Monday, July 17, 2006

Ta Mok's background by Trial Watch


context : Cambodia
judgement place : Cambodia
status : Indicted
particulars : Awaiting trial before the Extraordinary Chambers for the crimes committed by Khmer rouge in Cambodia
position : Member of the Central Committee of the Cambodian Communist Party

Fact Sheet

also known as : Chhit Choeun
last time seen : Phnom Penh (Cambodia)
charges : Crimes against humanity, Genocide

Facts - Legal procedure

Ta Mok was arrested on 6 March 1999, and transferred to a prison in Phnom Penh. His arrest came just two days after the publication of an UN report recommending the establishment of an International Criminal Court.

When he was arrested, he was accused of breaking the 1984 law banning the Khmer Rouge Movement.

In August 1999, the Cambodian Parliament passed a law allowing the trial of Ta Mok to be postponed for a period of six months to three years. On 7 September 1999, Ta Mok was accused of genocide, by virtue of a decree promulgated in 1979, following the collapse of the Khmer Rouge regime.

In January 2001, Ta Mok was hospitalised with problems related to high blood pressure.

In February 2001, a commission was set up to oversee the health of the Accused. It was made up of two doctors, the head of the military police and the prosecutor of the military tribunal.

On 17 November 2001, the Cambodian Prime Minister, Hun Sen declared that he would ask parliament to prolong the detention period for the former Khmer Rouge leader, Ta Mok, in order to await the opening of the trial of those responsible for initiating the genocide. According to the news agency AFP, the Prime Minister considers that “Ta Mok can not be allowed to go free”. Imprisoned since 1999, he was scheduled to be freed in March 2002 according to the terms of Cambodian legislation which provide for release from prison after a period of three years without trial.

On 22 February 2002, Ta Mok was charged with crimes against humanity. This indictment had the effect of prolonging the period of preventative detention, fixed at three years.

Meanwhile, on 13 May 2003 the United Nations General Assembly adopted a resolution approving a proposed agreement reached between the UN and Cambodia concerning the prosecution of those holding major responsibility for the crimes committed between 1975 and 1979 (A/RES/57/228/B). The agreement provides for the setting up of Extraordinary Chambers, integrated into the existing judicial system, and in which International judges would also preside. The agreement still then required the ratification by Cambodia to come into effect.

On 4 October 2004, the Cambodian Nation Assembly ratified this treaty. On 27 October, the treaty was proclaimed into law by the King.

Financing for the administrative costs of the Extraordinary Chambers has almost been found and the trials could start in 2007.

In the meantime, Ta Mok is still being held. He is the only person of importance, in addition to Kaing Khek Lev (aka Duch, the Director of No 21 Torture Camp) to be held in detention.

No comments: