Certification Related to the Khmer Rouge Tribunal, 51604-51606 [2012-20899]
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51604
Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices
required audited financial statements
following the Reverse Merger
transaction before it is eligible to list on
BATS. The Reverse Merger company
also must have filed all required
Commission reports since the
consummation of the Reverse Merger,
which should help assure that material
information about the issuer have been
filed with the Commission and that the
issuer has a demonstrated track record
of meeting its Commission filing and
disclosure obligations. In addition, the
requirement that the Reverse Merger
company has traded for at least one year
in the over-the-counter market or on
another exchange could make it more
likely that analysts have followed the
company for a sufficient period of time
to provide an additional check on the
validity of the financial and other
information made available to the
public.
The Commission also believes the
proposed requirement for a Reverse
Merger company to maintain the
specified minimum share price for a
sustained period, and for at least 30 of
the most recent 60 trading days, prior to
the date of the initial listing application
and the date of listing, is reasonably
designed to address concerns that the
potential for manipulation of the
security to meet the minimum price
requirements is more pronounced for
this type of issuer. By requiring that
minimum price to be maintained for a
meaningful period of time, the proposal
should make it more difficult for a
manipulative scheme to be successfully
used to meet the Exchange’s minimum
share price requirements.
In addition, the Commission believes
that the proposed exceptions to the
enhanced listing requirements for
Reverse Merger companies that (1)
complete a substantial firm commitment
underwritten public offering in
connection with its listing, or (2) have
filed at least four annual reports
containing all required audited financial
statements with the Commission
following the filing of all required
information about the Reverse Merger
transaction, and satisfying the one-year
trading requirement, reasonably
accommodate issuers that may present a
lower risk of fraud or other illegal
activity. The Commission believes it is
reasonable for the Exchange to conclude
that, although formed through a Reverse
Merger, an issuer that (1) undergoes the
due diligence and vetting required in
connection with a sizeable underwritten
public offering, or (2) has prepared and
filed with the Commission four years of
all required audited financial statements
following the Reverse Merger, presents
less risk and warrants the same
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treatment as issuers that were not
formed through a Reverse Merger.
Nevertheless, the Commission expects
the Exchange to monitor any issuers that
qualify for these exceptions and, if fraud
or other abuses are detected, to propose
appropriate changes to its listing
standards.
For the reasons discussed above, the
Commission believes that BATS’s
proposal will further the purposes of
Section 6(b)(5) of the Act by, among
other things, helping prevent fraud and
manipulation associated with Reverse
Merger companies, and protecting
investors and the public interest.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that the
proposed rule change (SR–BATS–2012–
023) is approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012–20818 Filed 8–23–12; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice 7990]
Certification Related to the Khmer
Rouge Tribunal
Pursuant to the authority vested in me
under Section 7044(c) of the Department
of State, Foreign Operations, and
Related Programs Appropriations Act,
2012 (Division I, Pub. L. 112–74)
(SFOAA) and Delegation of Authority
245–1, I hereby certify that 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 (also known as the ‘‘Khmer
Rouge Tribunal’’).
This Certification shall be published
in the Federal Register, and sent, along
with related Memorandum of
Justification, to the appropriate
committees of the Congress.
12 17
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Dated: August 13, 2012.
Thomas R. Nides,
Deputy Secretary for Management and
Resources.
Section 7044(c) of the Department of
State, Foreign Operations
Appropriations Act, 2012 (Div. I,
Pub. L. 112–74)
Funding for the Extraordinary
Chambers in the Courts of Cambodia
Sec. 7044(c) Cambodia.—Funds made
available in this 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 the Government of
Cambodia are taking credible steps to
address allegations of corruption and
mismanagement within the tribunal.
Memorandum of Justification for
Certification Related to the Khmer
Rouge Tribunal Under Section 7044(C)
Of the Department of State, Foreign
Operations and Related Programs
Appropriations Act, 2012
Section 7044(c) of the Department of
State, Foreign Operations and Related
Program Appropriations Act, 2012 (Div.
I Pub. L. 112–74), provides that funds
appropriated by that act for a United
States contribution to the Extraordinary
Chambers in the Courts of Cambodia
(ECCC, also known as the Khmer Rouge
Tribunal) may only be made available if
the Secretary of State certifies to the
Committees on Appropriations that the
United Nations (UN) and Royal
Government of Cambodia (RGC) are
taking credible steps to address
allegations of corruption and
mismanagement within the ECCC.
Deputy Secretary Nides has signed the
certification pursuant to State
Department Delegation of Authority
245–1.
Background
The ECCC, which began operations in
2006, was established as a national
court with UN assistance to bring to
justice senior leaders and those most
responsible for the deaths of as many as
two million Cambodians under the
Khmer Rouge regime, which was in
power from April 17, 1975 until January
6, 1979. In 2010, the ECCC completed
its first case (Case 001), convicting
Kaing Guek Eav (aka ‘‘Duch’’), former
chief of the Tuol Sleng torture center, of
crimes against humanity and war
crimes, and sentenced him to 35 years
in prison. Duch’s trial was the first
attempt in three decades to hold a
Khmer Rouge official accountable for
that era’s atrocities and was a milestone
in the history of Cambodian justice. In
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February, 2012 the ECCC’s Supreme
Chamber upheld that conviction, and
extended Duch’s sentence to life in
prison. The United States, other foreign
governments, and non-governmental
organizations (NGOs) monitoring the
ECCC agree that proceedings throughout
met international standards of justice. In
September, 2010, the four surviving
senior leaders of the Khmer Rouge,
including Nuon Chea (‘‘Brother Number
2’’), were indicted on a variety of
charges (‘‘Case 002’’), including crimes
against humanity, grave breaches of the
Geneva Convention, and genocide. The
trial commenced in November 2011. In
response to pre-trial motions, Ms. Ieng
Thirith, the Khmer Rouge’s Minister of
Social Affairs, was found mentally
incompetent to stand trial. She has not
been released from custody, as
treatment is underway to see if her
condition can be sufficiently improved
to allow her to stand trial. Investigations
by the ECCC’s Office of the CoInvestigating Judges commenced in
September, 2009 against three suspects
(‘‘Case 003’’) and no final decision has
been made regarding the legal question
of whether the suspects and their
alleged crimes fall within the
jurisdiction of the ECCC. Two
additional suspects (‘‘Case 004’’) are
also being investigated.
Factors Justifying Certification
From the time the ECCC commenced
operations in 2006, there have been
allegations of corruption on the
administrative side of the court,
primarily in the form of salary kickback
schemes affecting Cambodian staff
members. These allegations received
widespread attention from U.S. and
international media, and concerns about
corruption led many to question the
ECCC’s ability to deliver justice. In late
2008, at the request of the United States
and other donors, the RGC removed the
Cambodian head of administration, the
person most associated with the
corruption scheme. His replacement,
Tony Kranh, who remains the Acting
Director today, has been competent and
has cooperated well with the donor
community, the ECCC officials, and the
UN Office of Legal Affairs.
The ECCC, in cooperation with the
UN, has taken additional steps to
protect the integrity of its proceedings
against corruption. In August 2009 the
UN and RGC reached an agreement to
establish an Independent Counselor,
which is semi-autonomous from the
Tribunal’s administration, the UN, the
RGC and donor states, to hear and
address corruption allegations at ECCC.
The guidelines established confirm the
Independent Counselor’s obligations to
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protect the confidentiality of
complainants, ensure that there are no
reprisals for whistle-blowing, and
provide a report of his activities to both
the UN and RGC. Addressing the ECCC
in October 2010, the Secretary General
commended the work of the
Independent Counselor and the effect
that office has on the public perception
of the ECCC—that the Tribunal’s
administration will not tolerate any
form of corruption.
These steps have led to increased
confidence in the ECCC. The Human
Rights Center of the University of
California Berkeley conducted a survey
in December 2010 across 125
Cambodian communes nationwide. The
Center’s final report, released on June 9,
2011, reveals that an increasing number
of Cambodians have confidence in the
court. A recent poll by the International
Republican Institute found that 77
percent of Cambodians were aware of
the proceedings at the ECCC.
