With Jarvis' new position, KRT reaches a new low

Thursday, 11 June 2009
Written by Noman Pentelovitch
Letter to The Phnom Penh Post

Dear Editor,

With Dr Helen Jarvis' appointment as the head of the Victims' Unit, the ECCC has reached a new and baffling low point in what has already been a process marred by alleged corruption and incompetency.

Dr Jarvis formerly managed the Public Affairs Section, a unit with the responsibility to "inform Cambodians throughout the country about the work of the Court generally ... [and] to facilitate their understanding and involvement...." Unfortunately, under her leadership the Public Affairs Section devoted a vast majority of its outreach resources to ill-advised efforts that did not reach a significant number of Cambodians, including printing expensive T-shirts and caps, desk calendars and posters that were heavily criticised for their confusing messages. These activities were a waste of limited resources and, as has been repeatedly pointed out, have done little to accomplish the stated goals of the Public Affairs Section.

The Victims' Unit is a unique innovation in international criminal law that informs survivors about and facilitates their participation in Court proceedings. Most importantly, its work is believed by many to be the best vehicle for ensuring the people of Cambodia feel that justice is being done for and by Cambodians, not by a disconnected international body for the "greater good" of international law.

Such a compelling mandate requires an equally compelling leader, a Cambodian with experience working with victims, and with an ability to prioritise resources and goals appropriately. Dr Jarvis does not have the relevant professional experience and has not demonstrated the necessary qualities in her role as head of the Public Affairs Section to lead the Victims' Unit.

When the dust settles on the proceedings before the ECCC, the measure of its success or failure in the eyes of Cambodian survivors may well rest on the efficiency, organisation and compassion of the Victims' Unit. If it is run with the same lack of energy, insight and care with regard to actually reaching Cambodians that has thus far characterised the work of the Public Affairs Section, however successful the prosecutions may be, the ECCC will fail to realise its full potential.

The voices of Khmer Rouge victims have been stifled for so long; to allow them to fade now only deepens the tragedy.

Noman Pentelovitch, Legal associate
Documentation Center of Cambodia

Survivors tell of Khmer Rouge genocide

LONG BEACH: Testimony being collected may be used in tribunals of regime officials.

03/27/2009
By Greg Mellen Staff Writer
Long Beach Press Telegram (California, USA)

LONG BEACH - Every night they come to her: the spirits of her family, slaughtered by the Khmer Rouge and asking for her help.

As Sath Um tells her story, she covers her eyes and ears, describing the visions and sounds of the souls of her husband, three children, parents and siblings. They are just a few of the estimated 2 million left dead during the reign of the Khmer Rouge government in Cambodia.

On Friday, Um said she was getting a chance to answer her family's pleas.

The Cambodian genocide survivor, the last in her family, was one of about 50 Cambodian elders who showed up at McBride Park for the chance to give testimony and information that is being collected and could be used as part of the official proceedings in the Khmer Rouge war tribunals in Cambodia. It will be delivered to the Victims' Unit of the Extraordinary Chambers to the Courts of Cambodia, which is overseeing the trials.

The participants at McBride Park, most of them members of the Asian Pacific Islanders Older Adult Task Force, are the first in the United States to provide such testimony.

"It's for (my family), to find justice for their souls," Um said of her reasons for attending.

Chanthan Pich, another participant, says she is one of only two survivors among a dozen in her family and knows many families with no one left to speak for them. That's why she is participating.

Um very nearly didn't survive the genocide. She was clubbed on the head, stripped and left for dead in one of the many killing fields strewn across the Cambodian countryside. Miraculously she survived, fled and eventually immigrated to the U.S.

Friday's testimony gathering was organized by the Applied Social Research Institute in Cambodia, which brought volunteers and translators to meet with elders to compile the stories and information.

Dr. Leakhena Nou, the founder of ASRIC, hopes to build on Friday's success and organize more such events. Her group is working with others to arrange similar efforts in other Cambodian-American communities, including Lowell, Mass.; Chicago; Portland, Ore.; and Virginia/Washington, D.C.

Before the written testimonies were gathered, a half-dozen or so survivors told their tales of survival.

For Aaron Va, who works with the Older Adults Task Force, hearing the testimonies was moving.

"Many of the programs we provide, the computer (training) and the dancing, they help on the outside," Va said. "But I feel there is something deep inside my people. And I think this brings out something deep."

All victims and relatives of victims of acts of genocide during the Khmer Rouge reign have the right to file complaints with the ECCC. However, to date only a few thousand have been filed in Cambodia, and almost none by international refugees.

The first tribunal in Cambodia is under way against Kaing Geuk Eav, also known as Duch, who allegedly oversaw mass torture and execution in prison camps, including the notorious Tuol Sleng, or S-21, camp.

Testimony in that trial is slated to begin Monday in Phnom Penh.

A second collective trial is to be held for alleged Khmer Rouge leaders Noun Chea, Khieu Samphan, Ieng Sary and Ieng Thirith. The court only takes complaints until 10 days before each trial. The second trial date has not been set.

It is unknown if there will be any more trials or defendants. For that reason, there is a sense of urgency to gather testimony, because this could be the last chance for it to be heard internationally.

People interested in testifying and groups with survivors who would like to become involved can contact ASRIC via e-mail at asric.apa@nyu.edu or by calling Nou at 562-985-7439.

On the Web

Those interested in following the proceedings at the Khmer Rouge tribunals have several online options to track the proceedings, which begin in Cambodia on Monday morning. (Note: Cambodia is 14 hours ahead of Long Beach. The 10 a.m. start time in Phnom Penh is 8 p.m. Sunday here.)

Two sites will have coverage are U.S.-developed www.CambodiaTribunal.org and the official courts Web site, www.eccc.gov.kh, which has information in English, Khmer and French.

The Cambodia Tribunal Monitor Web site, developed in Chicago, will contain tape-delayed video footage of the trials, news updates, official court documents and commentary from experts on the proceedings and current Cambodian politics, human rights and international law.

The ECCC site also has video and an array of court documents.

On Monday, the first of five named defendants, Kaing Geuk Eav, also known as Duch, is scheduled to face the court. Duch allegedly oversaw Khmer Rouge prison camps and torture centers, including the notorious Tuol Sleng, or S-21, in Phnom Penh.

During the Khmer Rouge rule, between April 17, 1975, and Jan. 6, 1979, it is estimated that upward of 2 million Cambodians were killed or died from starvation, overwork, disease and deprivation.

The United Nations-backed Extraordinary Chambers in the Courts of Cambodia is overseeing the proceedings.

The trial for the four remaining alleged senior Khmer Rouge officials has not yet been set and it is unknown whether more defendants will be named.

UN Reportedly Seeking Funds for Tribunal's Victims Unit

Mean Veasna, VOA Khmer
Original report from Phnom Penh
29 August 2007

The UN side of the tribunal is seeking funds to stand up it's Victim's Unit, observers said Wednesday.

The unit, which was added to the structure of the courts late, exists only in theory, under the technical rules of the tribunal, leading to widespread concern that victims will not be properly protected and will thus not participate in trials against former Khmer Rouge leaders.

At the conclusion of a meeting of civic groups and tribunal officials Wednesday, several rights advocates said the tribunal would be seeking funds to stand up a proper Victim's Unit.

The tribunal has been troubled since its inception, more than a year ago, and rights groups have warned for months the special courts are under-budgeted.

Tribunal officials will have to reconsider how much they are spending, experts said Wednesday.

Tribunal officials, including spokesman Peter Foster, could not be reached for comment.

Civil Groups to Meet Tribunal Officials Over Judge

Mean Veasna, VOA Khmer
Original report from Phnom Penh
28 August 2007

More than 30 local and international rights and aid organizations will meet with Khmer Rouge tribunal officials Wednesday to discuss the progress of the beleaguered process, officials said Tuesday.

Rights officials are concerned the Victim's Unit of the Khmer Rouge tribunal is not yet functioning, and will likely discuss this and other matters with tribunal staff.

Victims may not come forward if they are not protected, said Long Pahnavuth, of the Open Society Justice Initiative.

The tribunal has so far indicted only one man, Kaing Khek Iev, alias Duch, the head of the Tuol Sleng torture center in Phnom Penh and a relatively small cadre, but investigators have four more names for possible indictment.

Those suspects were expected to be indicted this month, but a flap over the Cambodian investigating judge, You Bunleng, who has now been appointed to head the national Appeals Court, has outside observers worried the process is stalled again.

You Bunleng's appointment could threaten the credibility of the tribunal, UN officials have said.