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[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Notices]               
[Page 17197-17198]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap10-109]                         

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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
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