Ban Ki-moon Expected Later This Month

Sok Khemara, VOA Khmer
Washington, DC Wednesday, 20 October 2010

"The impression about this trip is that it is to focus on the Khmer Rouge tribunal."

UN Secretary-General Ban Ki-moon is expected to make an official visit at the end of the month, and observers say they hope he will address human rights issues as well as the Khmer Rouge tribunal.

“The impression about this trip is that it is to focus on the Khmer Rouge tribunal,” said Ou Virak, director of the Cambodian Center for Human Rights.

However, if Ban is traveling with the vice chairman of the UN's Human Rights Commission, rights abuse could be on the agenda, he said.

The UN may be pushing for more funding at the tribunal, which has struggled financially all year, while it must also push for independence at the court, he said. The court also needs a proper mechanism to fight allegations of corruption, Ou Virak said.

Koy Kuong, a spokesman for the Ministry of Foreign Affairs, said Ban was expected Oct. 26 through Oct. 28, but he did not outline details for meetings.

Earlier this year, Ban made an appeal to donors to fund the UN-backed court, which has tried one former Khmer Rouge, and is preparing a case for four more.

Further indictments have proven difficult, and critics say the government has hampered the work of the court, especially with the refusal of six senior government officials ignoring summonses from the international investigating judge.

A diplomat in New York said donors are waiting to see a strategy for winding down the court before they commit to more funding.

Seng Theary, founder of the Center for Justice and Reconciliation and a participant in the trials so far, said she hoped Ban's visit would relieve the pressures of funding, as well as political interference, for the court.

Begging for the KR Tribunal or to line up pockets of the CPP officials?

Cash-strapped Khmer Rouge tribunal appeals for more funds

Wednesday, September 08, 2010
AFP

PHNOM PENH — Cambodia and the UN on Tuesday appealed to international donors for more money to fund the country's cash-strapped war crimes court as it prepares for its second trial of former Khmer Rouge leaders.

The appeal was made during a meeting in the capital Phnom Penh between the government, officials from the United Nations-backed court and representatives from 22 countries, officials said.

"We ask you to continue to give full support to the tribunal in its endeavour to bring justice to the victims of the Khmer Rouge, once and for all," deputy premier Sok An said, according to his speech later issued.

Originally budgeted at 56 million dollars over three years, the tribunal opened in 2006 after nearly a decade of wrangling between the UN and Cambodia but significantly raised its cost estimates last year to 170 million dollars.

The tribunal currently falls around 39 million dollars short of next year's 46.8 million dollar budget, on top of a 7.4 million dollar shortfall for this year as of June 30, according to court and government officials.

In its first trial, the court sentenced in July the former prison chief of the brutal Khmer Rouge regime, known as Duch, to 30 years in prison for war crimes and crimes against humanity.

Sok An said the court had made "good progress" in its work but warned that the second trial, which involves four more Khmer Rouge leaders, is "more complex and will test the will of the national and international community".

The joint trial of Khmer Rouge's Brother Number Two" Nuon Chea, former head of state Khieu Samphan, ex-foreign minister Ieng Sary and his wife Ieng Thirith, who was the minister of social affairs, is expected to start in 2011.

Donors, who include Japan, France, Australia, the US and the European Union, have hesitated to fund the Cambodian side of the court after allegations of political interference and a scandal in which local staff were allegedly forced to pay kickbacks for their jobs.

Up to two million people were executed or died of starvation, disease and overwork as the 1975-79 Khmer Rouge movement emptied cities and enslaved the population on collective farms in its bid to create a communist utopia.

‘Effective’ Tribunal Crucial for Donor Support: Expert

Sok Khemara, VOA Khmer
Washington, DC Wednesday, 09 June 2010

"The most important factor for the court in raising needed funds is to demonstrate that it is operating effectively and efficiently and meeting the goals it was set up to accomplish."

Editor’s note: International donors recently nearly $17 million to extend the operations of the Khmer Rouge tribunal through the rest of the year. That money falls well short of the $85 million requested by tribunal officials for 2010 and 2011, and it comes as the Cambodian side of the UN-backed court faces dire financial straights. Heather Ryan, a tribunal monitor for the Open Society Justice Initiative, discussed the court’s current situation with VOA Khmer by phone.

Based on your understanding, why did the donors offer so little money for the tribunal?

