Showing posts with label Failure in corruption negotiation between UN and Sok An. Show all posts
Showing posts with label Failure in corruption negotiation between UN and Sok An. Show all posts

Friday, April 10, 2009

Khmer Rouge court corruption issue unresolved

2009-04-10
By SOPHENG CHEANG
Associated Press


Talks between Cambodia and the United Nations on how to deal with allegations of corruption at their jointly run Khmer Rouge genocide tribunal ended without agreement, raising the possibility that donors will stop funding it despite compelling testimony that continued Thursday.

U.N. Assistant Secretary-General for Legal Affairs Peter Taksoe-Jensen and Cambodian Deputy Prime Minister Sok An had been meeting for three days to work out a mechanism to monitor corruption at the tribunal, which has begun trying one of five leading Khmer Rouge officials for crimes allegedly committed during the group's time in power in the late 1970s.

Taksoe-Jensen was the first to report the talks' failure when they ended Wednesday night.

Defense attorneys and human rights organizations say allegations that Cambodian staff at the court pay kickbacks to keep their jobs could sink the court's credibility if not resolved.

They also pose a financial threat since most of the foreign aid donors supporting the court refuse to pay staff salaries until the corruption questions are resolved.

Cambodian Cabinet spokesman Phay Siphan confirmed that no progress had been made in the talks.

"We did not sign any agreement with the United Nations," he said Thursday.

Phay Siphan insisted that there was no evidence of any corruption and the allegations were simply an attempt to discredit the tribunal or the government.

The talks broke down even as testimony continued in the U.N.-assisted tribunal's first trial, in which Kaing Guek Eav, 66, the chief of the group's main prison, stands charged with crimes against humanity and war crimes, as well as homicide and torture.

A Cambodian man told the court Thursday he was held captive in a deep communal dirt pit in a Khmer Rouge jungle prison for a year but survived by working for the commander digging graves for other inmates.

Ouch Sorn, 72, the first Cambodian survivor to testify, said when was let out of the communal pit he shared with about 20 men he saw inmates tied naked to poles, beaten, submerged in water during interrogation and executed by young pistol-wielding guards. He saw one woman pushed into a grave while still alive, he said.

Kaing Guek Eav, better known as Duch, listened anxiously to the testimony and told the judges that the testimony was "not really accurate" and that the witness "spoke more than the truth."

Duch insisted that extreme torture was not used at the small prison he ran before being assigned to command Tuol Sleng, the most notorious prison in the regime, where 16,000 people were tortured before execution.

"There were no pliers, no pins and no nails were pulled," he said.

The witness said he never saw Duch execute anyone but saw him beat a woman unconscious, and "then he slapped his butt and he laughed."

Duch is the first senior Khmer Rouge figure to face trial, and the only one to acknowledge responsibility for his actions. Four more are in custody and scheduled to be tried sometime over the next year or two.

An estimated 1.7 million Cambodians died under the Khmer Rouge from executions, forced labor, starvation and medical neglect.

Corruption Allegations Affect Khmer Rouge Trials

April 9, 2009
By SETH MYDANS
The New York Times

BANGKOK — Even as Khmer Rouge trials in Cambodia gain momentum with compelling testimony from the regime’s chief torturer, allegations of corruption among the tribunal staff have slowed the international funding that keeps the process alive.

A United Nations envoy left Cambodia late Wednesday saying he had failed to reach an agreement with the government over internal mechanisms for the reporting of corruption allegations in the jointly administered trials.

The U.N. official, Peter Taksoe-Jensen, assistant secretary general for legal affairs, placed the blame on the government side, which he said was refusing to make a key compromise.

Five leading figures in the Communist Khmer Rouge have been arrested in connection with the deaths of 1.7 million people during their 1975-79 rule. The tribunal was established in 2006, and courtroom hearings began last month.

The United Nations Development Program, which administers funding from donors including the United States, Japan, the European Union and Australia, is withholding the money, saying it is waiting for the issue to be resolved.

“It remains critical to the United Nations that the allegations of corruption and other misconduct are effectively addressed,” Mr. Taksoe-Jensen said in a statement.

The corruption allegations, together with an appearance of government manipulation of the judicial process, have thrown a shadow across the trials at a moment when they appear to be bearing fruit with gripping and self-incriminating testimony from Kaing Guek Eav, also known as Duch, the commandant of the Tuol Sleng torture house. In hearings this week, Duch, the first of the defendants to face trial, has portrayed himself as a dedicated and creative functionary in a hierarchy of terror and killing.

But an appearance of political interference has tainted the process since early this year, when a Cambodian prosecutor objected to widening the indictments beyond the five defendants who are already in custody. She gave political rather than judicial reasons for her objection, echoing positions that have been taken by the government.

