US embassy cable - 05DARESSALAAM540

C O N F I D E N T I A L SECTION 01 OF 02 DAR ES SALAAM 000540 
 
SIPDIS 
 
DEPT FOR AF/E, AF/C, AF/RSA, S/WCI, AND IO 
 
E.O. 12958:  DECL: 3/7/15 
TAGS: PHUM, PREL, TZ, RW, ICTR 
SUBJECT:  ICTR REGISTRAR BRIEFS DIPLOMATS 
 
Classified by Charge d'Affaires Michael S. Owen for reason 
1.4 (d). 
 
1.  (C)  Summary:  ICTR Registrar Adama Dieng on February 
25 briefed a small group of Dar es Salaam diplomats on 
current progress of the ICTR.  Dieng was upbeat on the 
probability of the court meeting its completion deadline of 
2008, though he said full funding was crucial.  By the end 
of 2005 all investigations would be complete, he said, and 
predicted that 2006 would begin to see some significant 
reductions in costs.  He outlined progress in containing 
defense counsel costs, noting that a lump sum payment 
system was now in place.  A fourth courtroom, funding by 
the UK and Norway, opened on March 1.  Cooperation with the 
Government of Rwanda remains problematic, and he said 
possible indictment of some RPF personnel is a "huge 
shadow" looming over the court.  Dieng raised an 
unanticipated problem of what to do with acquitted persons, 
saying "they have no place to go."  End summary. 
 
2.  (U)  ICTR registrar Dieng briefed a small group of Dar 
es Salaam Chiefs of Mission who met at the invitation of 
the UK High Commissioner.  Present were the Canadian High 
Commissioner, French Ambassador, German Ambassador, Dutch 
Ambassador, Norwegian Ambassador, and Charge.  This group 
had first met in December and agreed to form a "Friends of 
the ICTR" informal grouping to stay abreast of ICTR 
developments, and engage with the ICTR on issues of mutual 
interest.  The February 25 briefing was the first formal 
meeting of this group.  The Belgian Ambassador is also a 
member of the group, but was unable to attend the briefing. 
 
3.  (C)  Dieng was decidedly upbeat on the ICTR's progress, 
citing numerous examples of improved administrative 
procedures and cost savings.  Because of an improved 
financial position, the ICTR's recruitment freeze had been 
lifted January 7, and several key vacancies had now been 
filled, he said.  A move to less cumbersome biennial 
budgeting had helped to streamline budgeting procedures, he 
noted, and monitoring of costs had been significantly 
improved.  The court was now making more advantageous use 
of interns and legal researchers, and was also utilizing 
information technology more effectively.  Despite tough 
opposition from attorneys, a system of lump sum payments to 
defense counsels had now been implemented for all new 
cases, and this would reduce costs very substantially from 
the previous open-ended system.  Although the total number 
of cases is still increasing, Dieng said the cost per case 
should begin to drop significantly by the end of 2005 and 
into 2006. 
 
4.  (C)  Dieng reported that the Governments of Norway and 
the UK had each contributed USD 120,000 toward the 
construction of a fourth courtroom, which would be a 
tremendous help in speeding completion of cases.  He noted 
that opening this additional courtroom, along with the end 
of the hiring freeze, had been a major morale booster among 
ICTR professional staff.  This additional courtroom was 
subsequently inaugurated on the morning of March 1, and the 
opening proceedings of a new case were heard in the 
courtroom on that same afternoon. 
 
5.  (C)  Dieng voiced considerable optimism that the court 
would conclude its work within the timetable established by 
the completion strategy.  He said all investigations would 
be complete by the end of 2005, and that all indictments 
would also be filed by year's end.  Dieng said the 
prosecutor would increasingly focus attention on ensuring 
the trial readiness of the cases of the remaining 
indictees, and that apprehension of indictees still at 
large will also be a top priority.  Dieng said all cases 
should be completed on schedule by the end of 2008, 
although he hedged this prediction by saying that "new 
shortfalls in funding" could complicate the court's work. 
 
6.  (C)  Asked about ICTR cooperation with the Government 
of Rwanda, Dieng said there are still many problems, but 
there had been "improvements" recently, and that there is 
an "open and continuous dialogue."  He expressed 
appreciation for Belgian assistance in training Rwandan 
legal researchers in preparation for the eventual transfer 
of cases to Rwanda after 2008.  The ICTR is also looking 
for possible sources of funding for capacity building for 
the Rwandan legal system to ensure a smooth transfer of 
cases.  Dieng said the ICTR has negotiated and is ready to 
sign an agreement with the GOT on enforcement of sentences. 
 
7.  (C)  Dieng said the possible indictment of RPF officers 
is a "huge shadow" looming over the court, and said Kagame 
would not cooperate with the court in any way on this 
issue.  He asked rhetorically "How could the ICTR close its 
doors without indictment of at least some RPF officers?" 
This issue impacts the entire credibility of the ICTR, he 
said, but would it be possible to indict anyone without 
effectively reaching Kagame?  Dieng said there are several 
cases under investigation in which indictment of an RPF 
officer seems very possible, but what would happen if an 
indictment was filed?  The GOR would be very unlikely to 
cooperate, he said, and this could seriously impact other 
operations of the court and the eventual transfer of cases 
to Rwanda.  Dieng reiterated the complexity of this issue, 
and the importance of not damaging the credibility of the 
ICTR. 
 
8.  (C)  Dieng also raised the unanticipated problem of how 
to deal with accused persons who are acquitted by the 
court.  This issue is not mentioned in the statutes 
creating the ICTR, he said, suggesting that this was not 
envisioned as a possibility.  To date three such accused 
have been acquitted by the court; one has been granted 
asylum in France, but the other two are currently staying 
in safe houses in Arusha, at the expense of the ICTR. 
Terming this "an ethical issue," Dieng said that no states 
have volunteered to accept these two (with their families), 
and that sending them back to Rwanda would be "tantamount 
to a death sentence."  French Ambassador d'Achon said that 
France had accepted the one acquitted person "under duress" 
and that it was highly unlikely France would ever accept 
other acquitted persons.  Dieng said the ICTR had also 
approached the Government of Belgium about providing 
asylum, but had been turned down.  Dieng requested support 
in finding an equitable solution to this problem, as 
quickly as possible in light of the continued expense of 
housing the acquitted persons. 
 
9.  (C)  Comment:  Dieng's presentation was highly 
professional and well received by the Friends Group.  Our 
impression is that the ICTR's effectiveness is steadily 
improving, and the addition of the fourth courtroom will 
significantly boost the court's ability to reach its 
completion strategy goals.  The potential indictment of an 
RPF officer will be a huge issue, and with indictments 
scheduled to conclude by the end of 2005, is likely to 
arise soon.  End comment. 
 
OWEN