Cambodia's Khmer Rouge tribunal makes slow progress

Dec 17, 2008
DPA

Phnom Penh - When the former chief of the Khmer Rouge's notorious S-21 prison camp was indicted by Cambodia's war crimes tribunal in August, many observers thought 2008 could be marked by real progress at the UN-backed court.

The appearance of Kaing Guek Eav, known by his revolutionary name Duch, in the dock represented for many the culmination of almost 30 years of recriminations against the genocidal regime and more than a decade of negotiations to bring former Khmer Rouge leaders to trial.

But as 2008 draws to a close, the successes of the Khmer Rouge Tribunal this year seem tarnished by unresolved disputes between the international and Cambodian sides of the hybrid court, claims of government interference and ongoing concern over alleged corruption and financial mismanagement.

According to Heather Ryan, an official tribunal monitor with the Open Society Justice Initiative, such problems meant the court's viability and integrity remained tenuous throughout 2008.

'Given the circumstances, the tribunal has made significant progress this year. There has been a series of delays, but the tribunal does seem to be on track to begin the first trial in early 2009,' she said.

'But there has not been enough progress made on allegations of corruption. There have been indications the UN is taking a stronger approach to corruption, but unfortunately this issue has not been resolved,' she added.

Such problems have plagued the Khmer Rouge Tribunal since it was established in 2006 after a decade of negotiations between the UN and the Cambodian government.

Five former leaders currently face trial for their roles in the deaths of up to two million people through execution, starvation, exhaustion and disease during the Khmer Rouge's reign between 1975 and 1979.

The regime sought to transform Cambodian society according to an aggressive form of agrarian socialism by executing members of the educated classes, evacuating the major towns and cities and forcing all citizens into collective agricultural labor.

In economic, political and psychological terms, Cambodia has never quite recovered. The all-encompassing nature of the Khmer Rouge's genocidal program has also meant the scope of the tribunal's investigation has been open to criticism.

In early December, international co-prosecutors made public a disagreement with their Cambodian colleagues over plans to extend the number of suspects beyond the five already in detention.

The Cambodian co-prosecutors reportedly argued the five investigations were sufficient - a position maintained by the Cambodian government - which provoked accusations that government interference was influencing the domestic side of the court.

'Concerns about government interference have focused on the reluctance of the court to disclose the identities of additional people who may be investigated. And there is concern the co-prosecutors' reluctance to extend the investigation might not be based on evidence but rather government interference,' Ryan said.

'How this is resolved and whether more investigations go ahead will be a real test for the integrity of the court.'

But tribunal spokesman Reach Sambath said there were sufficient measures in place to ensure neither the Cambodian government nor the UN could interfere with the court's actions.

'Although the court was created by the UN and the Cambodian government, it works independently,' he said.

'Both sides have made it clear they want the tribunal to be independent, and the Cambodian Government in particular has said it wants the tribunal to move by itself and with integrity,' he added.

He said that throughout the year the court had worked to address allegations of corruption and mismanagement, and administrative restructuring meant the tribunal's processes had become more transparent.

'These measures have ensured the tribunal operates in a transparent way and has helped it to make a number of significant steps this year, including several pre-trial hearings since February,' he said.

Ryan agreed the administrative restructure had 'made a big difference' to the court's transparency and efficiency, but said the tribunal's precarious financial state meant its future was uncertain.

The UN earlier this year froze international donor funds until the court produced a review of allegations that members of the Cambodian side of the court had been receiving kickbacks. The review has since been completed but has not yet been presented.

'At this point there is not the financial security to ensure the court will definitely remain viable,' Ryan said.

'Without secure funding in the bank, it is possible the court might not be viewed as a reputable institution. These funding issues also impact on recruitment and may limit the tribunal's capacity to attract talented workers to replace senior staff who have.'

Reach Sambath agreed funding 'was always a problem' for the tribunal, but said negotiations with international donors were under way to ensure the court would remain financially viable in 2009.