judicial side has a strong
desire to learn, and the overall quality of those Cambodian
officials working at the ECCC is good. Cambodian prosecutor
Chea Leang has participated actively with international
prosecutor Robert Petit in outreach programs and responded
positively to Petit's mentoring in public speaking. Marcel
Lemonde noted that while he and his counterpart did not share
a common language, Cambodian investigating judge You Ben
Leng has hired three well-qualified staff members who speak
English and French well.

4. (SBU) In terms of their ability to work, Bill Smith said
his office was already conducting interviews; Etcheson
remarked that his current investigations adhere to the draft
criminal code under RGC review. By October 20, the ECCC
plans to publish draft rules and procedures after which they
will give the NGOs 1-2 weeks to comment. In November, there
will be a second plenary session for all the ECCC judicial
personnel to vote and adopt internal rules and procedures.
Smith provided a formal request to the visitors for USG
documentation and image assistance to the court. (Note: A
copy of the request has been faxed to the Department. End
Note.)

5. (SBU) Lemonde agreed that having internal rules and
procedures was necessary before he could open investigations.
While acknowledging that the international system of justice
is more common-law based than the civil law system under
which Cambodian jurisprudence operates, Lemonde said that the
two can be harmonized. Asked about the transparency of the
investigation phase, Lemonde responded that he has met with
the media to explain the procedures to be employed. However,
because the nature of the crimes committed during the
1975-1979 period are publicly known, Lemonde believes he can
be a little more open about the investigative phase to build
the public's trust in the proceedings. Both the
investigative judge and the prosecution team agreed that the
supermajority formulation provided inherent safeguards so
that the Cambodian side cannot prevent

PHNOM PENH 00001845 002 OF 003


investigations/prosecutions from going forward if the
international side deems them worthy. The formula should
also ensure that at least one international judge is on board
for any acquittal.

6. (SBU) Helen Jarvis provided a tour of the courtroom and
outlined remodeling plans for the building site including the
addition of a small detention facility on the court's
grounds. She and fellow PA officer Peter Foster explained
that they conduct monthly meetings with the NGO community to
ensure there is no overlap or duplication of NGO support
programs for the ECCC, and that the information provided to
the public regarding the ECCC is accurate. They both
underscored the budgetary limitations of their work and the
need for continued donor support to the NGOs if public
outreach is to be effective. Director of the ECCC
administrative offices, Sean Vissoth, continued this same
theme, and encouraged the USG to contribute directly to the
ECCC as appropriate to USG interests. He noted that the
United States played a seminal role in the negotiation and
successful conclusion of the UN-RGC agreement to establish
the ECCC. Work is proceeding apace, continued Vissoth, with
the recent arrival of Principal Defender Rupert Skilbeck,
near completion of the draft rules and procedures, early work
by the prosecution team, training programs for ECCC staff,
and Japanese agreement to contribute prefabricated buildings
for the temporary detention facility.

7. (SBU) Linda Ryan explained that the original three-year
$56.3 million budget was a plan, but the ECCC has the
authority to shift funding based on changing priorities.
When asked if the court could complete its mandate within the
three-year time period, she said it was too soon to say.
From an exclusively budgetary angle, she said the small
staffing structure was a limitation, and the ECCC had
inadequate training and travel allotments as well. Some
shifting of funds will be needed in the short term to meet
existing work demands, she noted. Current funding shortfalls
on both the UN and RGC side amount to approximately $4.2
million and $5 million, respectively.

NGOs and Monitoring
-------------------

8. (SBU) The visiting USG team met with a roundtable of
civil society NGOs, and held separate meetings with the UN
Human Rights Office, the Open Society Justice Initiative, and
a former UNDP legal consultant to the ECCC, respectively.
NGOs expressed a high degree of commitment to playing an
active role in engaging the Cambodian public regarding the
ECCC and its impact on the legal system. As they outlined
their respective ECCC-related activities, it was clear that
the ECCC's monthly coordination meetings are paying off as
there was an effective distribution of labor with no overlap.
Many of the participants at the roundtable were skeptical of
how the trial phase would play out, but all agreed that the
international community as well as concerned Cambodians
should support the process to ensure its success. They
maintained there is a huge potential benefit to Cambodia's
broken legal system if the international legal personnel and
staff can mentor their Cambodian counterparts and the lessons
are imparted to the broader legal community and public. NGOs
outlined familiar points of concern: transparency and lack
of political will, inadequate plans for victim/witness
support and protection, the unresolved question of whether
former Khmer Rouge Minister of Foreign Affairs Ieng Sary will
be prosecuted, and lack of internal rules and a criminal
procedure code. There are also questions about the aftermath
of the trials -- will the RGC subsequently grant clemency to
those convicted? (Note: On the Ieng Sary issue, both the
investigating judge and co-prosecutor agreed that this issue
would undergo judicial examination by the court. End note.)

9. (SBU) The UN Office for Human Rights director Margo
Picken explained that her office is awaiting the designation
of a high profile legal professional from a civil law country
to be designated as the Secretary General's Special
Representative for monitoring the implementation of the
UN-RGC agreement that established the ECCC. She also
anticipates adding a staff member as a local monitor to the
court process. Picken agreed with the view that there may be
aspects of the ECCC that are flawed, but argued that donor
engagement remains the best option to see that the ECCC
accomplishes its objectives and meets the expectations of the
Cambodian people.


PHNOM PENH 00001845 003 OF 003


9. (SBU) Heather Ryan from OSJI noted that she was
encouraged by staffing selections -- particularly Craig
Etcheson in the prosecutor's office and Steve Heder in the
investigating judge's office. Both are experts on the Khmer
Rouge genocide, are familiar with DC-CAM's holdings (Craig
helped to establish DC-CAM), and are invaluable to getting
the early phase of the ECCC's work done more rapidly than
would ordinarily be the norm.

Donor Views
-----------

10. (SBU) At a Japanese Embassy-sponsored lunch that
included representatives from the Australian and French
missions, donors were unanimous in encouraging greater USG
funding to the ECCC's work, both for NGO support as well as
directly to the Tribunal. Japan emphasized many of the
funding issues outlined during the August Friends of the ECCC
meeting. Australia noted that the GOA had sponsored some NGO
public outreach funding and had been encouraged by the ECCC's
progress; France was also supportive of the ECCC's work and
encouraged the USG visitors to take a positive message back
to Washington. All noted that USG support to the Tribunal
would add to its international legitimacy.

Comment
-------

11. (SBU) Now that the investigating judges and
co-prosecutors as well as their staff have begun to work,
there is a greater basis for assessing the ECCC and its
capability of living up to the expectations of the Cambodian
public as well as the international community. During their
meetings with the USG visitors, interlocutors were realistic
regarding the challenge of moving forward quickly on a
limited budget and as-yet undetermined roster of defendants,
but optimistic that USG support and assistance funds would
not be wasted given the potential for the trials to have a
crucial impact on judicial reform in Cambodia. At this
stage, there is a palpable sense of excitement among those
working at the ECCC -- both on the international and
Cambodian side -- that they are contributing to something
historic in Cambodia, and a determination that the process
will succeed.

12. (U) Neither Hodgkinson nor Braum had the opportunity to
clear this message before departure.
CAMPBELL

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