Tuesday, August 18, 2009

New Anti-corruption Measures at Khmer Rouge Tribunal are Insufficient

Monday, August 17, 2009
SOURCE: Open Society Justice Initiative

NEW YORK, Aug 17, 2009 /PRNewswire-USNewswire/ ----New measures to combat corruption at Cambodia's Khmer Rouge tribunal fall short, the Open Society Justice Initiative said in a report released today. According to the report, donors to the court must work to further strengthen the anticorruption effort.

The court, officially known as the Extraordinary Chambers in the Courts of Cambodia, announced last week the appointment of an independent counselor responsible for pursuing corruption complaints, as part of a broader anticorruption package. While welcoming this effort, the Justice Initiative report (available here: http://www.justiceinitiative.org/db/resource2?res_id=104274) notes that much more must change for the court to root out corruption. The new complaint mechanism must protect witnesses and whistleblowers, operate transparently, have the power to conduct independent investigations, and address previous corruption complaints -- which have dogged the court for over two years.

"The agreement to create the independent counselor is a good first step in the process of creating an adequate anticorruption mechanism at the court, but much more work remains," said James A. Goldston, executive director of the Open Society Justice Initiative. "More sustained leadership by donors, particularly the United States -- which brokered this deal -- is needed in the coming months to ensure that the package can work effectively and that staff can trust it."

According to the Justice Initiative's report, the new anticorruption package:
  • Lacks any formal process to protect whistleblowers and witnesses;
  • Fails to require the independent counselor to report publicly any information about corruption complaints or his own activities, making it impossible to know if corruption exists and whether it has been addressed effectively;
  • Provides no mechanism or human resources for independent investigations in case private consultations fail to resolve complaints;
  • Makes no provision for addressing previously existing corruption allegations.
"With the first trial nearing its conclusion, now is the time for donors to implement the additional measures to correct the system's current flaws," said Goldston. "Otherwise, they will lose the opportunity to finally free the court from the corruption allegations that have plagued it for too long."

Recent Developments at the Extraordinary Chambers in the Courts of Cambodia: August 2009 is the latest in a series of regular Justice Initiative publications offering news, analysis, and recommendations on the tribunal. Previous reports and other background information on the court are available here: http://www.justiceinitiative.org/activities/ij/krt.

The URL for this page is: http://www.justiceinitiative.org/db/resource2?res_id=104274.

The Open Society Justice Initiative, an operational program of the Open Society Institute, pursues law reform activities grounded in the protection of human rights, and contributes to the development of legal capacity for open societies worldwide. The Justice Initiative combines litigation, legal advocacy, technical assistance, and the dissemination of knowledge to secure advances in the following priority areas: anticorruption, equality and citizenship, freedom of information and expression, international justice, and national criminal justice. Its offices are in Abuja, Budapest, London, New York, and Washington DC. www.justiceinitiative.org.

http://www.justiceinitiative.org

1 comment:

Anonymous said...

Corruption in ECCC court system?
How ECCC had failed to notify any corruption within its system.
This indicates that corruption is quite previlent in cambodian society. When there is corruption then there will be dirty riches and the very poor.The gap is getting wider everyday, and this gap is led by all sort of abuses.

Surely,RGC has failed to achieve its target called " cambodian citizens get richer before the govt does". It is quite true that
public assets get poorer but govt officials and associates get richer.

Democratic govt would certainly have delivered corruption laws by now, for the desperate call from cambodian citizens who over one millions signed petition for.

Corruption is a plaque that continues to destroy cambodia and her citizens.

Neang SA