Some of those responsible for Cambodia's killing fields may finally be about to face trial, writes John Aglionby
Tuesday May 16, 2006
Guardian Unlimited (UK)
After years of procrastination, argument and tough negotiations between Phnom Penh and the United Nations, officials are now confident the start of the tribunal to try members of the country's brutal former Khmer Rouge regime is just weeks away.
King Norodom Sihamoni announced the names last week of the judges and prosecutors - 17 locals and 13 foreigners - who will jointly preside over the extraordinary chambers in the courts of Cambodia, as the tribunal is formally called. Prosecutors are expected to start work towards the end of June and the first trials are predicted to begin early next year.
The prosecutors, one of whom is Cambodian and one foreign, will have complete freedom to determine how many of the fanatical communist movement that ruled Cambodia form 1975 to 1979 will be investigated. During the Khmer Rouge's four years in power an estimated 1.7 million people out of a national population of some 7.1 million were either killed or died of starvation.
"The planning figure is five to 10 [defendants] but we can't anticipate the prosecutors' strategy on this," tribunal spokesperson Helen Jarvis told Guardian Unlimited. "It will be completely in their hands."
Pol Pot, the regime's leader who was known as Brother Number One, died in 1998. Only two former leaders, Ta Mok and Kang Keng Ieu, dubbed Duch, are in detention on genocide charges. Brother Number Two Nuon Chea, the former head of state Khieu Samphan and the former foreign minister and Brother Number Three Ieng Sary are the most prominent Khmer Rouge members living freely in Cambodia but all pardons and promises of immunity now count for nothing.
"No one is free from prosecution," Ms Jarvis said. "That is what the word extraordinary in the title means."
Cambodia's current prime minister, Hun Sen, was a junior Khmer Rouge cadre but it is thought to be highly unlikely he will be prosecuted.
The tribunal will be based on the justice system of France, Cambodia's former colonial power. The prosecutors will prepare a "request for information" for the two investigating judges - one of whom is Cambodian and one foreign.
Their role, according to Ms Jarvis, is "more akin to a grand jury [in the United States] or a pre-trial evaluation". "It's their job to see if there's enough evidence to go to a full trial," she said.
Two of the major stumbling blocks have been jurisdiction and funding. Fearing Cambodia's notoriously corrupt justice system and its poorly trained workers would not deliver trials of international standards, the UN refused to allow the host nation to control proceedings. The final compromise involves panels where the majority of judges are Cambodian but no verdict can be reached without the agreement of at least one international judge.
Much of the delay in recent years has been over funding the £30.5m tribunal. It was eventually agreed that the UN would cover £23.25m and Cambodia the rest, but within weeks Hun Sen reneged on the deal and asked donors, who already provide almost half the Cambodian government's budget, to stump up £5.2m of his nation's £7.2m share of the costs.
Ms Jarvis said the tribunal is still up to £2.7m short. "But we've got sufficient [funds] for the first two years and [the shortfall] is not regarded as an impediment to proceeding."
The huge unknown is whether the tribunal will both deliver justice and provide closure for a nation where virtually no one survived unscathed by the brutality and barbarity of the ruling class.
"For years we thought nothing was going to happen, that the talk of the tribunal was just that, talk," said taxi driver Khieu Moha. "Now it seems that trials really are going to happen. Everyone wants justice even though the killing happened more than 25 years ago. Let's hope this court can give us something."
King Norodom Sihamoni announced the names last week of the judges and prosecutors - 17 locals and 13 foreigners - who will jointly preside over the extraordinary chambers in the courts of Cambodia, as the tribunal is formally called. Prosecutors are expected to start work towards the end of June and the first trials are predicted to begin early next year.
The prosecutors, one of whom is Cambodian and one foreign, will have complete freedom to determine how many of the fanatical communist movement that ruled Cambodia form 1975 to 1979 will be investigated. During the Khmer Rouge's four years in power an estimated 1.7 million people out of a national population of some 7.1 million were either killed or died of starvation.
"The planning figure is five to 10 [defendants] but we can't anticipate the prosecutors' strategy on this," tribunal spokesperson Helen Jarvis told Guardian Unlimited. "It will be completely in their hands."
Pol Pot, the regime's leader who was known as Brother Number One, died in 1998. Only two former leaders, Ta Mok and Kang Keng Ieu, dubbed Duch, are in detention on genocide charges. Brother Number Two Nuon Chea, the former head of state Khieu Samphan and the former foreign minister and Brother Number Three Ieng Sary are the most prominent Khmer Rouge members living freely in Cambodia but all pardons and promises of immunity now count for nothing.
"No one is free from prosecution," Ms Jarvis said. "That is what the word extraordinary in the title means."
Cambodia's current prime minister, Hun Sen, was a junior Khmer Rouge cadre but it is thought to be highly unlikely he will be prosecuted.
The tribunal will be based on the justice system of France, Cambodia's former colonial power. The prosecutors will prepare a "request for information" for the two investigating judges - one of whom is Cambodian and one foreign.
Their role, according to Ms Jarvis, is "more akin to a grand jury [in the United States] or a pre-trial evaluation". "It's their job to see if there's enough evidence to go to a full trial," she said.