It is difficult to know what impacts the decisions of donors. Changing political or financial situations of some donor states may have affected their contributions. It is important to remember that a single donor conference does not represent what donors will give throughout the year. Additional states may well make pledges to the court later in the year, and some donors may make additional contributions.

The most important factor for the court in raising needed funds is to demonstrate that it is operating effectively and efficiently and meeting the goals it was set up to accomplish. In that regard the court must strive to demonstrate that it is operating independently and that its work is accessible the people of Cambodia.

Some observers say further cases beyond the two the tribunal is currently dealing with would provide a greater sense of justice for Cambodians, especially because the currently detained leaders have remained silent. What do you think?

It is important that the court begin active investigation of cases 003 and 004 if it is to demonstrate that it is operating efficiently and independently. Cases 003 and 004 may well be important to giving Cambodians a fuller understanding of what happened during the Khmer Rouge period, as they may involve accused persons who are "most responsible" for atrocities but who operated at a different level than the senior leaders in Case 002. The international prosecutor obviously believed they were important and serious cases when he submitted them for formal investigation. The investigating judges now have a responsibility to fully process the cases and follow the evidence to determine if arrests and formal charges are appropriate.

There has been a delay in getting in a UN legal expert for the tribunal. What are the consequences of this delay?

The delay in the appointment of a UN legal expert is troubling for several reasons. Such an expert is needed immediately to assist in raising essential funds for the court, deal with questions about political interference with the prosecutorial and judicial processes, and to ensure that the court moves forward at an acceptable pace. Each is a pressing problem and the longer the UN delays in effectively dealing with them, the more difficult they will be to solve.

How will that affect victims, especially civil party applications for the court, if the court limits the scope of its investigation?

The broader the investigations done by the court, the greater the opportunities for victims to participate as civil parties and to understand the details of what happened during the Khmer Rouge period in all parts of Cambodia. An investigation in cases 003 and 004 will likely broaden the scope of the court’s overall investigation of Khmer Rouge crimes and provide more meaningful information and justice to victims.

Kaing Kek Iev, or Duch, is expected to hear a verdict in his trial on July 26. What would a reasonable sentence be according to international standards or other courts, considering many victims want him to serve a life sentence?

If the trial judges find Duch guilty of crimes, they have wide discretion in deciding on a sentence. They can assess a sentence of between five years and life in prison under the [tribunal] law. The judges will have to consider many factors, including the gravity of the crimes, the nature of any remorse of Duch and the fact that he was illegally held in detention for many years, in deciding on an appropriate sentence. They will likely explain the reasoning for the sentence they decide on in the final judgment. Other international tribunals have typically given the most severe sentences to the highest-level perpetrators and slightly shorter sentences to lower-level perpetrators. The goal of the judges is to find a sentence that seems just under all the circumstances of the case.

Victims are also looking for compensation. What kind of compensation would be fair? And has the tribunal done enough to seek compensation?

The rules of the [tribunal] are very restrictive on what reparations civil parties can seek. Victims who are civil parties are not entitled to financial compensation from the accused person or from the court. The court’s rules only allow it to award “collective and moral reparations” in the Duch case. Examples of such reparations in the rules of the court include an order to the accused to, one, publish the judgment in a newspaper; and, two, fund a non-profit activity that benefits victims.

Tribunal Donors Expect to Meet in May

“We hope the countries, the member states of the United Nations who supported the establishment of this court, will also take responsibility to ensure adequate funding.”

Sok Khemara, VOA Khmer
Washington, D.C Friday, 30 April 2010

International donors for the Khmer Rouge tribunal are scheduled to meet in May to decide how much funding each will give to the UN-backed court, officials said this week.

“We hope the countries, the member states of the United Nations who supported the establishment of this court, will also take responsibility to ensure adequate funding,” tribunal spokesman Lars Olsen told VOA Khmer.

Tribunal officials have received initial approval by donors for $85 million over the next two years, but individual countries have yet to decide how much they will contribute.

The court is currently moving toward its second trial for senior leaders of the regime, on charges of genocide and other atrocity crimes.

The US announced in March it would contribute $5 million to the UN side of the hybrid court, but other countries are expected to make pledges in the meeting, which is scheduled for late May, a diplomatic official in New York told VOA Khmer by phone.

Meanwhile, the Cambodian side of the court remains in a financial crunch, leading to a shortfall in staff salaries in April.

Court observers say the budget crisis could be an impediment to the upcoming trial and ongoing work of the tribunal.

Long Panhavuth, a monitor for the Cambodia Justice Initiative, said donors must work to ensure there is enough funding for both sides of the court, which work in tandem in the offices of the prosecution and investigating judges, as well as the separate chambers of the court.

“The donors can’t walk away, because the donors established the court,” he said. “If so, that will be an indication that donors don’t have enough willingness to find justice for Cambodia.”

US to give $5M for Cambodia's Khmer Rouge trial

2010-03-31
Associated Press

The United States will contribute $5 million to the U.N.-backed genocide tribunal trying members of the communist Khmer Rouge.

U.S. Ambassador-at-Large for War Crimes Issues Stephen Rapp announced the donation Wednesday at the end of a two-day visit to Cambodia.

The tribunal is seeking justice for the estimated 1.7 million people who died from execution, overwork, disease and malnutrition under the 1975-79 Khmer Rouge regime.

Donor countries have provided over $100 million to date in support of the tribunal, including $1.8 million from the United States in 2009.

The tribunal last year tried its first defendant, prison chief Kaing Guek Eav, for crimes against humanity, war crimes, murder and torture. Its verdict is expected in the next few months.

Four suspects being held for a second trial, which may begin by the end of this year, are the Khmer Rouge's top ideologist, Nuon Chea; former Foreign Minister Ieng Sary; his wife, former Social Affairs Minister Ieng Thirith; and former head of state Khieu Samphan. They face charges of genocide in addition to crimes against humanity and war crimes.

The tribunal is being conducted jointly by Cambodian and foreign jurists under U.N. auspices. Rapp said the $5 million was earmarked for the U.N. side of the operation.

Lars Olsen, a tribunal spokesman, said the contribution showed the strong support the tribunal enjoys from the international community and urged other nations to follow suit.

Critics Worry Over Value of Expensive Tribunal

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
17 March 2010

With millions more dollars budgeted for the Khmer Rouge tribunal, at least some observers are questioning the value of the UN-backed court.

Donor countries have approved an $85 million budget for the next two years of the court, which has so far tried only one Khmer Rouge leader, the prison chief Kaing Kek Iev, or Duch.

The court is working toward its second trial, of five jailed leaders, but Jean-Michel Filipi, a French researcher who travels from province to province, told VOA Khmer the “immense” budget of the court is unlikely to produce revelations from those on trial.

Money could be better spent elsewhere, he said.

“Please look at the health care treatment for the old men who are accused,” he said. “They have access to health care that the Cambodian people the equivalent of 200 years in the future.”

Since 2003, Filipi has been asking Cambodians abut the tribunal.

“People in rural areas of the provinces are not interested in the trial of former Khmer Rouge leaders, and they do not have a culture of discussion” on the issue, he said.

The trial’s of those leaders in detention—Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith and Duch—are not on the minds of all Cambodians.

In 2009 the US-based International Republican Institute questioned 1,600 people in 12 provinces on their attitudes toward the tribunal. Of those, 82 percent were aware the tribunal, but 21 percent were not aware Duch was on trial at the time.

The budget for the tribunal far exceeds any money spent on Cambodia’s judiciary, which is widely perceived as corrupt, biased or ineffective.

“The government has provided $3 million for the function of the Ministry of Justice and for the courts across the country, for the Appeals Court, the Supreme Court and the Supreme Council of Magistracy,” said Long Panhavuth, a tribunal monitor for the Open Society Justice Initiative. “But there is $40 million a year for [tribunal] expenditure. It’s a big gap.”

Filipi said the “colossal” sum of money being spent on the tribunal should go toward agriculture, energy and education.

However, defenders of the tribunal say the court has to spend a lot of money because of its unique nature.

“You cannot compare the expenditure at the [tribunal] with the expenditure in a normal court in Cambodia,” said Lars Olsen, a spokesman for the court.

“First of all, the [tribunal] is doing a lot of work that normal Cambodian courts are not doing; for instance, the level of victim participation and the programs,” he said. “Secondly we have the outreach program, [including] bringing villagers from all across the country to Phnom Penh to watch the proceedings. These are things that are not happening in regular Cambodian courts.”

In addition, a third of the tribunal staff is international, requiring additional sums for salaries, he said. Where salaries run from $300 to $5,000 a month for Cambodians, based on their positions, costs for international staff can greatly exceed that.

The prosecution of crimes that took place 30 years ago is complex, requiring more resources, he said. “This court is not expensive.”

Tribunal Seeks More Than $90 Million for Two Years

By Sok Khemara, VOA Khmer
Original report from Washington
21 December 2009

Administrators for the Khmer Rouge tribunal are looking for an additional $93.3 million, to cover operations for the next two years, but donors have not immediately made pledges, officials from the UN and donor countries say.

The tribunal has completed the trial of prison chief Kaing Kek Iev, or Duch, despite nagging allegations of corruption and periods of under-funding. It is now moving toward the joint trial of four senior leaders.

A tribunal delegation led by chief administrator Tony Kranh and his deputy, Knut Rosanhaug, ended a week in New York Friday, where they had lobbied donors in meetings that demonstrated the progress of the court.

The court is seeking $46 million for 2010 and $47.3 million for 2011. Of that the UN component was budgeted at $34.5 million and $35.6 million, leaving $11.5 million and $11.8 million per year for the Cambodian side of the court.

A Japanese official at the UN told VOA Khmer the Permanent Mission there had received a budget proposal for 2010 and 2011 and was now considering it.

“Japan welcomes the progress achieved in Case 001 [for Duch],” the official said, speaking on condition of anonymity.

Around 20 countries took part in meetings at the UN headquarters in New York, but sources close to the proceedings said only a few had pledged any funding, with others expected to decide soon after the New Year holiday.

A UN spokesman for the tribunal in Phnom Penh, Lars Olsen, said donors had received the budget proposal.

“The donors expressed strong support for the [tribunal], so we are optimistic regarding the continuation of international support for donations,” he said.

The UN-backed court has come under criticism in recent months for apparent political interference, as six senior officials for the ruling Cambodian People’s Party have refused to comply with summonses from investigating judge Marcel Lemonde.

Prime Minister Hun Sen meanwhile has warned that further indictments such as five now under consideration could destabilize the country.

However, a tribunal statement said Friday a case against five more suspects, which were recommended by a UN prosecutor earlier this year, were part of the budget request.

A US State Department official said Friday the US was considering more funding for the court but is awaiting approval of Congress for the 2010 money. The tribunal had reached a “milestone,” the official said, in establishing an independent counselor to address corruption allegations and in successfully putting Duch on trial for atrocity crimes.

Another diplomat said the world financial crisis would weigh on countries as they decided whether and how much to fund the court.

Observers say the tribunal will not be allowed to fail by the UN, donors and Cambodia, especially now that it has begun to make progress.

UN backed court needs more funds for work until 2011

PHNOM PENH, Dec. 18 (Xinhua) -- The UN-backed court, officially called as Extraordinary Chambers in the Courts of Cambodia (ECCC) announced Friday that it has requested another 93.3 million U.S. dollars for its work until 2011.

In a press release, the ECCC said the budget request for 2010 and 2011 was presented to the Steering Committee of UNAKRT (UN Assistance to the Khmer Rouge Trials) and the Group of Interested States to the ECCC (GIS) during meetings in New York this week, by Acting Director of the Office of Administration Tony Kranh, and Deputy Director Knut Rosandhaug.

It said for the coming two years, the proposed budget is 46 million U.S. dollars for 2010 and 47.3 million U.S. dollars for 2011.

"The international component of the ECCC (UNAKRT) accounts for 34.5 million U.S. dollars in 2010 and 35.6 million U.S. dollars in2011, inclusive of contingency. The national component of the ECCC accounts for 11.5 million U.S. dollars in 2010 and 11.8 million U.S. dollars in 2011, inclusive of contingency," the ECCC said.

The ECCC says this hybrid court spends less money than any other courts in the world.

The ECCC is set up to try former leaders of Democratic Kampuchea (DK) who are blamed for the mass massacres under their rules in Cambodia from 1975 to 1979.

The increase in annual costs can mainly be attributed to increased activity level where the Pre-Trial Chamber will be functioning on a full time basis, and the Supreme Court Chamber might potentially be sitting full time from mid 2010. The budget proposal also reflects increased defence costs for legal representation related to potential additional cases, the ECCC said.

KRouge court seeks US$93m

Dec 18, 2009
AFP

PHNOM PENH- THE UN-backed court set up in Cambodia to try former Khmer Rouge leaders is seeking donors' approval for a budget of more than US$93 million ($130 million) over the next two years, a court statement said Friday.

The statement said a budget for 2010 and 2011 had been presented to UN and donor country officials during meetings in New York this week.

'Based on the anticipated needs of the court for the coming two years, the (tribunal) is requesting approval of the proposed budget in the amount of US$46.0 million for 2010 and US$47.3 million for 2011,' it said.

Tribunal spokesman Lars Olsen said the court's 2009 budget was US$36.4 million.

The statement said costs had risen because the court's pre-trial chamber would be functioning full-time, while its supreme court may also go full-time from the middle of next year. Defence costs for legal representation related to potential additional cases also raised budget estimates, it said.

Originally budgeted at US$56.3 million over three years, the tribunal opened in 2006 after nearly a decade of wrangling between the UN and Cambodia but significantly raised its cost estimates last year to US$170 million.

In US, Tribunal Officials Seek Funding

By Sok Khemara, VOA Khmer
Original report from Washington
15 December 2009

Cambodian and UN officials for the Khmer Rouge tribunal left for New York last week in an effort to lobby donors for more cash, as the UN-backed court pursues a case against four jailed leaders of the regime.

The delegation was led by the chief Cambodian administrator, Kraing Tony, and the UN’s deputy for administration, Knut Rosanhaug, a tribunal spokesman said.

“They will attend meetings with donors and the UN about the budget,” the spokesman, Lars Olsen, said, adding that meetings will last through Friday.

The tribunal needs at least $143 million to operate through 2010. The original price tag for the tribunal was $56 million, but operations have surpassed that, while the Cambodian side of the court has required a number of emergency infusions. Most recently, the European Union gave $3 million to the Cambodian side of the court.

Observers say that with the completion of its first trial, for prison chief Kaing Kek Iev, or Duch, in October, the tribunal will be able to attract more funding. However, the tribunal is still challenged by allegations of corruption and political interference and controversy over whether it should pursue even more suspects.

EU gives two million euros for Khmer Rouge court

02 December 2009
AFP

(PHNOM PENH) - The European Union said Wednesday it was giving two million euros (three million dollars) to Cambodia's Khmer Rouge war crimes court, which is set to give judgment early next year in its first trial.

The money is for the cash-strapped Cambodian side of the hybrid local-international court, set up with help from the United Nations in 2006 to bring justice to victims of the hardline communist regime.

"The European Union has been very active supporting this tribunal, which is bringing international justice to Cambodia," Rafael Dochao, charge d'affaires for the EU delegation in Phnom Penh, told reporters in the capital.

The two million euros is part of a 7.7-million-euro package supporting legal reform and governance in Cambodia, the EU said.

The EU previously donated one million euros in 2007 to cover the salaries of Cambodian judges, prosecutors and support staff. EU officials said it was not immediately clear which areas the latest donation would support.

Donors have hesitated to give funding to the Cambodian side of the court in the past after claims of political interference and a scandal in which local staff were allegedly forced to pay kickbacks for their jobs.

In March this year the court said it did not have enough money to pay its local staff.

Under the complicated agreements governing the tribunal, Cambodian and international staff have separate budgets funded via pledges from countries including Japan, France, Australia, Germany and the United States.

The court wrapped up arguments last week in the long-awaited trial of Duch, the former chief of the Khmer Rouge regime's main torture centre, where up to 15,000 people were killed.

Pol Pot's 1975-1979 Khmer Rouge regime killed up to two million people through starvation, overwork and torture as it attempted to forge a communist utopia by emptying cities and turning the countryside into a vast labour camp.

The tribunal also plans to try four former regime leaders on charges of war crimes and crimes against humanity some time in 2011. It is currently investigating whether to open cases against five additional suspects.

FOCUS: Cambodia's Killing Fields, unfinished justice

PHNOM PENH, Oct. 14, 2009
KYODO

Thirty years after Cambodia's ''Killing Fields'' regime collapsed, and despite a Khmer Rouge trial process that began three years ago, bringing justice to hundreds of thousands of Cambodians is far from concluded.

Even though five former Khmer Rouge leaders are being tried for their roles in the deaths of at least 1.7 million Cambodians in the late 1970s, it remains hard, even for Khmer Rouge victims, to solemnly decide what is just.

And even now, with only Kaing Guek Eav, better known as Duch, on trial no verdict on him is expected before next year and the actual proceedings against the four other aging leaders are unlikely to start until next year, or the year after.

The special U.N.-backed court trying the former leaders became operational in 2006, but it has already seen two critical budget shortfalls and many in Cambodia fear more trouble lies ahead.

In the previous shortfalls, only Japan was moved quickly to inject funds keep proceedings going ahead.

It has been joined by other donors, but there is still no guarantee there will enough money, or enough will, to bring the trials to conclusion.

Budget aside, the Extraordinary Chambers in the Courts of Cambodia have struggled through a corruption scandal, many fear the aged Khmer Rouge leaders will die before they are brought to justice and even decisions on who to call as witnesses are fraught with controversy.

Many of Cambodia's current leaders have the taint of Khmer Rouge affiliation in their backgrounds and simply the idea of calling some of them to testify, or even prosecuting some of them, brings fears of recrimination and civil war that linger barely below the surface of the Cambodian psyche even today.

Yuko Maeda, spokeswoman for the ECCC, told Kyodo News that in principle, in accordance with the Cambodian law an the agreement made with the United Nations, only senior leaders and those the most responsible for the crimes committed during the Khmer Rouge's Democratic Kampuchea regime between 1975 and 1979 are to be tried.

Many interpret that to mean only the current five ''suspects'' are to ever face trial for the Khmer Rouge atrocities.

And some trial monitors wonder, given the complex procedural, political, administrative and legal aspects of the cases, if the four yet to go on trial will be the prisoner's dock before 2011, if ever.

The four now charged with war crimes and crimes against humanity since late 2007 are Nuon Chea, better known as Brother No. 2 in the Khmer Rouge hierarchy after leader Pol Pot;, Khieu Samphan, who was head of state; Ieng Sary, the regime's foreign minister; and his wife Ieng Thirith, who was social affairs minister.

Duch, 66, was chief of Tuol Sleng Prison in central Phnom Penh, code named S-21, from early 1976 through 1979.

He has already admitted responsibility for 12,380 deaths.

Some scholars and historians believe Duch was responsible for the deaths of at least 14,000 prisoners.

Gathering evidence and prosecuting genocide of that scale -- and the other leaders are charged with being behind the deaths of many, many more Cambodians -- is turning out to be prohibitively expensive.

The initial ECCC budget, for three years from 2006 to 2009, was $56.3 million.

Maeda now says the ECCC will have spent about $85 million by the end of this year, and the court still needs funds for 2010 and 2011.

Assuming the money to continue is found, whether or not justice will be ultimately rendered is open to debate.

Chum Mey, one of three surviving victims from the S-21 torture center, said he is not expecting ''100 percent justice,'' but will be ''satisfied'' if after Duch and the other four are tried and convicted.

Chum Mey, 76, was jailed and tortured for more than three months from late 1978 until the Khmer Rouge regime collapsed on Jan. 7, 1979.

Independent political analyst Chea Vannath believes simply completing the five trials will be a ''big achievement and success if the current five people in the custody could have fair trials.''

There would be ''no need to extend, prolong any further,'' she added.

''The important message from the court is to alert all leaders that justice will take place. It does not matter when, where, and how late,'' she said.

Chhang Youk, director of the Documentation Center of Cambodia, a nonprofit organization that archives the Khmer Rouge atrocities, said for him ''the process is most important for all. It is a foundation for us all to decide what is just being done for us so that we can move on into the future.''

''Justice has been defined by the victims in many different ways...,'' he said.

He sees the court as having two distinct roles -- reaching final judgments on the accused and providing formal recognition of the crimes committed against the Cambodian people.

''Finally,'' he said, it is ''not about victory but reconciliation of a nation.''

For others, the question remains if more former Khmer Rouge leaders and cadres should also face trial.

The international co-prosecutor and co-investigating judge have both sought charges against at least five more suspects, but the Cambodian co-prosecutor and co-judge, as well as Cambodia's current political leadership, have resisted all attempts to expand the tribunal.

''If you try more suspects without taking account of national reconciliation and peace and if war recurs, killing 200,000 to 300,000 more people, who would be responsible?'' Prime Minister Hun Sen has asked on several occasions.

Pol Pot, mastermind of the ''Killing Fields,'' died in 1998 and several other Khmer Rouge leaders, including the ''Butcher'' Ta Mok and National Security Minister Son Sen, are also dead.

