AFP
Five former Khmer Rouge leaders are set to face charges as Cambodia takes its biggest step yet towards prosecuting those responsible for the genocide that unfolded here in the 1970s.
But experts warned Thursday that the UN-backed court tasked with prosecuting regime cadres could still face serious obstacles, amid fears of political interference and concerns over satisfying international legal standards.
"The focus right now has to be the trial itself, that it meets international standards. The prosecution and the accused have to have equal rights," said lawyer Sok Sam Oeun, director of the legal aid group Cambodian Defenders Project.
"There is a problem of negative stereotyping (of possible defendants). Many Cambodian judges and prosecutors were victims of the regime and I'm not sure right now that they have a clear view" of proper judicial procedure, he added.
Khmer Rouge tribunal prosecutors late Wednesday filed their first cases with court judges, asking that five individuals, whose names were not released, be investigated for crimes including genocide committed during the regime's 1975-79 rule.
As evidence they submitted more than 14,000 pages of documents, including statements from some 350 witnesses and reports of over 40 undisturbed mass graves.
Up to two million people died of starvation and overwork, or were executed under the communist Khmer Rouge, which abolished religion, schools and currency, exiling millions to vast collective farms with the aim of creating an agrarian utopia.
These crimes were part of a "common criminal plan constituting a systematic and unlawful denial of basic rights," the prosecutors said in a statement.
"Those responsible for these crimes and policies included senior leaders" of the regime, they added.
Former top Khmer Rouge cadres, most of whom live freely in Cambodia, have repeatedly denied knowing about the mass deaths that were occurring under the regime.
While they have said they welcomed the court's scrutiny of their actions, some observers say Cambodia's current government, which includes dozens of former Khmer Rouge, might not be so willing to dredge up this ugly past.
Since talks began a decade ago between Cambodia and the United Nations on prosecuting the Khmer Rouge, accusations of political interference have dogged the process.
These claims gained credence from the repeated delays that have so far kept any regime leaders from facing justice.
While public trials are now expected some time next year, court officials could not say when the first arrests might happen.
Co-prosecutor Robert Petit warned that Wednesday's filing was just the first phase of a lengthy judicial process.
"This is just the beginning... it's complicated," he told AFP.
The cases have to be reviewed by co-investigating judges -- one Cambodian and one foreign -- who will then recommend whether any of the suspects can be put in the dock.
Quick trials are the last chance for Cambodians to find justice for crimes committed by the Khmer Rouge more than 30 years ago, with rights groups and legal advocates concerned that ageing former regime leaders will die before being brought to court.
So far only one possible defendant is in custody -- former Khmer Rouge prison chief Kang Kek Ieu, also known as Duch.
Khmer Rouge leader Pol Pot died in 1998.
His deputy Nuon Chea and former head of state Khieu Samphan live in Pailin, the Khmer Rouge's last stronghold in northwest Cambodia. Former foreign minister Ieng Sary has enjoyed his retirement in a lavish villa in Phnom Penh.
But experts warned Thursday that the UN-backed court tasked with prosecuting regime cadres could still face serious obstacles, amid fears of political interference and concerns over satisfying international legal standards.
"The focus right now has to be the trial itself, that it meets international standards. The prosecution and the accused have to have equal rights," said lawyer Sok Sam Oeun, director of the legal aid group Cambodian Defenders Project.
"There is a problem of negative stereotyping (of possible defendants). Many Cambodian judges and prosecutors were victims of the regime and I'm not sure right now that they have a clear view" of proper judicial procedure, he added.
Khmer Rouge tribunal prosecutors late Wednesday filed their first cases with court judges, asking that five individuals, whose names were not released, be investigated for crimes including genocide committed during the regime's 1975-79 rule.
As evidence they submitted more than 14,000 pages of documents, including statements from some 350 witnesses and reports of over 40 undisturbed mass graves.
Up to two million people died of starvation and overwork, or were executed under the communist Khmer Rouge, which abolished religion, schools and currency, exiling millions to vast collective farms with the aim of creating an agrarian utopia.
These crimes were part of a "common criminal plan constituting a systematic and unlawful denial of basic rights," the prosecutors said in a statement.
"Those responsible for these crimes and policies included senior leaders" of the regime, they added.
Former top Khmer Rouge cadres, most of whom live freely in Cambodia, have repeatedly denied knowing about the mass deaths that were occurring under the regime.
While they have said they welcomed the court's scrutiny of their actions, some observers say Cambodia's current government, which includes dozens of former Khmer Rouge, might not be so willing to dredge up this ugly past.
Since talks began a decade ago between Cambodia and the United Nations on prosecuting the Khmer Rouge, accusations of political interference have dogged the process.
These claims gained credence from the repeated delays that have so far kept any regime leaders from facing justice.
While public trials are now expected some time next year, court officials could not say when the first arrests might happen.
Co-prosecutor Robert Petit warned that Wednesday's filing was just the first phase of a lengthy judicial process.
"This is just the beginning... it's complicated," he told AFP.
The cases have to be reviewed by co-investigating judges -- one Cambodian and one foreign -- who will then recommend whether any of the suspects can be put in the dock.
Quick trials are the last chance for Cambodians to find justice for crimes committed by the Khmer Rouge more than 30 years ago, with rights groups and legal advocates concerned that ageing former regime leaders will die before being brought to court.
So far only one possible defendant is in custody -- former Khmer Rouge prison chief Kang Kek Ieu, also known as Duch.
Khmer Rouge leader Pol Pot died in 1998.
His deputy Nuon Chea and former head of state Khieu Samphan live in Pailin, the Khmer Rouge's last stronghold in northwest Cambodia. Former foreign minister Ieng Sary has enjoyed his retirement in a lavish villa in Phnom Penh.
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