April 24-30, 2008By Jerome Moriniere
Cambodge Soir
Unofficial Translation by KRtrial.info
Robert Petit, co-prosecutor of the Extraordinary Chambers in the Courts of Cambodia (ECCC), used to work for the International Criminal Tribunal for Rwanda, special court for Sierra Leone, and United Nations Mission of Support to East Timor.
In the following interview, he described the difficulties he faces in his everyday work at the ECCC and claimed that the co-prosecutors could make accusations against other individuals.
Do you believe that donors will agree to provide more funds?
Yes, I do. Funding crisis is not a new problem that has just happened to international tribunals while the KRT can't escape from the problem too. Now it is simple that the proposed fund has to be scrutinized and donor countries are guaranteed in order to avoid releasing the suspects because of fund shortage.
If they disagree [with the funding], will it half the process of the tribunal?
No, I don’t think so. The Cambodian government and the international community have made a lot of efforts to establish the tribunal and to make it run until present. It is a “strategy” for the country, mostly important the victims. Now we have to know that what kind of trial we really want. If we want it to conform to the international standards, we have to make a budget of the required fund so that we can make a trial everyone is proud of. However, the budget has to be clear. I hope that we will be able to find an appropriate point to convince the donors.
What should be done to conform to the international standards?
With little fund, we can’t deliver justice to victims. For example, a professional judge can't make a decision based on the documents he can't read. Therefore, the translation problems and lack of human resources are the main factors we must consider in fulfilling the mission. Moreover, the research task should not be neglected. The Extraordinary Chambers is tasked to report the events which have happened there and find a conclusion which can persuade the donors by stating who does what, and why and how they do those things.
We have to prepare documents to respond to the public inquiry. We have to do it. It is a basis that makes them believe in us. However, fund is also necessary to spread the information to the public.
What are the limits of the KRT?
For me, the limits of the tribunal depend solely on the law and evidence. Of course, the genocide which happened in this country is necessarily involved with many people. We start to understand clearly about what has happened here. I expect that there will be other accusations on other individuals. This is the decision made by Cambodian Co-Prosecutor Chea Leang and me. We decide together, and we expect that we will make accusations when we have assessed the evidence. [And] I think that there are not only 5 suspects.
What are the difficulties you meet in your everyday work?
We work in an environment where everyone speaks different languages and has different work experience and culture. To reach an agreement on a decision, it needs time. The first thing to consider is the translation so that we can understand each other, and then there will be lengthy discussions to get the approval from each party. From day to day, we have to learn to deal with these obstacles. Actually, working with Cambodians is probably more satisfactory because I start to know more how people in this country could endure the Khmer Rouge regime. It means that amongst the international courts in which I have participated, this is the most difficult one. For instance, an internal rule says that we have a fortnight to respond to the appeal by the defence lawyers. The appeal is usually made by the foreign lawyers. Two weeks are counted from when we have received the documents. We have to translate the documents so that my colleagues can understand and we have to also understand the international law in the 15 days. My colleagues and I have to agree on uncertain points and discuss on what grounds we should stand. And we will discuss again so as to make a final decision. Although it comes to the final decision, the translation is still required so that both parties can understand each other in all points. According to our present resources, we cannot translate more than 3 pages of documents per day. These are our everyday tasks, and it is difficult….
Might the protection of the charged people be done to serve the image of the tribunal only?
It is right. Moreover, I think that there will be some more procedures when we arrive at the trial stage. However, if no adequate protection is offered to the charged people, the tribunal won't gain confidence from the public. For instance, in the tribunal for East Timor, there was inequality of the personal protection and there were no lawyers for the accused.
What are the advantages of the participation of victims as the Civil Parties?
The Civil Parties give a lot of information, but it depends on the court to evaluate that information. Their presence in this kind of trial has just happened for the first time. The Civil Parties are the victims. Their presence makes them more confidence in us. At the present time, we should also pay attention to the equality of the personal protection. The Civil Parties have right to express their opinion, including in the hearing of appeal against the provisional detention. Furthermore, they will bring in new evidence for the trial.
In the following interview, he described the difficulties he faces in his everyday work at the ECCC and claimed that the co-prosecutors could make accusations against other individuals.
Do you believe that donors will agree to provide more funds?
Yes, I do. Funding crisis is not a new problem that has just happened to international tribunals while the KRT can't escape from the problem too. Now it is simple that the proposed fund has to be scrutinized and donor countries are guaranteed in order to avoid releasing the suspects because of fund shortage.
If they disagree [with the funding], will it half the process of the tribunal?