Donor States, NGOs, and other
monitors of the ECCC have expressed
increased confidence in the proceedings
as well. The Secretary General stated in
the fall of 2010 that ‘‘Beyond all doubt,
the court has shown that it is capable of
prosecuting complex international
crimes in accordance with international
standards.’’ In a resolution adopted at
its 18th session (September 2011), the
Human Rights Council reaffirmed the
importance of the ECCC as an
independent and impartial body, and
welcomed the assistance of member
states and the efforts of the Cambodian
government to work with the UN to
ensure the highest standards of
administration are met.
In July 2010, the UN established the
office of the Special Expert to the
Secretary-General of the ECCC to
provide advice and assistance to
successfully managing this high-profile
war crimes tribunal. In furtherance of
this mandate, the Special Expert is
tasked with monitoring, reporting, and
addressing any and all administrative
issues related to the ECCC’s functioning.
The position was held from July 2010 to
October 2011 by J. Clint Williamson,
U.S. Ambassador-at-Large for War
Crimes Issues from 2006–2009.
Williamson was succeeded in January
2012 by David Scheffer, himself also a
former Ambassador-at-Large for War
Crimes Issues (1997–2001).
The ECCC provides a monthly report
to the UN Controller and the UN
Department of Economic and Social
Affairs, which closely monitors the
Tribunal’s activities, including its
expenditures. In addition, all hiring on
the international side of the ECCC is
vetted by the UN Department of
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51605
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.
Since the appointment of the new
ECCC administration, the creation of the
Independent Counselor position, and
the establishment of the UN’s Special
Expert Office, the United States has not
learned of any credible allegations of
corruption or mismanagement within
the ECCC. Developments in Cases 003
and 004, while not related to corruption
or mismanagement, do warrant
examination.
In late April 2011, the ECCC’s Office
of Co-Investigating Judges (OCIJ)—at the
time led by Cambodian national You
Bunleng and German national Siegfried
Blunk—ended its investigation into
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
and publicly released his request for
additional investigation. This action led
to a response from the OCIJ that
appeared to threaten Cayley with
contempt for publicizing confidential
matters. While the OCIJ subsequently
made it clear that it did not seek to
sanction Cayley, it also disagreed with
Mr. Cayley’s legal position and
defended the adequacy of its factual
investigations. While no closing order
recommending dismissal was ever filed,
ECCC’s observers assess that the OCIJ
supported dismissing the suspects from
further investigation. Mr. Blunk came
under intense criticism from outside
observers and by some of his own office
for his handling of Case 003, and a
prominent international NGO alleged
mismanagement and possibly
misconduct. However, neither the NGO,
nor missions by the UN’s Office of
Human Resource Management nor any
other source has produced evidence that
substantiates this allegation.
Nevertheless, under increasing pressure,
Mr. Blunk announced his resignation
October 10, 2011, claiming that he was
unable to carry out his duties due to
political interference by the RGC.
It was expected that Mr. Blunk would
be succeeded by Mr. Laurent KasperAnsermet of Switzerland, whom the UN
had previously nominated and
confirmed as the reserve coinvestigative judge. It was the UN’s legal
view that Kasper-Ansermet’s accession
was to have been automatic. However,
citing statements Mr. Kasper-Ansermet
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has published on Twitter prior to his
nomination, the RGC refused to confirm
him. After attempting to exercise his
duties as reserve co-investigating judge
for six months, Mr. Kasper-Ansermet
tendered his resignation on March 19,
2012 citing his inability to gain the
cooperation of the Cambodian national
co-investigating judge, Mr. You
Bunleng. Mr. Kasper-Ansermet’s
resignation was effective May 4, 2012.