Two of the major stumbling blocks have been jurisdiction and funding. Fearing Cambodia's notoriously corrupt justice system and its poorly trained workers would not deliver trials of international standards, the UN refused to allow the host nation to control proceedings. The final compromise involves panels where the majority of judges are Cambodian but no verdict can be reached without the agreement of at least one international judge.
Much of the delay in recent years has been over funding the £30.5m tribunal. It was eventually agreed that the UN would cover £23.25m and Cambodia the rest, but within weeks Hun Sen reneged on the deal and asked donors, who already provide almost half the Cambodian government's budget, to stump up £5.2m of his nation's £7.2m share of the costs.
Ms Jarvis said the tribunal is still up to £2.7m short. "But we've got sufficient [funds] for the first two years and [the shortfall] is not regarded as an impediment to proceeding."
The huge unknown is whether the tribunal will both deliver justice and provide closure for a nation where virtually no one survived unscathed by the brutality and barbarity of the ruling class.
"For years we thought nothing was going to happen, that the talk of the tribunal was just that, talk," said taxi driver Khieu Moha. "Now it seems that trials really are going to happen. Everyone wants justice even though the killing happened more than 25 years ago. Let's hope this court can give us something."
7 comments:
Let make it right Yaun = People Republic of Viet Name.
Do not call them Youn they just peasant. The Bad on is Communist People Republic of Viet Name!
The ignorance and hatred displayed by the previous two posters is a prime example of why the KR trail is so important.
The KR used ignorance and hatred to rise to power. They used to it to make everyone suspect each other of being Vietnamese agents- while they murdered millions to keep themsleves in power.
Its time to put the things that happened on the record and stop using Vietnam or anyone else as an excuse for what happened here. Its time for truth. Lets hope the KR trial will deliver it and silence the ignorance of folks like the first two posters.
You Stupid 9:45AM, are you still thinking we Cambodian as kid?
How can XXX khmerrouge and Viet Name poppet, judge the actions of their pass?
And wy do you get so upset, because we say the Viet was invole in the crime?
You, Viet Name Cong Chor, try to change the fact?
Befor 1970 you, Viet Cong and Hanoi Regular ilegally used Cambodia as your route (Ho Chimin Trail) and Base! When we asked you , Viet Name, to get out of our land, that when you started to attac us! and you greated khmerrouge!
You, then called Viet Minh, planed to create khmerrouge long time ago (you Prick have too many name, you must up to something no good!)
You, Viet Name or Viet Minh, kidnaped Cambodia'kids to greate khmerrouge since the 50's, You kidnaped Mr. Pen Sovan, Koe Chinda, Koe Mony and so on. You, Viet Name killed some of those Kidnaped kids and jailed some of them, because they revoled again Viet Name ocupation of Cambodia!
By the way all the world know that you, Viet Name Greated khmerrouge from Ignorance Cambodia,. You Viet Name and China killed good Khmer like Hu Yun and Hu Nim, you, Viet Nam and China keep the stupid one like Pol Pot to kill Khmer and educated Cabodian.
Can you see if you are not a Viet ....? (Too many name this f...shit): They the Viet Name Communist, Pol Pot, and the Viet Name Communist poppet ( Hun Sen), started as one group to fight the Khmer Repuplic.
After they killed (I think more than 3 millions Cambodian) they breakup and start to point at each other ( after they finish the meal they try not to do dishes), can You see Viet ....? ?
They are ONE (Viet Name Communist, Pol Pot Group and Hun Sen Gainsters) Now they are joint together again, every Cambodian know that! do not try to hide Viet!
The khmerrouge live in Pailin under Hun Sen(your Viet's poppet) protection, Most of Hun Sen top possitions in the poppet gorvrnment are ex second line of bad khmerrouge! We know that you Prick!
And those Judges that we do not like are educated from your smelling places, Hanoi or Ah Ho Chiminh City!(the second one use to be a beautiful place call Prey NorKor, it belong to Cambodia)
Most of the time human can not give justice to the present time, but GOD will do us justice some day!
Real justice is not from human, but will do from God!
Mean time Son of Cambodia you should know who is the real killer of your Nation.
For me, I know the Viet.... is one of the killer!!!!!!!!!!!!!!!!!!!
NO the Khmerrouge killed us, not because they said we were Viet Namese spy, but becuase we were people from the city, (protekiriya)(dork min khat tok min chranegn), May their soul stay in hail forever all the killers.
We are the Khmer Rouge survivors, please be restrained. Forgive or forget and look for our future. It will be an endless debate to find out who is a mastermind of the killing field.
Let the justice serve our people.
Justice is just cover, face, skindeep issue. We cambodian should talk of what we know and think so we not going to be victimized again!
Stay to the Free Speach, it is right thing to do for Free People!
we want Free World, Free Country in Cambodia, not just free for the Viet Name to come and go!
when you talking about just in cambodia...there is no justic at all..b/c in the communist countries..there is no law of just in their constitutions,,so if you want to find just ..you all should go to the UN, US or australia or the swissland whose country the carry the real law of the people, or the law of human right, the you will find justic for sure..but how if you are the poors, and can't even find foods to survives, and another thing,,one when sam raingsy sued hun sen in the US court, the Cambodian court convicted him as criminal...so is that you call freedom .right?..that's why i always say..in order for khmer to have justic or freedom for the people..khmer must fight to throw the communist leaders out of Cambodia,,then the just will come by itself...remember just my opinion..b/c i care about Cambodia..
Post a Comment