No, I don’t think so. The Cambodian government and the international community have made a lot of efforts to establish the tribunal and to make it run until present. It is a “strategy” for the country, mostly important the victims. Now we have to know that what kind of trial we really want. If we want it to conform to the international standards, we have to make a budget of the required fund so that we can make a trial everyone is proud of. However, the budget has to be clear. I hope that we will be able to find an appropriate point to convince the donors.
What should be done to conform to the international standards?
With little fund, we can’t deliver justice to victims. For example, a professional judge can't make a decision based on the documents he can't read. Therefore, the translation problems and lack of human resources are the main factors we must consider in fulfilling the mission. Moreover, the research task should not be neglected. The Extraordinary Chambers is tasked to report the events which have happened there and find a conclusion which can persuade the donors by stating who does what, and why and how they do those things.
We have to prepare documents to respond to the public inquiry. We have to do it. It is a basis that makes them believe in us. However, fund is also necessary to spread the information to the public.
What are the limits of the KRT?
For me, the limits of the tribunal depend solely on the law and evidence. Of course, the genocide which happened in this country is necessarily involved with many people. We start to understand clearly about what has happened here. I expect that there will be other accusations on other individuals. This is the decision made by Cambodian Co-Prosecutor Chea Leang and me. We decide together, and we expect that we will make accusations when we have assessed the evidence. [And] I think that there are not only 5 suspects.
What are the difficulties you meet in your everyday work?
We work in an environment where everyone speaks different languages and has different work experience and culture. To reach an agreement on a decision, it needs time. The first thing to consider is the translation so that we can understand each other, and then there will be lengthy discussions to get the approval from each party. From day to day, we have to learn to deal with these obstacles. Actually, working with Cambodians is probably more satisfactory because I start to know more how people in this country could endure the Khmer Rouge regime. It means that amongst the international courts in which I have participated, this is the most difficult one. For instance, an internal rule says that we have a fortnight to respond to the appeal by the defence lawyers. The appeal is usually made by the foreign lawyers. Two weeks are counted from when we have received the documents. We have to translate the documents so that my colleagues can understand and we have to also understand the international law in the 15 days. My colleagues and I have to agree on uncertain points and discuss on what grounds we should stand. And we will discuss again so as to make a final decision. Although it comes to the final decision, the translation is still required so that both parties can understand each other in all points. According to our present resources, we cannot translate more than 3 pages of documents per day. These are our everyday tasks, and it is difficult….
Might the protection of the charged people be done to serve the image of the tribunal only?
It is right. Moreover, I think that there will be some more procedures when we arrive at the trial stage. However, if no adequate protection is offered to the charged people, the tribunal won't gain confidence from the public. For instance, in the tribunal for East Timor, there was inequality of the personal protection and there were no lawyers for the accused.
What are the advantages of the participation of victims as the Civil Parties?
The Civil Parties give a lot of information, but it depends on the court to evaluate that information. Their presence in this kind of trial has just happened for the first time. The Civil Parties are the victims. Their presence makes them more confidence in us. At the present time, we should also pay attention to the equality of the personal protection. The Civil Parties have right to express their opinion, including in the hearing of appeal against the provisional detention. Furthermore, they will bring in new evidence for the trial.
5 comments:
After 2.000.000 killed,we need Peace,Independence,Real Justice.
http://fr.wikipedia.org/wiki/Empire_khmer
To fullfil their task, million of US dollars needed. Justic is justic. Do everyone trust the KRT? Could them find the justict for all Cambodian? Now we have peace already and no need to dig up the past.
I know everyone had familly member(s) killed during the Pol pot's regime and also my family. Reconciliation is the only way to development. I am not sympathy with Khmer Red leaders nor its regime. I only met Nuon Chea one time before he had been arrested in his house near Phsar Prum, Thai border. All KR leaders now are too old. This is the wrong path in politic that all politicians today should learn and plan for the future.
I think, we should use million of US dollars in usefull ways urgently. Building irrigation to plant crops for poor Cambodians and also for the hungers in the world. Fighting AIDs and other epidemic diseases that affect our people and children.
I am sorry my english writing is not good but I just want to show my idea.
justice is one of the ways leading to reconciliation.without justice,what is the life of living together?
You are not alone, 8:17. Majority of Khmer People, including top leaders, have the same idea as you have, but gorillas doesn't.
Keep on writing, that is the only way to improve. Plus, I like to see more of your idea.
Yeah, the Viet pimp/parasite like you @6:43 AM must head on home to Hanoi and quit pretending to be Cambodian speaking out for Cambodian before it's too late!
let see your tail between your legs and bon voyage you Viet/"Youn katop"!
Bye Bye Viet pimp/parasite/plunderer!!!
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