Remaining possible suspects tend to be further down the Khmer Rouge pecking order, and some are very close to the current government, making deciding who to try and who to ignore an exercise in near futility politically.

Sok Samoeun, executive director of the Cambodian Defenders Project, a well-known Cambodian nongovernmental organization monitoring Khmer Rouge trial, said it is hard to assume justice for Cambodians none of the five current cases has reached conclusion.

''Duch is the only small figure, while the other four are bigger and more important. I'm wondering how they will handle the case of Ieng Sary. (He) was once pardoned and some of his people are in now power,'' Sok Samoeun said. ''I cannot expect justice, but it will help close a dark chapter of Cambodia's history.''

UN Committed to Corruption Talks: Official

By Sok Khemara, VOA Khmer
Origingal report from Washington
04 May 2009

With an emergency infusion of Japanese funding keeping the troubled Cambodian side of the Khmer Rouge tribunal alfoat, the UN remains committed to seeing corruption allegations properly dealt with, a senior UN negotiator said.

The Cambodian side of the UN-backed, hybrid court, which is conducting its first trial, will now be able to pay its staff salaries for April and May, thanks to $4.1 million from Japan.

“The result of is that the court will not collapse for economic reasons,” said Peter Taksoe-Jensen, who is the UN’s assistant secretary-general for legal affairs.

“I have no other comment than the fact that we continue to need to normalize the flow of funds to the court,” he told VOA Khmer in a phone interview, “and the way to do that is to bring the issue of corruption behind us, together, the Cambodian authority and the UN.”

Taksoe-Jensen left Cambodia negotiations in April, having failed to reach an agreement on how the court should handle allegations of corruption, following reports from staff on the Cambodian side, who said they paid kickbacks for their positions.

The two sides deadlocked over whether to name future complainants or protect their anonymity, with the Cambodians demanding so-called “whistleblowers” be identified. The UN has remained firm on anonymity.

Some donors have proven reluctant to fund the national side of the court, claiming the allegations, if true, could harm the credibility of the court, which took years to make functional and is now trying a former Khmer Rouge prison chief, Duch, for atrocity crimes.

Taksoe-Jensen said he was “very optimistic” the sides would find a way to address the allegations, noting that donors had called on both the UN and the Cambodians to reach an agreement.

A cabinet spokesman, Phay Siphan, said by phone that Cambodia remains open to another round of talks in a negotiation that has spanned the last four months

But observers in the US worry prolonged corruption charges—denied by senior officials—could hurt the credibility and functioning of the court, damaging a chance for justice for the victims of the brutal regime.

Sacrava's Political Cartoon: ECCC-Pig

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

Australia donates AU$5 million to KR Tribunal

Stephen Smith MP
Minister for Foreign Affairs

Media Release
21 October 2008

AUSTRALIA HELPS BRING FORMER KHMER ROUGE LEADERS TO JUSTICE

I am pleased to announce a further $5 million Australian contribution to the United Nations (UN) for the Extraordinary Chambers in the Courts of Cambodia (ECCC), also known as the Khmer Rouge Tribunal.

I advised Cambodia’s Ambassador for Australia, Meas Kim Heng, of this contribution today.

Under an agreement between the United Nations and the Royal Government of Cambodia, the ECCC will conduct trials of former Khmer Rouge leaders charged with crimes against humanity during the 1975-1979 period, in which it is estimated up three million people perished under the Khmer Rouge regime.

In 1997 the then newly formed Cambodian Government requested UN assistance in establishing a trial process to prosecute the senior leaders of the Khmer Rouge. The Cambodian National Assembly in 2001 passed a law to create a Court to try serious crimes committed during the Khmer Rouge regime.

This court is called the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea (Extraordinary Chambers or ECCC).

While the court was created by the Cambodian Government and UN, the ECCC is independent and will provide a new model for court operations in Cambodia.

Australia has been a long-term supporter of Cambodia’s efforts to bring Khmer Rouge leaders to justice.

This new funding will support the United Nations’ contribution to the work of the ECCC over the next two years. Australia has previously provided over $4 million towards the ECCC’s operations.

There has been significant progress since the ECCC began its work, with five individuals charged and held in provisional detention awaiting trial.

The ECCC provides an historic opportunity to achieve justice for the victims of the brutal Khmer Rouge regime.

Australia urges Cambodia and the international community to intensify their cooperative efforts to ensure that the trials are completed in a timely manner and according to internationally acceptable standards of justice, fairness and due legal process.