To replace Kasper-Ansermet, the UN
nominated U.S. citizen Mark Harmon, a
retired career U.S. Department of Justice
prosecutor, who also served more than
a decade as a Senior Trial Attorney in
the Office of the Prosecutor of the
International Criminal Tribunal for the
former Yugoslavia (ICTY). Unlike
Kasper-Ansermet, the Cambodian
Supreme Council of the Magistracy
(SCM) confirmed Harmon in the
position.
The ECCC’s jurisdiction over suspects
in the Cases 003/004 has yet to be
resolved; and therefore the coinvestigating judges have not made a
final determination on whether these
individuals should be indicted. Should
the national and international coinvestigating judges disagree, there is a
formal process under the governing
documents of the ECCC for resolving
this disagreement in the Pre-Trial
Chamber.
Before his departure, KasperAnsermet complained publicly that his
investigation of Cases 003/004 has been
obstructed by the non-cooperation of
Cambodian-appointed judges and
officials. Judge Bunleng publicly
responded that the difficulties had
arisen because Kasper-Ansermet had not
been confirmed in his appointment due
to the latter’s public comments on
confidential judicial matters. As Mark
Harmon’s nomination has been
confirmed by the SCM, we anticipate
that he will receive appropriate
cooperation from national and
international judges and officials. There
may be disagreements about whether
the suspects in Cases 003/004 should be
subject to indictment and trial, but we
expect these matters to be resolved by
the co-investigative judges and the PreTrial Chamber in accordance with
applicable law and procedure.
Certification and United States Policy
Objectives
Certification recognizes the efforts of
the UN and RGC to address allegations
of corruption and mismanagement
within the ECCC. It is not an indication,
however, that work is complete. Both
parties must continue to exercise
oversight of the ECCC’s operations, and
the donor community and NGOs must
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continue their vigilant engagement with
the United Nations and the Royal
Cambodian government to ensure that
the ECCC remains judicially
independent, corruption-free, and wellmanaged.
[FR Doc. 2012–20899 Filed 8–23–12; 8:45 am]
BILLING CODE 4710–30–P
DEPARTMENT OF STATE
[Public Notice 7993]
Culturally Significant Objects Imported
for Exhibition Determinations:
‘‘Extravagant Inventions: The Princely
Furniture of the Roentgens,’’ Formerly
Titled ‘‘Seductive Luxury and
Innovation: The Furniture of Abraham
and David Roentgen’’
ACTION:
to be displayed at The Metropolitan
Museum of Art until on or about
January 31, 2014. I have ordered that
Public Notice of these Determinations
be published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: For
further information, including a list of
the additional exhibit objects, contact
Julie Simpson, Attorney-Adviser, Office
of the Legal Adviser, U.S. Department of
State (telephone: 202–632–6467). The
mailing address is U.S. Department of
State, SA–5, L/PD, Fifth Floor (Suite
5H03), Washington, DC 20522–0505.
Dated: August 17, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2012–20894 Filed 8–23–12; 8:45 am]
BILLING CODE 4710–05–P
Notice, correction.
On August 29, 2011, notice
was published on page 53705 of the
Federal Register (volume 76, number
167) of determinations made by the
Department of State pertaining to the
exhibition ‘‘Seductive Luxury and
Innovation: The Furniture of Abraham
and David Roentgen.’’ The referenced
notice is corrected here to change the
exhibition name to ‘‘Extravagant
Inventions: The Princely Furniture of
the Roentgens’’ and to include
additional objects as part of the
exhibition. Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236–3 of August 28, 2000 (and, as
appropriate, Delegation of Authority No.
257 of April 15, 2003), I hereby
determine that the additional objects to
be included in the exhibition
‘‘Extravagant Inventions: The Princely
Furniture of the Roentgens,’’ imported
from abroad for temporary exhibition
within the United States, are of cultural
significance. The additional objects are
imported pursuant to loan agreements
with the foreign owners or custodians.
I also determine that the exhibition or
display of the additional exhibit objects
at The Metropolitan Museum of Art,
New York, NY, from on or about
October 29, 2012, until on or about
January 27, 2013, and at possible
additional exhibitions or venues yet to
be determined, is in the national
interest. At the conclusion of the
exhibition at The Metropolitan Museum
of Art, three of the works will continue
SUMMARY:
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DEPARTMENT OF STATE
[Public Notice 7992]
Notice of Request for Expressions of
Interest by Environmental Experts in
Assisting the CAFTA–DR Secretariat
for Environmental Matters With the
Preparation of Factual Records
Department of State.
Request for environmental
experts to assist the Dominican
Republic-Central America-United States
Free Trade Agreement (CAFTA–DR)
Secretariat for Environmental Matters
(Secretariat) with the preparation of
factual records.
AGENCY:
ACTION:
The Department of State and
the Office of the United States Trade
Representative are compiling
recommendations for candidates to be
included on a roster of environmental
experts from which the CAFTA–DR
Secretariat can select individuals to
assist in the preparation of factual
records. The Department of State and
the Office of the United States Trade
Representative invite environmental
experts, including representatives from
non-governmental organizations,
educational institutions, private sector
enterprises, and other interested
persons, to submit their expression of
interest in being included on a roster of
experts. We encourage submitters to
review the following prior to offering a
recommendation: (1) Chapter 17:
Environment of the CAFTA–DR, in
particular Articles 17.7 and 17.8; (2)
paragraph 2(d) of the Understanding
Regarding the Establishment of a
Secretariat for Environmental Matters
Under CAFTA–DR; (3) paragraphs 3 and
4 of Article 5 of the Agreement
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Pages 51604-51606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20899]
=======================================================================
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DEPARTMENT OF STATE
[Public Notice 7990]
Certification Related to the Khmer Rouge Tribunal
Pursuant to the authority vested in me under Section 7044(c) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (Division I, Pub. L. 112-74) (SFOAA) and
Delegation of Authority 245-1, I hereby certify that 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 (also known as the ``Khmer Rouge
Tribunal'').
This Certification shall be published in the Federal Register, and
sent, along with related Memorandum of Justification, to the
appropriate committees of the Congress.
Dated: August 13, 2012.
Thomas R. Nides,
Deputy Secretary for Management and Resources.
Section 7044(c) of the Department of State, Foreign Operations
Appropriations Act, 2012 (Div. I, Pub. L. 112-74)
Funding for the Extraordinary Chambers in the Courts of Cambodia
Sec. 7044(c) Cambodia.--Funds made available in this 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 the Government of Cambodia
are taking credible steps to address allegations of corruption and
mismanagement within the tribunal.
Memorandum of Justification for Certification Related to the Khmer
Rouge Tribunal Under Section 7044(C) Of the Department of State,
Foreign Operations and Related Programs Appropriations Act, 2012
Section 7044(c) of the Department of State, Foreign Operations and
Related Program Appropriations Act, 2012 (Div. I Pub. L. 112-74),
provides that funds appropriated by that act for a United States
contribution to the Extraordinary Chambers in the Courts of Cambodia
(ECCC, also known as the Khmer Rouge Tribunal) may only be made
available if the Secretary of State certifies to the Committees on
Appropriations that the United Nations (UN) and Royal Government of
Cambodia (RGC) are taking credible steps to address allegations of
corruption and mismanagement within the ECCC. Deputy Secretary Nides
has signed the certification pursuant to State Department Delegation of
Authority 245-1.
Background
The ECCC, which began operations in 2006, was established as a
national court with UN assistance to bring to justice senior leaders
and those most responsible for the deaths of as many as two million
Cambodians under the Khmer Rouge regime, which was in power from April
17, 1975 until January 6, 1979. In 2010, the ECCC completed its first
case (Case 001), convicting Kaing Guek Eav (aka ``Duch''), former chief
of the Tuol Sleng torture center, of crimes against humanity and war
crimes, and sentenced him to 35 years in prison. Duch's trial was the
first attempt in three decades to hold a Khmer Rouge official
accountable for that era's atrocities and was a milestone in the
history of Cambodian justice. In
[[Page 51605]]
February, 2012 the ECCC's Supreme Chamber upheld that conviction, and
extended Duch's sentence to life in prison. The United States, other
foreign governments, and non-governmental organizations (NGOs)
monitoring the ECCC agree that proceedings throughout met international
standards of justice. In September, 2010, the four surviving senior
leaders of the Khmer Rouge, including Nuon Chea (``Brother Number 2''),
were indicted on a variety of charges (``Case 002''), including crimes
against humanity, grave breaches of the Geneva Convention, and
genocide. The trial commenced in November 2011. In response to pre-
trial motions, Ms. Ieng Thirith, the Khmer Rouge's Minister of Social
Affairs, was found mentally incompetent to stand trial. She has not
been released from custody, as treatment is underway to see if her
condition can be sufficiently improved to allow her to stand trial.
