[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Notices]
[Pages 17197-17198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7631]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 6941]
Certification Related to the Khmer Rouge Tribunal Under Section
7071(c) of the Department of State, Foreign Operations and Related
Programs Appropriations Act, 2010 (Division F, Pub. L. 111-117)
Pursuant to the authority vested in the Secretary of State,
including under Section 7071(c) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act (SOFAA), 2010, and
Delegation of Authority 245-1, I hereby certify that the United Nations
and Government of Cambodia are taking credible steps to address
allegations of corruption and mismanagement within the Khmer Rouge
Tribunal.
This Certification and related Memorandum of Justification shall be
provided to the appropriate committees of the Congress and published in
the Federal Register.
Dated: March 23, 2010.
Jacob J. Lew,
Deputy Secretary of State.
Memorandum of Justification Under Section 7071(c) of the Department of
State, Foreign Operations and Related Programs Appropriations Act, 2010
Section 7071(c) of the Department of State, Foreign Operations and
Related Program Appropriations Act, 2010 (Div. F Pub. L. 111-117)
provides that funds appropriated in the Act for a United States
contribution may only be made available if the Secretary of State
certifies to the Committees on Appropriations that the United Nations
and Government of Cambodia are taking credible steps to address
allegations of corruption and mismanagement within the Extraordinary
Chambers in the Courts of Cambodia (ECCC), also commonly known as the
``Khmer Rouge Tribunal'' (KRT). Deputy Secretary Lew has signed the
certification pursuant to State Department Delegation of Authority 245-
1.
Factors Justifying Determination and Certification
In late 2008 the former Director in the ECCC Office of
Administration, the person in charge when allegations of administrative
corruption at the court first surfaced, was put on indefinite medical
leave, effectively removing him from the court. His replacement, the
current Acting Director, is considered to have shown himself a
competent Administrator who has cooperated well with the donor
community, other court officials, and the United Nations Office of
Legal Affairs. The Deputy Administrator, selected by the UN and a
person with many years of administrative experience, has a constructive
working relationship with the Acting Director and plays an active and
positive role with the UN and the donor community. Since before the
departure of the ECCC Director of Administration, there have been no
reports alleging new instances of corruption at the Khmer Rouge
Tribunal. In the view of the State Department, other countries in the
donor community, prominent court officials, and non-governmental
organizations (NGOs), the court appears corruption-free at this time.
These administrative corruption allegations did not compromise the
fundamental integrity of the court. In November of 2009 the court
successfully concluded Case 001--the trial against the former chief of
the Tuol Sleng torture center, Kaing Guek Eav (``Duch''). His trial was
the first meaningful attempt to hold a Khmer Rouge official accountable
for war crimes committed under the Khmer Rouge regime. The United
States, foreign governments, and NGOs monitoring the court agree that
proceedings met international standards of justice.
Most recently, the investigative phase of Case 002, against four
surviving senior leaders of the Khmer Rouge regime, was closed. Motions
and appeals are now being heard in accordance with the rules of the
court, and an indictment is expected in the fall of 2010.
In August 2009 the United Nations Office of Legal Affairs and the
Government of Cambodia reached agreement to establish an Independent
Counsellor to serve as a deterrent against corruption and address
potential future incidents of corruption or other forms of misconduct
at the court. By mutual agreement Uth Chhorn, the Cambodian Auditor
General, was selected to serve this role. To date the Independent
Counsellor has established his own office, with a direct phone line and
e-mail for receiving complaints confidentially. Last November he
released a ``Meet the Independent Counsellor'' document to all court
staff explaining his role, how he can be
[[Page 17198]]
reached, and when he should be contacted. The circular outlined his
roles and responsibilities, which include provision of an annual report
to the UN Office of Legal Affairs and the Cambodian Government.
Recently these two parties have also finalized more detailed
operational guidelines, and the Independent Counsellor met with
administrators, court staff, and the diplomatic community to further
explain his role and highlight his commitment to protecting the
identities of complainants and ensuring that there would be no
reprisals against whistle-blowers. The United States, in coordination
with other donor nations, is conducting ongoing diplomatic efforts with
both the United Nations Office of Legal Affairs and Government of
Cambodia to assist in making the Independent Counsellor fully
operational.
The United Nations Office of Legal Affairs and Government of
Cambodia have also recently reached agreement on a new international
co-prosecutor--Andrew Cayley of the United Kingdom. He has been well
received by the donor community and NGOs, and has over a decade of
experience in international justice, having worked at the International
Criminal Tribunal for the former Yugoslavia, International Criminal
Court, and Special Court for Sierra Leone. The selection of Andrew
Cayley is another indicator of ongoing cooperation between the two
parties and their willingness to work constructively together to
advance the court.
As a result of its first contribution of $1.8 million in 2009, the
United States is playing a leadership role with respect to oversight of
the court by currently serving as the chair of the KRT Steering
Committee, a position which rotates on a quarterly basis. The United
States also plays a leading role in the donors group in Phnom Penh,
Cambodia. An additional contribution will indicate an ongoing
commitment to the work of the court, and improve our position in
discussions at the Steering Committee and with other current and
potential donors.
Last month, the KRT's budget was approved. The budget reflected
good management practices, including meaningful and realistic
projections of the timelines for completion of the court's caseload.
The State Department had an opportunity to review and approve the
budget during its consideration by the Steering Committee and was
satisfied that it was administratively and financially sound.
The KRT provides a monthly report to the UN Controller and the UN
Department of Economic and Social Affairs, which closely monitors the
activities of the court including its expenditures. In addition, all
hiring on the international side of the court is vetted by the UN
Department of Economic and Social Affairs. The UN Office of Legal
Affairs actively engages on judicial management issues, such as
shifting the pre-trial Chamber to sit on a full-time basis in order to
improve the efficiency of the court and to expedite its decision-
making.
Certification and United States Policy Objectives
Certification recognizes the efforts of the United Nations and the
Government of Cambodia to address allegations of corruption and
mismanagement within the tribunal. It is not an indication, however,
that no further work needs to be done. Both parties must continue to
exercise oversight of court operations, and the donor community and
NGOs must continue their vigilant engagement with the United Nations
and Cambodian government to ensure that the Khmer Rouge Tribunal
remains corruption-free and well-managed.
[FR Doc. 2010-7631 Filed 4-2-10; 8:45 am]
BILLING CODE 4710-30-P