Mr Smith’s Office: Courtney Hoogen 02 6277 7500 or 0488 244901
Departmental : (02) 6261 1555

Australia gives extra funds to help Khmer Rouge tribunal

October 22, 2008
ABC Radio Australia

Australia has announced it's giving almost three and a half million US dollars to help fund the United Nations-backed Khmer Rouge tribunal in Cambodia.

Five senior Khmer Rouge leaders remain in detention for their alleged roles in carrying out the genocidal policies of the former regime between 1975 and 1979.

Australia has previously provided almost three million dollars for the tribunal's operations.

The Australian government says it wants to see the trials completed in a timely manner and according to internationally acceptable standards of justice, fairness and due legal process.

Funding problems and repeated delays in convening trials have prompted fears that the accused, who are aging and in ill health, may die before they can be brought to justice.

UN Finance Expert Arrives at Tribunal

By Reporters, VOA Khmer
Original reports from Phnom Penh and Washington
25 August 2008

A financial expert for the UN side of the Khmer Rouge tribunal began work in Phnom Penh Monday, as the courts continue to face potential funding problems.

David Tolbert, who was brought into the process by the UN secretary-general to assist with country-to-country fundraising, arrived Sunday and is expected to stay through the week, UN tribunal spokesman Peter Foster said.

"He's here as a result of the UN becoming aware of the additional help and ensuring that the budget presented to donors took into account the experiences from all the other tribunals," Foster said. "With his advice and assistance we will be able to put together the revised budget."

Recent accusations of continued kickbacks on the Cambodian side of the hybrid tribunal has led to a freeze in funding, and a tribunal spokeswoman said Monday that while the Cambodian side can run through the end of 2008, the UN side may only have a budget for a few more months.

"We are quite able to proceed for the next year," the spokeswoman, Helen Jarvis, said. "On the UN side, it's a little bit more difficult. They would expect to run out of funds within the next few months."

Prosecutors for the tribunal, meanwhile, say they are still considering whether to charge additional suspects beyond the five now facing charges of atrocity crimes.

Japan Adds $3 million to Tribunal Budget

By Mean Veasna, VOA Khmer
Original report from Phnom Penh
18 June 2008

Click here to listen to the audio program in Khmer

Japan will donate $2.95 million the Khmer Rouge tribunal, to cover the wages of Cambodian administration staff, the embassy announced Tuesday.

The money will be added to donations by France and Australia, totaling $1.5 million, which have already made operation of the Cambodian component of the tribunal feasible through the end of 2008.

"There are five detained [former Khmer Rouge leaders], and the investigation is ongoing to find their criminality," said Yoshimatsu Kaori, third secretary at the Japanese Embassy in Phnom Penh. "With this additional assistance, we hope that the process will bring more justice and equity."

Japan is the largest donor to the tribunal. In 2005, it gave more than $21 million to the UN side of the hybrid courts, ending an early financial crisis at the tribunal. That was nearly half of the UN's $43 million estimated for three years of tribunal operation.

The $3 million comes as the tribunal is submitting a report on its financial need to donors in New York. Tribunal administrators submitted a revised budget to a steering committee of donors Monday, and a full meeting and presentation is expected Friday.

The revised budget comes to nearly $100 million, reduced from a figure submitted to donors in January of $114 million.

"We are extremely appreciative of Japan's announcement," tribunal spokeswoman Helen Jarvis said by e-mail Wednesday. "This comes at a very opportune time, as the donors are meeting in New York to consider the court presentation of its needs in the coming period."

Cambodia's genocide tribunal to get more Japan funding

Wednesday, June 18, 2008
ABC Radio Australia

Japan has agreed to donate nearly $US3 million to Cambodia's genocide tribunal as it prepares to bring former Khmer Rouge leaders to trial.

A spokeswoman says the funding will go to the operations of the United Nations-backed court's administration office.

Court officials are also in New York this week seeking some $US100 million so the tribunal can continue operations.

They are set to meet potential donors on Friday.

Japan has already contributed more than $US21 million to the tribunal.

The radical Maoist Khmer Rouge regime, which ruled Cambodia from 1975 to 1979, is blamed for the deaths of up to two million people by execution, starvation and excessive work.

Justice won’t be seen if fund is used too thriftily

April 24-30, 2008
By 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.