US Congressman Says More Trials Necessary at Tribunal

US Congressman Edward Royce (Photo: Courtesy of Congressman Edward Royce)

Friday, 10 February 2012
Sok Khemara, VOA Khmer | Washington, D.C

“The Cambodian government’s apparent influence over the two remaining [tribunal] proceedings is also of great concern.”

US Congressman Ed Royce says the completion of one trial at the Khmer Rouge tribunal is not enough to end Cambodia’s culture of impunity and that more trials should be undertaken by the UN-backed court.

In an e-mail interview with VOA Khmer, Royce, who represents parts of Orange County, California, that are home to many Cambodian-Americans, said he has sent a letter to Secretary of State Hillary Clinton noting his concern for an ongoing culture of impunity.

Letter to US Secretary of State Hillary Clinton From the Ieng Sary Defense Team

Letter to US Secretary of State Hillary Clinton From the Ieng Sary Defense Team
http://www.scribd.com/fullscreen/61033017?access_key=key-vhakv5ih4lzgfgtbdd5

Letter from US Rep. Ed Royce to Hillary Clinton regarding the ECCC

US Rep. Ed Royce (R-CA) at the podium

EDWARD R. ROYCE

Fortieth District-California

June 29, 2011
The Honorable Hillary Rodham Clinton
Secretary of State
U.S. Department of State
2201 C Street, N.W.
Washington, DC 20520

Dear Secretary Clinton:

I write to share my concern over the lack of progress made by the Extraordinary Chambers in the Courts of Cambodia (ECCC), the tribunal established to hold accountable those most responsible for the atrocities of the Khmer Rouge. Established in 2003, the tribunal has convicted only one individual, and has only recently commenced proceedings in its second case against four former regime leaders.

As you know, concerns regarding the tribunal's impartiality led the U.S. to withhold funding from the ECCC prior to 2009. Under Section 7071(c) of the Department of State, Foreign Operations and Related Program Appropriations Act of 2010 (Pub, L. 111-117), the U.S. can only contribute funding to the tribunal if the Secretary of State certifies to the Committee on Appropriations that the United Nations and Government of Cambodia are taking credible steps to address allegations of corruption and mismanagement within the ECCC. Deputy Secretary of State Jacob Lew provided such certification in March of 2010, arguing there had been no new allegations of corruption within the ECCC since late 2008, and that other developments, including the appointment of Andrew Cayley as the court's new international Co-Prosecutor, represented a positive trend.

Prosecution of Case 002 may be Unnecessarily Drawn Out. It has been more than three decades since the Khmer Rouge was in power, and yet Case 002 against four former leaders has just begun. The four defendants, now between the ages of 79 and 85, have each denied responsibility for charges of genocide, war crimes and crimes against humanity. They have also asserted other legal defenses to their prosecution, by blaming others for the violence, raising prior assurances of amnesty, and even demanding that the tribunal consider facts outside of its temporal jurisdiction (which is limited to the years of the Khmer Rouge's reign). While these arguments should not have much traction in light of the ECCC's mandate and procedural rules, not to mention the evidence against the accused, I am concerned they will prolong an already protracted attempt to bring these regime leaders to justice.

Prosecution of Cases 003 and 004 Unlikely. In spite of Prosecutor Cayley's efforts, Cases 003 and 004 against five unnamed suspects appear to be falling apart. On April 29, 2011, the ECCC's Co- Investigating Judges announced their "investigation" of Case 003 was complete. According to Cayley and others monitoring the tribunal's progress, this investigation lacked even the most basic fact-finding procedures, such as interviewing the case's suspects and a comprehensive examination of alleged crime sites. The Judges have rebuffed Cayley's requests that they reopen their investigation. As such, I am concerned they will now move to formally dismiss Case 003.

Interference by the Cambodian Government. In spite of the State Department's prior certification that the Cambodian government has attempted to address corruption within the ECCC, more recent public discourse suggests otherwise. Prime Minister Hun Sen has publicly demanded that no additional suspects be tried by the tribunal. Cayley's Cambodian Co-Prosecutor Chea Leang has sided with the Prime Minister, claiming the remaining suspects are not "most responsible" for the crimes of the Khmer Rouge and therefore not within the jurisdiction of the court. A dismissal in Cases 003 and 004 would apparently satisfy both the Prime Minister and Prosecutor Leang.

International Community Unresponsive. The UN has publicly refused to comment on this division within the ECCC out of respect for "issues that remain the subject of judicial consideration." The UN's respect for judicial independence would be convincing if the tribunal was clearly independent from the Cambodian government. But there is ample evidence indicating otherwise. At least one former Khmer Rouge commander, once expected to be a prime target of the tribunal, has reported that the Prime Minister promised to prevent her prosecution. In May of 2011, the Cambodian Information Minister Khieu Kanharith advised international ECCC staff interested in further investigation to "pack their bags and return home."

Support for Victims. While the circumstances in which the ECCC must operate are difficult, the conduct of the Judges, the Cambodian Co-Prosecutor and the Cambodian government is regrettable. With respect to Case 002, if the defendants die before they are made to answer for their crimes, then the ECCC will certainly have failed to deliver justice to the Khmer Rouge's victims. With respect to Case 003, the government's argument that no one else can be adjudicated "most responsible" for the regime's crimes is unpersuasive. A handful of individuals alone could not have orchestrated the murder of a third of the country's population in fewer than four years.

The United States has contributed $6.8 million to the court. It cannot back such a blatant miscarriage of justice. I therefore urge the Administration to denounce the actions of the Cambodian government, and stress the importance of swift judicial decision-making in Case 002. I also believe that further U.S. funding of the ECCC should be conditioned, at the very least, upon an investigation in Case 003 that satisfies Prosecutor Cayley's requests. Failing to do so would reinforce the sense of impunity currently enjoyed by those former Khmer Rouge commanders, who have not been held accountable for their actions. It also sends the wrong signal to others who might contemplate similar acts of brutality.

Thank you for your attention to this issue.

Sincerely,

EDWARD R. ROYCE

Sacrava's Political Cartoon: US Rep. Ed Royce

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

US Representative Blasts ‘Slow Progress’ of Tribunal

US Rep. Ed Royce (R-CA) at the podium

Tuesday, 05 July 2011
Sok Khemara, VOA Khmer | Washington, DC

“This is very slow progress for a court that is eight years old and has received hundreds of millions of dollars in funding from the international community.”

Ed Royce, a House Republican from California, said the UN-backed tribunal in Phnom Penh has cost millions of dollars, tried only one man, and was leaving Cambodians in America frustrated by its lack of effectiveness.

“There is an expression used in the US, ‘Justice delayed is justice denied,’” he said in an e-mail Friday. “I’m afraid that may be the case in Cambodia.”

The court has come under increased criticism for its handling of the cases against Khmer Rouge leaders, including from victims groups in the US and Cambodia.

“This is very slow progress for a court that is eight years old and has received hundreds of millions of dollars in funding from the international community,” Royce wrote in response to questions. “The US Congress has expressed its concern over the corruption and mismanagement. Unfortunately, the court is also suffering from political interference at the highest levels.”

RFA Forum to be held in Southern California, please attend to voice your concerns

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Dear All,

Congressman Ed Royce of 40th district which includes Fullerton , Anaheim , Buena Park will host a Radio Free Asia (RFA) Forum on Thursday Aug 12, 2010 from 3:00 to 5:00 pm.

It will broadcasted on RFA for people around the world to listen. It is important for the Cambodian community to join and voice their concerns.

It would be greatly appreciated if you could come and join this important event.

Thank you!

S.S.

Royce Disappointed by Trafficking in Persons Report Designation of Cambodia

US Rep. Ed Royce (R-California) at the lectern

Today, the U.S. Department of State released its 2010 Trafficking in Persons Report, a document that catalogues abuses of modern day slavery throughout the world

(From PoliticalNews.me)
Washington, Jun 14

"Having heard scores of accounts from NGO’s and from eyewitnesses, the Cambodian government’s corruption often hampers trafficking investigations, and at worse, covers up the problem. Rewarding Cambodia, as the State Department Report does, only hampers efforts to curtail human trafficking. I’d like to see my colleagues join me in pressing this issue by cosponsoring my resolution, H.Res.820," said Royce.

Today, the U.S. Department of State released its 2010 Trafficking in Persons Report, a document that catalogues abuses of modern day slavery throughout the world. The Report’s cataloging of abuses – and the categorizing of countries - can bring about change in some countries; the threat of sanctions on the most severe violators is also an important tool.

"While this report brings much needed attention to the plight of some of the world’s most marginalized women and children, I regret that it appears that some countries like Cambodia have gotten a pass," said Royce.

Citing it as a destination country for commercial sexual exploitation, the State Department had listed Cambodia as a "Tier 2 Watch List" country in its previous report. Despite an abundance of evidence that these problems still exist, Cambodia was upgraded one position. This will prevent automatic relegation to the lowest category (Tier 3) if next year it is once again listed as a Tier 2 Watch List country.

"The 2010 report cites Cambodian children being trafficked to Thailand and Vietnam for forced labor, the sale of virgin girls ‘continues to be a serious problem,’ and a significant number of Asian and foreign men ‘travel to Cambodia to engage in child sex tourism.’ Furthermore, the report cites that police and judicial officials are both ‘directly and indirectly involved in trafficking.’ And under these conditions, the State Department saw fit to upgrade Cambodia? We need to be sending a much stronger message that these forms of modern day slavery and unacceptable," said Royce.

Following a Tom Lantos Human Rights Commission hearing entitled "Human Rights and the Rule of Law in Cambodia" held last year, Rep. Ed Royce introduced a House Resolution – H.Res.820 - condemning Cambodian corruption and the role it plays in furthering human trafficking.

"Having heard scores of accounts from NGO’s and from eyewitnesses, the Cambodian government’s corruption often hampers trafficking investigations, and at worse, covers up the problem. Rewarding Cambodia, as the State Department Report does, only hampers efforts to curtail human trafficking. I’d like to see my colleagues join me in pressing this issue by cosponsoring my resolution, H.Res.820," said Royce.

Rep. Royce is a senior member of the House Foreign Affairs Committee, and is an active member of the Tom Lantos Human Rights Commission.

Congressman Warns Against Opposition Attacks

US Rep. Chris Smith (R-NJ) and Ed Royce (R-Calif.)

By Sok Khemara, VOA Khmer
Original report from Washington
26 November 2009

"We may not agree from time to time, or I may not agree with people in opposition parties in the United States, but they should have the right to speak freely and to engage in debate and dialogue and to offer bills and resolutions." - US Rep. Chris Smith

[Editor’s note: Two US Republican congressmen, Chris Smith and Ed Royce, have admonished Cambodia’s recent lifting of opposition leader Sam Rainsy’s parliamentary immunity. The suspension, which follows criminal charges against Sam Rainsy for incitement and destruction of property, has deep implications for the development of democracy, they say. Smith recently sat with VOA Khmer for an interview in Washington.]

Q. What is the impact of Sam Rainsy’s immunity suspension on democracy and the opposition?

A. Removing the immunity and criminalizing [the opposition] as they have done on some defamation cases is a way of further marginalizing the opposition parties and clearing the way for your party to do whatever it wants, without having to be held accountable.

We have what we call free speech and debate clauses in the Congress, which allows us to speak on any subject without fear of prosecution, and it is precisely the free speech and debate clause that allows us to be protected from defamation and the criminalization of differences of viewpoints.

We obviously can be sued elsewhere, but it allows for the most vigorous of debates in Congress, so we can say what we want to say without fear of being criminalized by the opposition party or by someone else. And it really has made an enormous difference in this democracy called the United States of America, in having the most robust debates imaginable.

So I think there is a warning here, whether it be defamation or whether it be a case like Mr. Rainsy.

If they steal or do something or commit murder, obviously, immunity is neither here nor there. But on something like this it seems like a very bad step in the wrong direction.

Q. The government has said the suspension is a legal action. It follows similar instances for two other opposition parliamentarians. If these continue to happen, what will be the effect on US and other international relationships with Cambodia?

