[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Notices]
[Pages 27109-27110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11093]


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DEPARTMENT OF STATE

[Public Notice 7871]


Certification Related to the Khmer Rouge Tribunal; Correction

AGENCY: Department of State.

ACTION: Notice; correction.

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SUMMARY: The Department of State published a document in the Federal 
Register of on August 16, 2011 concerning a Certification Related to 
the Khmer Rouge Tribunal. Inadvertently, the Memorandum of 
Justification was not included in the document for publication in the 
Federal Register and this notice corrects this error.

FOR FURTHER INFORMATION CONTACT: Ariel Wyckoff, (202) 647 9446.

Correction

    In the Federal Register of August 16, 2011, in FR Volume 76, page 
50808, the following Memorandum of Justification should have been 
printed as an attachment to the original notice, PN 7556:
MEMORANDUM OF JUSTIFICATION UNDER SECTION 7071 (c) OF THE DEPARTMENT OF 
STATE, FOREIGN OPERATIONS AND RELATED PROGRAMS APPROPRIATIONS ACT, 
2010, AS CARRIED FORWARD BY THE FULL-YEAR CONTINUING APPROPRIATIONS 
ACT, 2011
    Section 7071 (c) of the Department of State, Foreign Operations and 
Related Program Appropriations Act, 2010 (Div. F P.L. 111-117), as 
carried forward by Full-Year Continuing Appropriations Act, 2011 (Div. 
B, P.L. 112-10), provides that funds appropriated in the act for a 
United States contribution to a Khmer Rouge tribunal 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 Nides has signed the certification pursuant to 
State Department Delegation of Authority 245-1.
Factors Justifying Determination and Certification
    Allegations of corruption were abundant in the ECCC's early years 
until the Director of Administration was replaced in late 2008. His 
replacement, who remains the Director today has been extraordinarily 
competent and has cooperated well with the donor community, other court 
officials, and the United Nations Office of Legal Affairs.
    The allegations and change in administration did not compromise the 
fundamental integrity of the ECCC. In July 2010 the ECCC successfully 
concluded Case 001--the trial against the former chief of the Tuol 
Sleng torture center, Kaing Guek Eav (``Duch''). His trial and 
conviction were 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 
ECCC agree that the

[[Page 27110]]

proceedings met international standards of justice.
    The ECCC, in cooperation with the UN, has taken additional steps to 
protect the integrity of its proceedings against allegations of 
corruption. In August 2009 the United Nations Office of Legal Affairs 
and the Government of Cambodia reached agreement to establish an 
Independent Counselor to serve as a deterrent against corruption and 
address potential future incidents of corruption or other forms of 
misconduct at the court. Shortly after his appointment, the Counselor 
released a ``Meet the Independent Counselor'' document to all court 
staff explaining his role, how he can be 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. The guidelines established for the 
Independent Counselor confirm his obligations to protect the 
confidentiality of complainants, to ensure that there are no reprisals 
for whistle-blowing and to provide a report of his activities to both 
the UN and RGC. The United States, in coordination with other donor 
nations, has conducted diplomatic efforts with both the United Nations 
Office of Legal Affairs and Government of Cambodia to assist in making 
the Independent Counselor fully operational, which have been effective. 
Addressing the ECCC in October 2010, the Secretary General commended 
the work of the Independent Counselor and the effect it has had on the 
perception of the court--that the ECCC's administration will not 
tolerate any form of corruption.
    Because of all these steps taken to combat corruption and make the 
processes of the Court transparent, independent and efficient, it is 
the view of the State Department, other donor countries, prominent 
court officials, and non-governmental organizations (NGOs), that the 
ECCC appears to have resolved the corruption and mismanagement issues 
raised in 2008.
    The United States currently plays a leadership role with respect to 
oversight of the ECCC by serving as a member of the New York-based ECCC 
Steering Committee. The United States also plays a leading role in the 
donors group in Phnom Penh, Cambodia. An additional contribution of 
funds will indicate an ongoing commitment to the work of the ECCC, and 
improve our position in discussions at the Steering Committee and with 
other current and potential donors. The Steering Committee oversees the 
budget and the timelines established by the ECCC and is currently 
satisfied that the ECCC is administratively and financially sound.
    The ECCC 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. For example, 
the ECCC accepted the UN's recommendation that the Pre-Trial Chamber 
sit on a full-time basis in order to improve the ECCC's efficiency and 
to expedite its decision-making. In addition, last year's U.S. 
contribution provided partial funding for a high-level official to work 
specifically on ECCC management-related issues. This official has 
effectively personally intervened with high level Cambodian officials 
to address ECCC management issues.
    In late April the ECCC's Office of the Co-Investigating Judges 
(OCIJ) ended its investigation for Case 003 and forwarded the evidence 
to the Office of the Co-Prosecutors. The international co-prosecutor, 
Andrew Cayley, dissatisfied with the amount and depth of evidence, 
requested the OCIJ to conduct further investigations.
    The issue of whether Case 003 falls within the jurisdiction of the 
ECCC is one on which reasonable persons can disagree. There is a formal 
process under the governing documents of the ECCC for resolving this 
disagreement. We see no basis for any assertions of mismanagement and 
possible misconduct in the OCIJ's handling of Case 003.
    The Department looks forward to the final closing order and appeal 
so that this issue regarding further investigation into Case 003 can be 
resolved in with finality.
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 ECCC. It is not an indication, however, that 
no further work needs to be done. Both parties must continue to 
exercise oversight of the ECCC's operations, and the donor community 
and NGOs must continue their vigilant engagement with the United 
Nations and the Cambodian government to ensure that the ECCC remains 
corruption-free and well-managed.

    Dated: May 1, 2012.
Ariel Wyckoff,
Program Analyst, Bureau of East Asian and Pacific Affairs, U.S. 
Department of State.
[FR Doc. 2012-11093 Filed 5-7-12; 8:45 am]
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