Cambodia Human Rights Concerns - Letter sent to the UN OHCHR by Messrs. Morton Sklar and Sam Rainsy

September 23, 2010

Assistant Secretary-General Ivan Simonovic
Office of the High Commissioner for Human Rights
United Nations Headquarters
First Avenue and 43rd Street
New York City, New York

Subject: Cambodia Human Rights Concerns

Dear Mr. Simonovic:

On 23 September 2010, concurrent with the visit of Prime Minister Hun Sen of Cambodia for the 65th Session of the United Nations General Assembly in New York, the major political opposition party in Cambodia plans to submit to you a copy of a Criminal Complaint that it will be filing with the United States Attorney General concerning efforts by Hun Sen and other high level Cambodian officials to interfere with a formal criminal investigation by the U.S. Federal Bureau of Investigation into grenade attacks planned and carried out by Hun Sen and his subordinates against an opposition political rally in Phnom Penh on March 30, 1997 that resulted in the death of at least 16 peaceful political demonstrators and the injury of 150 others, including a U.S. citizen attending the rally. It was the injury to a U.S. citizen that was the basis for the FBI criminal investigation of the attacks. The basis of he new criminal complaint that is being filed this week with U.S. authorities is that Hun Sen and his subordinates, in violation of a number of U.S. criminal laws, have engaged in an extensive effort to interfere with the FBI investigation and to obstruct justice, including making threats against a member of the FBI investigative team.

We would like to notify you and each of the human rights monitoring and compliance agencies of the filing of this Criminal Complaint with the U.S. Government because the obstruction of justice and violation of the rule of law issues raised in the Complaint are closely related to similar violations of international human rights standards that the Government of Cambodia has been engaging in on an increasingly widespread basis in recent months. For example, we note that the U.N. backed Special International Criminal Tribunal for Cambodia just this week indicted four of the major Khmer Rouge leaders who were responsible for the genocide in Cambodia that resulted in the execution of over 1.7 million Cambodians. We also note that the current Government of Cambodia led by Hun Sen who was a former officer with the Khmer Rouge military, has been widely criticized for obstructing the efforts of the Tribunal, since former Khmer Rouge officials, including Hun Sen, continue to hold high-level posts in the current government. Serious concerns have been voiced as to whether the Tribunal’s prosecutions will be able to proceed on an independent basis given these circumstances, and the reality that “Many former Khmer Rouge officials hold senior positions in the current administration.” (Reuters news article headlined “U.N. Backed Tribunal Indicts 4 Khmer Rough Leaders,” Sept. 16, 2010) It is important to note, in the context of the Special Tribunal's activities involving the Khmer Rouge atrocities, that the crimes described in the enclosed Congressional incorporating the FBI investigative report on the 1997 grenade attack, may well constitute a "crime against humanity" under the definition of Section 7 of the International Criminal Court's Statute, as a "widespread ... attack directed against any civilian population" that results in murder or persecution based on political grounds. As such, head of state and other bases for claims of immunity would not be available under Article 27 of the Statute, and time limits on prosecutions would not apply.

The problem of impunity for human rights violations in Cambodia is a commonplace and ongoing issue that extends far beyond the activities of the Special Tribunal and the Khmer Rouge genocide. Just a few weeks ago Amnesty International issued a special report on Cambodia human rights non-compliance concerns to the 15th Session of the United Nations Human Rights Council indicating that the problem of "impunity" -- the failure of the Cambodian government to secure justice in instances of major human rights abuses -- has been on ongoing issue that is not being addressed. Their report, titled Ongoing Serious Human Rights Violations Must be Addressed, notes many cases where, "Those responsible for the homicide of several civil society figures have still not been identified and brought to justice." (Amnesty 2010 Report, page 7) This includes many current cases, including that of trade unionist Chea Vichea, shot dead in 2004, trade unionist Hy Vuthy, killed in February 2007, and journalist Khim Sambor, murdered with his son in 2008, along with eight other journalists working for opposition media who were subjected to extrajudicial executions in recent years. Similar criticisms of the failure of the Cambodian government to secure justice for major human rights abuses, and a continuing and festering policy of impunity for violations, have been made by Human Rights Watch, and by the United Nations Special Rapporteur for Human Rights in Cambodia, Professor Surya Subedi. Brad Adams, Asia Director for Human Rights Watch recently noted the Cambodian government's "relentless crackdown" on critics and opposition political groups (Human Rights Watch Statement of January 28, 2010).            

More specific details on how the international human rights standards are being violated, and how continued efforts of the current government are obstructing justice in ways similar to those set out in our Criminal Complaint, are included in this submission, along with a copy of the Criminal Complaint we are filing with the U.S. government. We would appreciate it if, in your capacity as Assistant Secretary-General dealing with human rights matters, you transmit these submissions to each of the United Nations human rights monitoring and enforcement agencies, including the Human Rights Council and the Human Rights Committee, that has responsibility for reviewing Cambodia’s compliance with the relevant international treaty obligations. Our plan for the coming months is to supplement these general submissions with more detailed reports and complaints regarding non-compliance by the government of Cambodia with the specific human rights standards and treaty obligations that each of the United Nations human rights agencies is responsible for monitoring. This will begin with the Human Rights Council and their annual compliance review meeting scheduled to take place in November, and also will include submissions to the Human Rights Committee under the International Covenant on Civil and Political Rights, and the Committee Against Torture under the Convention Against Torture. We hope to keep in close touch with you on the progress of these efforts, and welcome whatever support you can provide in bringing the attention of appropriate United Nations agencies and officials to these efforts.

We would be pleased to meet with you and your staff at your office at a date and time that is convenient for you to review for you the key issues that will be of concern to the United Nations human rights agencies. Please let us know when you might be available for this purpose.

Sincerely,

Morton Sklar*

Legal Counsel for Cambodian Complainants

and

Sam Rainsy

Leader of the Sam Rainsy Party

(the largest political opposition party in Cambodia)

[*Note: Mr. Sklar served for fifteen years as founding Executive Director and principal litigator of the World Organization for Human Rights USA, and as Judge for nine years (twice nominated by the U.S. Government and elected by the General Assembly of the Organization of American States), with one of two international courts operated by the OAS. This submission is made in his personal capacity as legal representative for the Complainants, and is not a work product or submission of the World Organization for Human Rights USA, with whom he is no longer employed or affiliated.]