A. I think it’s bringing attention, and I think from Cambodia’s point of view unwanted attention, to whether or not the opposition parties are allowed to speak out and conduct themselves on policies. And again when you criminalize behavior of opposition parties you run the risk of losing democracy over a period of time.

Q. In October, four congressmen drafted a resolution censuring Cambodia for its corruption and rights abuses. Do you support that resolution and what have you learned from it?

A. Two of my closest friends [in Congress] are sponsors of it. An Joseph Cao [a Republican from Louisiana], who is the first Vietnamese-American ever to serve in the United States Congress is the one of the sponsors, and Frank Wolf [a Republican] from Virginia is the other. It seeks to put the spotlight on human rights abuse and corruption in Cambodia. I have long been concerned with the trafficking issues in Cambodia, particularly of children. It remains a very serious problem in Cambodia, where people are bought and sold, and the government needs to do much more to stop modern day slavery in Cambodia.

Q. What is your message to the Cambodian people in general and the opposition in particular?

A. We may not agree from time to time, or I may not agree with people in opposition parties in the United States, but they should have the right to speak freely and to engage in debate and dialogue and to offer bills and resolutions. I don’t always like the outcome that happens in the US Congress, but I have the opportunity as a congressman to change it, and that’s all you can ask for. You can’t guarantee the results, but the process has to be protected so that all viewpoints have a place at the table.

Q. Cambodia and Thailand are currently engaged in a diplomatic row and a border dispute. What is your advice to both of these countries in resolving them?

A. I think all regional actors, especially the US, should try to make sure that it is worked out at a table. We can’t dictate an outcome in the US, but we can encourage dialogue, and that’s what we should do.

US resolution criticises govt

Tuesday, 13 October 2009
James O’toole and Chrann Chamroeun
The Phnom Penh Post

FOUR American lawmakers have submitted a resolution in the United States Congress condemning the “pervasive corruption” of the Cambodian government following a hearing in Washington last month that assessed the Kingdom’s human rights situation.

On September 10, three Cambodians – Sam Rainsy Party parliamentarian Mu Sochua, Licadho rights group president Kek Galabru and Community Legal Education Centre labour programme head Moeun Tola – testified in front of the Tom Lantos Human Rights Commission, a US congressional body that monitors international human rights norms. All three offered pointed criticisms of the Cambodian government, with Mu Sochua testifying that democracy in Cambodia is currently experiencing “an alarming free fall”.

On Thursday, California congressman Ed Royce submitted a three-page resolution on behalf of himself, Tom Lantos Commission co-chairman Frank Wolf and congressmen Jim Moran and Joseph Cao, accusing the Cambodian government of a litany of human rights abuses.

The resolution registered particular concern over the July 2008 murder of opposition journalist Khim Sambo and the August defamation conviction of Mu Sochua, and cited the Global Witness rights group’s description of Cambodia as a state “run by a kleptocratic elite that generates much of its wealth via the seizure of public assets”.

Cambodian People’s Party (CPP) lawmaker Cheam Yeap called the resolution “slander”, and reiterated the CPP complaint that the American hearing was biased because representatives of the Cambodian government were not invited to testify.

“The US House of Representatives should focus on its own work rather than interfering with Cambodia’s Assembly,” Cheam Yeap said, adding that the resolution had “damaged [Cambodia’s] reputation”.

Witnesses voice approval

Moeun Tola said he welcomed the resolution and hoped that its focus on corruption would spur speedy passage of the long-promised anticorruption law.

“One of the biggest problems for business in Cambodia is corruption,” he said, adding: “If we have full respect of investment laws and [other] existing laws, we can have full trust from foreign investors.”

Though the Congressional motion lacks legal force, Mu Sochua noted, it is a sign of the success of last month’s hearing in raising awareness of the challenges facing Cambodia.

“Although the resolution is not binding, it is an acknowledgement by the signatories that the situation of human rights, corruption, rule of law and human trafficking is of grave concern,” she said.

