Khmer Rouge Tribunal risks "legacy of impunity"

11 November 2010
By Thijs Bouwknegt
Radio Netherlands Worldwide

Cambodia's UN-backed genocide tribunal should press on with new cases against former Khmer Rouge leaders or risk a "legacy of impunity," says a trial-monitoring group.

"High-level war crimes cases should be tried by the Extraordinary Chambers in the Courts of Cambodia (ECCC), rather than transferred to local courts." The report by the US based Open Society Justice Initiative (OSJI), released on Wednesday, says that ordinary Cambodian courts cannot guarantee international fair trial standards, given intense political interference of Cambodian leaders.

"If any of these cases are dismissed, transferred, or otherwise handled in a manner that does not evince independent decision making consistent with international standards, the court will be left with a legacy of impunity rather than justice in spite of its accomplishments in other cases," the report reads.

The ECCC - staffed by a mixture of Cambodian and international staff and judges - prosecutes senior Khmer Rouge leaders responsible for the deaths of up to 2 million Cambodians between 1975 and 1979. Ever since the UN-backed court was set up in 2003, it has been dogged by allegations of political interference while Cambodian and international prosecutors openly disagree on whether the court should pursue more suspects.

Last month, Cambodian Prime Minister - himself once a mid-level Khmer Rouge member - told visiting United Nations chief Ban Ki-moon that a third case was "not allowed" because it could plunge the country back into civil war.

Following Hun Sen's statement, UN Chief Ban Ki-moon said it would be up to the ECCC to decide whether or not to start a third trial.

In its statement Wednesday, the OSJI warns that the court "risks the appearance that it is dumping the cases because it is unwilling or unable to deal with the political interference that has come to haunt the ECCC."

"Cambodia's government has made clear its determination to abort any cases it finds politically inconvenient," said James A. Goldston, executive director of the OSJI. "The United Nations and international donors must ensure that any completion plan for the court guarantees fair trials and appeals in all remaining cases on its docket." Goldston added that the best way to achieve this is through the existing hybrid tribunal.

Four cases, involving a total of ten accused persons, are currently pending before the tribunal in Phnom Penh. The court completed its first case in July, sentencing former Toul Sleng prison chief 'Duch' to 35 years in jail for overseeing the deaths of more than 12,000 people. The case, dubbed "case 001", is now under appeal.

In September, the ECCC indicted four top regime leaders genocide, war crimes, crimes against humanity for their role in the deaths of up to two million people in Cambodia's "Killing Fields". Ieng Sery, Ieng Thirith, Nuon Chea, and Khieu Samphan are set to go to trial together in mid-2011.

Cases 003/004, involving five senior Khmer Rouge leaders whose names remain, are currently under investigation, but Cambodian leaders have repeatedly sought to block their progress.

"Such blatant political interference in the court's work is of course contrary to basic fair trial standards," said the report. But Council of Ministers spokesman Phay Siphan called the document "an insult to the government."

Cambodia and the UN had not yet reached "an agreement" on cases three and four, he said, adding that funding was a key concern. "We are worried about the budget," Phay Siphan said.