Investigations by the ECCC's Office of the Co-Investigating Judges
commenced in September, 2009 against three suspects (``Case 003'') and
no final decision has been made regarding the legal question of whether
the suspects and their alleged crimes fall within the jurisdiction of
the ECCC. Two additional suspects (``Case 004'') are also being
investigated.
Factors Justifying Certification
From the time the ECCC commenced operations in 2006, there have
been allegations of corruption on the administrative side of the court,
primarily in the form of salary kickback schemes affecting Cambodian
staff members. These allegations received widespread attention from
U.S. and international media, and concerns about corruption led many to
question the ECCC's ability to deliver justice. In late 2008, at the
request of the United States and other donors, the RGC removed the
Cambodian head of administration, the person most associated with the
corruption scheme. His replacement, Tony Kranh, who remains the Acting
Director today, has been competent and has cooperated well with the
donor community, the ECCC officials, and the UN Office of Legal
Affairs.
The ECCC, in cooperation with the UN, has taken additional steps to
protect the integrity of its proceedings against corruption. In August
2009 the UN and RGC reached an agreement to establish an Independent
Counselor, which is semi-autonomous from the Tribunal's administration,
the UN, the RGC and donor states, to hear and address corruption
allegations at ECCC. The guidelines established confirm the Independent
Counselor's obligations to protect the confidentiality of complainants,
ensure that there are no reprisals for whistle-blowing, and provide a
report of his activities to both the UN and RGC. Addressing the ECCC in
October 2010, the Secretary General commended the work of the
Independent Counselor and the effect that office has on the public
perception of the ECCC--that the Tribunal's administration will not
tolerate any form of corruption.
These steps have led to increased confidence in the ECCC. The Human
Rights Center of the University of California Berkeley conducted a
survey in December 2010 across 125 Cambodian communes nationwide. The
Center's final report, released on June 9, 2011, reveals that an
increasing number of Cambodians have confidence in the court. A recent
poll by the International Republican Institute found that 77 percent of
Cambodians were aware of the proceedings at the ECCC.
Donor States, NGOs, and other monitors of the ECCC have expressed
increased confidence in the proceedings as well. The Secretary General
stated in the fall of 2010 that ``Beyond all doubt, the court has shown
that it is capable of prosecuting complex international crimes in
accordance with international standards.'' In a resolution adopted at
its 18th session (September 2011), the Human Rights Council reaffirmed
the importance of the ECCC as an independent and impartial body, and
welcomed the assistance of member states and the efforts of the
Cambodian government to work with the UN to ensure the highest
standards of administration are met.
In July 2010, the UN established the office of the Special Expert
to the Secretary-General of the ECCC to provide advice and assistance
to successfully managing this high-profile war crimes tribunal. In
furtherance of this mandate, the Special Expert is tasked with
monitoring, reporting, and addressing any and all administrative issues
related to the ECCC's functioning. The position was held from July 2010
to October 2011 by J. Clint Williamson, U.S. Ambassador-at-Large for
War Crimes Issues from 2006-2009. Williamson was succeeded in January
2012 by David Scheffer, himself also a former Ambassador-at-Large for
War Crimes Issues (1997-2001).
The ECCC provides a monthly report to the UN Controller and the UN
Department of Economic and Social Affairs, which closely monitors the
Tribunal's activities, including its expenditures. In addition, all
hiring on the international side of the ECCC 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.
Since the appointment of the new ECCC administration, the creation
of the Independent Counselor position, and the establishment of the
UN's Special Expert Office, the United States has not learned of any
credible allegations of corruption or mismanagement within the ECCC.
Developments in Cases 003 and 004, while not related to corruption or
mismanagement, do warrant examination.
In late April 2011, the ECCC's Office of Co-Investigating Judges
(OCIJ)--at the time led by Cambodian national You Bunleng and German
national Siegfried Blunk--ended its investigation into 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 and publicly released his request for additional
investigation. This action led to a response from the OCIJ that
appeared to threaten Cayley with contempt for publicizing confidential
matters. While the OCIJ subsequently made it clear that it did not seek
to sanction Cayley, it also disagreed with Mr. Cayley's legal position
and defended the adequacy of its factual investigations. While no
closing order recommending dismissal was ever filed, ECCC's observers
assess that the OCIJ supported dismissing the suspects from further
investigation. Mr. Blunk came under intense criticism from outside
observers and by some of his own office for his handling of Case 003,
and a prominent international NGO alleged mismanagement and possibly
misconduct. However, neither the NGO, nor missions by the UN's Office
of Human Resource Management nor any other source has produced evidence
that substantiates this allegation. Nevertheless, under increasing
pressure, Mr. Blunk announced his resignation October 10, 2011,
claiming that he was unable to carry out his duties due to political
interference by the RGC.
It was expected that Mr. Blunk would be succeeded by Mr. Laurent
Kasper-Ansermet of Switzerland, whom the UN had previously nominated
and confirmed as the reserve co-investigative judge. It was the UN's
legal view that Kasper-Ansermet's accession was to have been automatic.
However, citing statements Mr. Kasper-Ansermet
[[Page 51606]]
has published on Twitter prior to his nomination, the RGC refused to
confirm him. After attempting to exercise his duties as reserve co-
investigating judge for six months, Mr. Kasper-Ansermet tendered his
resignation on March 19, 2012 citing his inability to gain the
cooperation of the Cambodian national co-investigating judge, Mr. You
Bunleng. Mr. Kasper-Ansermet's resignation was effective May 4, 2012.
To replace Kasper-Ansermet, the UN nominated U.S. citizen Mark Harmon,
a retired career U.S. Department of Justice prosecutor, who also served
more than a decade as a Senior Trial Attorney in the Office of the
Prosecutor of the International Criminal Tribunal for the former
Yugoslavia (ICTY). Unlike Kasper-Ansermet, the Cambodian Supreme
Council of the Magistracy (SCM) confirmed Harmon in the position.
The ECCC's jurisdiction over suspects in the Cases 003/004 has yet
to be resolved; and therefore the co-investigating judges have not made
a final determination on whether these individuals should be indicted.
Should the national and international co-investigating judges disagree,
there is a formal process under the governing documents of the ECCC for
resolving this disagreement in the Pre-Trial Chamber.
Before his departure, Kasper-Ansermet complained publicly that his
investigation of Cases 003/004 has been obstructed by the non-
cooperation of Cambodian-appointed judges and officials. Judge Bunleng
publicly responded that the difficulties had arisen because Kasper-
Ansermet had not been confirmed in his appointment due to the latter's
public comments on confidential judicial matters. As Mark Harmon's
nomination has been confirmed by the SCM, we anticipate that he will
receive appropriate cooperation from national and international judges
and officials. There may be disagreements about whether the suspects in
Cases 003/004 should be subject to indictment and trial, but we expect
these matters to be resolved by the co-investigative judges and the
Pre-Trial Chamber in accordance with applicable law and procedure.
Certification and United States Policy Objectives
Certification recognizes the efforts of the UN and RGC to address
allegations of corruption and mismanagement within the ECCC. It is not
an indication, however, that work is complete. 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 Royal Cambodian government to ensure that the
ECCC remains judicially independent, corruption-free, and well-managed.
[FR Doc. 2012-20899 Filed 8-23-12; 8:45 am]
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