Last week, Prime Minister Hun Sen took those positions a step further, saying he would rather see the trials collapse than have the number of defendants increase.

He cited the possibility of popular unrest, but foreign analysts said it was more likely he was seeking to keep control over a legal process that could lead in unpredictable and damaging directions.

“My greatest fear is that the tribunal will simply fade away from lack of funding — with the donors reluctant to fund a tribunal unable or unwilling to address the allegations,” said John A. Hall, a professor at the Chapman University School of Law in Orange, California, who has been monitoring the trials.

“In terms of what is happening inside the courtroom, this is an amazingly exciting time,” he said. But he added: “We shouldn’t pretend that progress can continue unless the corruption issue is dealt with.”

Just to get it to the end of this year, according to a revised budget forecast, the court needs new funding of $44.1 million in addition to the $56.3 million already budgeted.

The corruption allegations involve reports of kickbacks from Cambodian employees to Cambodian officials in return for their jobs, a system that reflects a common practice in Cambodia.

Such kickbacks might not affect the quality of justice at the tribunal, but they raise questions about the possibility of more damaging corruption, trial monitors say.

“Can you support a judicial institution that is willing to tolerate serious allegations of corruption without addressing them?” asked Heather Ryan, the Cambodia representative of the Open Society Justice Initiative, a legal monitoring group based in New York.

“Funding a court that is unwilling to address credible allegations of corruption is a significant problem,” she said. “It makes it appear that you are in some respect condoning the situation.”

The Cambodian side is insisting on parallel reporting mechanisms in which Cambodian staff report corruption allegations only to Cambodian officials. Critics say this system would have a chilling effect on whistle-blowers.

“The United Nations continues to believe that, for the ethics monitoring system to be credible, the staff should have the freedom to approach the ethics monitor of their choice and put forward complaints without fear of retaliation,” Mr. Taksoe-Jensen said in his statement.

“Such freedom of choice is an imperative element of a trustworthy ethics monitoring system,” he said.

The corruption allegations were originally made two years ago by the Justice Initiative and were followed by news media reports that Cambodian staffers had complained about having to make payments of as much as 30 percent of their salaries.

The United Nations has investigated the allegations — which the Cambodian side denies — and has come under criticism for refusing to disclose its findings.

The impasse over a corruption reporting mechanism reflects a broader problem at the tribunal, which has been in place for nearly three years: an uncomfortable and sometimes adversarial relationship between the Cambodian and foreign staffs.

“One problem in the court is that the two sides don’t trust each other,” said Panhavuth Long, a project officer at the Justice Initiative. “The national side and the U.N. side, after two or three years working together, have not established a network of trust that allows them to sit together and have a frank discussion.”

Civil society groups call for more graft protections as corruption talks stall

Apr 09, 2009
Posted by Elena
The Phnom Penh Post Blog


As you may have read in today's Post, the UN and Cambodian government have failed to reach an agreement on anti-corruption mechanisms at the court. The latest round of talks was seen by many as a "last ditch effort" to resolved the nagging corruption issue, which would unfreeze funds that are being withheld from the ECCC's Cambodian side.

Now the UN has said there will be no more negotiations.

Peter Taksoe-Jensen, UN Assistant Secretary for Legal Affairs, said the UN has left a proposal with Deputy Prime Minister Sok An to consider. What will happen if this proposal is not accepted in unclear.

The UN says it will strengthen its role in corruption monitoring as much as possible. But will this be enough to reassure donors and restore the tribunal's legitimacy?

That certainly won't be enough to satisfy members of civil society.

"We are concerned that the Cambodian Government is apparently reluctant to adequately address previous corruption allegations and to agree on an effective joint mechanism to deal fully and independently with any future corruption allegations," representatives from a number of civil society groups wrote Thursday.

They called on the UN and Cambodian government to resolve previous corruption allegations as soon as possible, and to "immediately agree on a joint mechanism to deal fully and independently with future corruption allegations."

On Thursday, DC-Cam Director Youk Chhang also sent a letter to Taksoe-Jensen, suggesting that he solicit the advice of Ambassador Thomas Hammarberg.

"I highly recommend that you engage [Hammarberg] to meet with UN staff both in Phnom Penh and New York so that he can share his experiences negotiating with the Cambodian Government for the establishment of the Extraordinary Chambers," he wrote. "In my view, the difficulties he faced in reaching an agreement with the Government were much more severe than those faced today at the Extraordinary Chambers."

Meanwhile, the Trial Chamber heard from its first witnesses -- including former M-13 prisoner Francois Bizot -- Wednesday and Thursday. I will write more about their testimonies tomorrow.