When will court air its "dirty laundry?"

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

March 14, 2009
Posted by Elena in ECCC
The Phnom Penh Post.blogs

As the court's Cambodian side nears bankruptcy -- and funding to pay its staffers' March salaries remains uncertain -- the need to address corruption at the tribunal becomes increasingly urgent. Numerous donors have said they will not pledge money to the court's Cambodian side until this issue is satisfactorily resolved.

The Defense Support Section issued the following statement about corruption allegations at the court at the close of this month's plenary session:

"The DSS welcomes the statement by the international judges affirming their concern about unresolved allegations of corruption within the ECCC. This reinforces their position at the last Plenary that kick-back allegations must be dealt with 'fully and fairly [...] and in a transparent manner' and will be a comfort to all those who fear that the administration of justice within the ECCC may fall prey to political compromise."

When the tribunal's fifth plenary session opened March 2, Judge Silvia Cartwright vowed that international judges would not let corruption "interfere with the tribunal's delivery of justice for the people of Cambodia."

In late February, local media publicized a German report in which the tribunal's UN administration chief was quoted saying that Cambodian staffers were forced to pay kickbacks for their jobs. The revelations in the report sparked additional press coverage and raised ever more daunting questions about the ECCC's legitimacy.

"The latest revelations about alleged misconduct and corruption at the Khmer Rouge tribunal have startled even its most jaded critics," scholar John Hall recently wrote in the International Herald Tribune. "Indeed, the nature of this dirty laundry suggests that the UN-backed tribunal is so deeply flawed that its very existence needs to be reevaluated."

Hall has previously written that apparent political interference regarding additional prosecutions at the court could also cripple the tribunal's international reputation.

Interestingly, in a statement this week, Minister of Information Khieu Kanharith told reporters that the court should focus on speeding up trials for the five defendants already in custody instead of pursuing additional prosecutions. This appears to mirror the sentiments of Cambodian Co-Prosecutor Chea Leang, whose opposition to additional prosecutions is viewed by many as a politically motivated stand.

Judges should focus on current KR suspects: govt

Minister of Information and government spokesman Khieu Kanharith. (Photo by: SOVANN PHILONG)

THURSDAY, 12 MARCH 2009
Written by Neth Pheaktra and Georgia Wilkins
The Phnom Penh Post

A SPOKESMAN for the Cambodian government on Wednesday lashed out at foreign judges at the Khmer Rouge tribunal, saying that instead of "dragging their feet" over issues like detaining more suspects, they should think about accelerating the trials of the five suspects they already have in jail.

Minister of Information Khieu Kanharith told the Post after speaking on a local radio station Wednesday that the tribunal should "just go ahead with the first few [trials] to show that [the court] is working".

"Because [foreign judges] have a lot of money, they can afford to drag their feet.... The longer they drag their feet, the more money they get," he said.

"Every day it's another issue. It's unacceptable.... The most important thing is just to start.... We cannot please them all the time," he added.

International co-prosecutor Robert Petit has announced that he wants to bring more former Khmer Rouge leaders to court, but Cambodian co-prosecutor Chea Leang disagrees, citing a perceived threat to national stability. The issue is now in the hands of judges at the pretrial chamber, who have no deadline to make a decision.

Petit told the Post that he was unconcerned about the comments.

"He's allowed to have his opinion, just like any other Cambodian," he said.

Co-investigating Judge Marcel Lemonde said he did not want to be involved in any dispute between the government and the court.

"We do not want to comment on the Cambodian government official's declaration. We would not want to create a polemic over this issue," he told the Post.

Judges announced last week that the Cambodian side of the court would go bankrupt this month without more infusions of donor funds.

In the earlier radio interview, Khieu Kanharith suggested that the Cambodian government would have enough money to cover costs alone if UN or donor funds did not come through, given that they would not have to pay the large salaries of foreign judges.

But Helen Jarvis, public affairs officer at the court, said it was "not up to the government" to give more money.

"I think most donors are aware we are out of funds, so we are hopeful."