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Cablegate: Action Request Regarding Ictr Chief of Appeals

VZCZCXYZ0001
PP RUEHWEB

DE RUEHDR #1062 2121450
ZNR UUUUU ZZH
P 311450Z JUL 07
FM AMEMBASSY DAR ES SALAAM
TO RUEHC/SECSTATE WASHDC PRIORITY 6529
INFO RUEHLGB/AMEMBASSY KIGALI PRIORITY 0995
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 1070
RUCNDT/USMISSION USUN NEW YORK PRIORITY

UNCLAS DAR ES SALAAM 001062

SIPDIS

SENSITIVE
SIPDIS

S/WCI FOR AMBASSADOR WILLIAMSON AND BRENDAN DOHERTY; AF/E
FOR BARBARA YODER AND RACHEL MEYERS

E.O. 12958: N/A
TAGS: PREL PHUM RW TZ
SUBJECT: ACTION REQUEST REGARDING ICTR CHIEF OF APPEALS

1. (SBU) This is an action request. See paragraph 7.
Barbara Mulvaney, Senior Trial Attorney at the International
Criminal Tribunal for Rwanda (ICTR) and US citizen, requests
USG support for her candidacy for the position of Chief of
Appeals at the ICTR.

2. (U) Mulvaney believes she is qualified for the position,
having served as a prosecutor for more than 25 years, worked
in all aspects of criminal law including appeals, and ran the
multi-defendant 'Bagasoro' case which involved 390 written
decisions.

3. (U) Mulvaney is included on the roster of qualified
candidates for Chief of Appeals which is presented to the
Registrar of the ICTR who selects the candidate for the
position. According to Mulvaney, the United Nations' gender
policy requires that a qualified woman candidate must be
selected over a qualified man. Mulvaney said she is the only
female candidate with UN experience.

4. (SBU) Despite her qualifications, her position on the
roster, and the UN gender policy, Mulvaney suspects she may
not be selected. Mulvaney told Poloff July 24 that another
candidate, Neville Weston from Australia, recently was
promoted over "a more competent woman" specifically so he
would be eligible for the Chief of Appeals position.
Mulvaney added that within the last few weeks, ICTR changed
its policy requiring an individual to serve in one position
for a certain period of time before being eligible for a
promotion, clearing the way for Weston to be promoted to
Chief of Appeal. These events lead Mulvaney to conclude
Weston is "the chosen one."

5. (SBU) Mulvaney noted two examples of hiring decisions at
the ICTR that did not follow established policy. The current
Chief of Appeals, James Stewart, was appointed without a
roster. Former Chief of Prosecution Stephen Rapp was
appointed despite Mulvaney and Silvana Arbia, two qualified
female candidates, appearing on the same roster. Mulvaney
added "I always think positions should be based on merit, but
in the UN system that is a rare event."

6. (SBU) Following Rapp's departure from ICTR in 2006,
Arbia was appointed Chief of Prosecutions on June 7, 2007.
Mulvaney agrees Arbia is qualified and considers her a
friend, but noted "lobbying by the Italians was over the top;
it was amazing to see the Italians at work." Accordingly,
Mulvaney believes USG support will be critical for her
candidacy for Chief of Appeals.

7. (U) While the Registrar does not have a required
deadline for naming the Chief of Appeals, Mulvaney believes
the position will be filled in the next few weeks. Stewart
has resigned the position effective July 31, 2007, and
Mulvaney believes the Registrar will not want the position
vacant for long. Accordingly, Post requests guidance
regarding Barbara Mulvaney's request for support of her
candidacy for Chief of Appeals of the ICTR.
RETZER

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