Rep. Royce Meets with Cambodian Parliamentarian Mu Sochua

Congressman Ed Royce (R-CA) speaking at the lectern

September 11, 2009

FOR IMMEDIATE RELEASE
Contact: Audra McGeorge (202) 340-8147

Human Rights Commission Hears Testimony on Human Rights Violations in Cambodia

WASHINGTON, D.C. -- On September 10, 2009, Rep. Ed Royce (R-CA), attended a hearing held by the Tom Lantos Human Rights Commission entitled, "Human Rights and the Rule of Law in Cambodia." Among the witnesses testifying before the commission was Cambodian Parliamentarian, Mu Sochua a member of the Sam Rainsy Party.

At the hearing, Ms. Sochua told of the alarming freefall of democracy in Cambodia. Corruption is endemic and there is little respect for the rule of law. Witnesses testified that Cambodia has backtracked to the point of becoming a virtual one-party country. Especially troublesome has been the crackdown on freedom of speech. Any criticism of the ruling party is met with severe repression, a lesson Ms. Sochua learned the hard way.

"Having met with Ms. Sochua prior to the hearing, and having heard of the dubious charges being brought against her by the ruling party in Cambodia for defending her good name, I know that she risked much to shed light on the egregious human rights violations in her native country," said Royce.

The Commission also heard of the continuing challenge facing the country with human trafficking. Every year, hundreds of girls are sold into brothels, forced to work as sex slaves. Many of these girls, some as young as 13 years old, are lured away from home under false pretenses and kept under horrific conditions. Those that do not do as they are told are starved or tortured.

"While admirable work is being done by NGO's in Cambodia to put an end to this practice, human trafficking will continue to flourish without an end to the endemic corruption that plagues the country," said Royce.

Royce's Chief of Staff, Amy, travelled to Phnom Penh on a humanitarian mission to help girl children affected by the sex trade last year. She told of token government efforts to combat the problem, but that a lack of willingness to take serious efforts remains, as corruption is rampant.

Rep. Royce is a member of the Tom Lantos Human Rights Commission and is a senior member of the Subcommittee on Asia, the Pacific, and the Global Environment.

[US] Lawmakers speak out on human rights in Vietnam

State Department asked to put Vietnam back on the Countries of Concern list on religious freedom.

Tuesday, November 6, 2007
By DENA BUNIS
THE ORANGE COUNTY REGISTER (California, USA)

WASHINGTON - A group of bipartisan lawmakers Tuesday called on the Bush administration to put Vietnam back on the State Department's Countries of Concern list when it comes to religious freedom.

At a hearing on the state of human rights in Vietnam, lawmakers told a Foreign Affairs subcommittee that ever since Vietnam was granted most favored nation trading status and admitted into the World Trade Organization, human rights abuses have escalated.

"Now the Vietnamese have their desired trade status, yet they continue to harass and detain individuals who promote democracy, human rights and religious freedom,'' Rep. Loretta Sanchez, D-Garden Grove, told the panel. Sanchez and Reps. Dana Rohrabacher, R-Huntington Beach and Ed Royce, R-Fullerton, urged that Vietnam be put back on the list.

But the State Department's witness said progress has been made on the religious front even in the midst of a crackdown on political activists.

Being on the Country of Concern list "really suggests a very, very severe problem in religious freedom,'' said Scot Marciel, a deputy assistant secretary of state. "Our view is that Vietnam has made significant progress and failing to recognize that progress would send the wrong message, not only to Vietnam, but elsewhere.''

But Rep. Zoe Lofgren, D-San Jose, who like Sanchez represents a district with a large Vietnamese American population, was skeptical about Marciel's contention that there has been progress.

"I really don't see that we're pushing as hard as we should,'' Lofgren said. "Unless we come up with some teeth to what we're saying, the nose thumbing will continue.''

The House earlier this year passed the Vietnam Human Rights Act by a vote of 414-3. The bill would curtail future increases in foreign aid to Vietnam unless progress is made on human rights and other issues.

The measure is stalled in the Senate. Sen. Barbara Boxer, D-Calif., is expected to hold a hearing soon on the issue.

Contact the writer: (202) 628-6381 or dbunis@ocregister.com