Four Khmer Rouge suspects face “questionable” genocide trail

(Photo: Flickr)

16 September 2010
By Lula Ahrens
Radio Netherlands Worldwide

Four former Khmer Rouge regime leaders will stand trial for genocide, war crimes and crimes against humanity at Cambodia's national, UN-backed war crimes court. The closing order was signed on Tuesday 15 September, allowing for the trial to begin in 2011. The Dutch lawyer of suspect Nuon Chea has serious doubts about the fairness of the trial. “I’m afraid it won’t meet international standards.”

The four are the most senior members of the hard-line communist movement still alive.

Former deputy to Khmer Rouge founder Pol Pot, Nuon Chea (84); foreign minister Ieng Sary (84), Sary’s wife and social affairs minister Iengh Thirith (78), and head of state Khieu Samphan (79) were indicted in December 2009. They have been in detention since their arrests in 2007.

Dutch lawyers
The Marxist Khmer Rouge regime wiped out nearly a quarter of the country's population between 1975 to 1979 in a bid to create an agrarian utopia. Up to two million people died from starvation, overwork or execution.

The current genocide charges relate specifically to the deaths of Vietnamese people and ethnic Cham Muslims under the Pol Pot regime. Estimates for the number of Cham who died under the Khmer Rouge range from 100,000 to 400,000. It is not known how many Vietnamese were killed.

One of the suspects, Chea, is defended by Dutch lawyers Victor Koppe and Michiel Pestman. Mr Pestman told Radio Netherlands that he expects the trial to start in April, and that it will probably last three years. “That excludes the appeal.” He added that from a statistical perspective, it is very likely that not all four suspects will live to hear the verdict. “Which is why one could wonder: what’s the point of this trial?”

“Unfair” trials
The Cambodia tribunal is a UN-backed national tribunal that tries senior members of the Khmer Rouge regime for violations of both Cambodian and international law. It is composed of both local and international judges.

Mr Pestman wonders whether it was a good idea of the UN to allow a majority of Cambodian judges to serve at the tribunal. “There is a painful gap between them and the international judges,” he said. “I’m afraid that this trial won’t be fair, that it will not meet international legal standards.”

The court is still investigating whether to open more cases against five other former Khmer Rouge cadres, but faces political and financial pressures. Prime Minister Hun Sen has said further trials could drive the country back to civil war.

Government influence
Cambodia is a one-party state that has been in power since 1979. Its judiciary has an ambiguous record. Mr Pestman wonders to extent it is able to free itself from that tradition.

“Ultimately, the government decides whether or not more suspects will be prosecuted,” Mr Pestman said. “That tells you how far-reaching the government’s influence is.

Last Friday, the Pre-Trial Chamber rejected our request to interview more witnesses, which gives the impression that the Cambodian government is in charge of who is and who isn’t allowed to testify. The credibility of the preliminary investigation is being called into question, and that affects the reputation of the court as a whole.”

Petit and Lemonde
Canadian prosecutor Robert Petit resigned in September 2009, later explaining that efforts by the Cambodian government to influence the court and the decision whether or not to prosecute more suspects had led him to his decision.

Mr Pestman told Radio Netherlands his position as a Dutch lawyer is also difficult. "On the other hand, I am a whistle blower. I am here to make sure this trial does not turn into a farce. But if the situation gets worse, I might reach the point where I, too, decide to leave.”

Frenchman Marcel Lemonde, one of the tribunal's two co-investigating judges, announced Thursday 16 September that he was quitting to focus on other projects. He will be replaced by German Siegfried Blunk.

This will be the court's second trial, following the historic sentencing of former prison chief Kaing Guek Eav, alias ‘Duch’ (67), in July for war crimes and crimes against humanity. Duch was given a 30-year jail term for his role overseeing the executions of an estimated 15,000 men, women and children. He could be released in 19 years, because of the time already served.

Theary Seng's reply

NPC Newsmaker Theary Seng with author Chanrithy Him at the National Press Club (Washington, DC, 5 March 2010).

Please find below Ms. Theary Seng's reply to the following question asked by one KI-Media Reader:

"How so, Ms. Theary Seng, please?"

According to Theary Seng: "Were all Khmer Rouge involved in killings to be tried, the country could see instability, she said, echoing concerns of Prime Minister Hun Sen and other Cambodian court officials."

The statement above plays into mr. hun sen's manipulation of the khmer rouge tribunal. Over 1.7 millions lost their lives during the khmer rouge, yet Mr. hun sen cleverly manipulates the court by using the excuse such as "instability". Does the khmer rouge tribunal work for Mr. hun sen? No one should be exempted from the crime against humanity. If you committed a crime you must be punished, regardless of circumstances.

4:50 AM

The Khmer Rouge Tribunal (or formally, the Extraordinary Chambers in the Courts of Cambodia, ECCC) can only provide “symbolic”, “proximate” and “selective” justice, not perfect, comprehensive justice.

To try only 5 (with the real possibility of an even more narrow possibility of Duch being the sole scapegoat!) is not enough; to try everyone—which could be in the thousands theoretically—is not practical, realistic or beneficial to the country; it works against reconciliation and would cause social and political instability.

There is no magic number of how many should be tried; an additional five to the existing five is not unreasonable. What is unacceptable is when politics interfere in the process and the Prime Minister acts as the prosecutor and the Judge.

The ECCC is a court of law which as a legal mechanism is greatly limited in its ability to provide legal accountability.

First of all, any court of law is limited by its narrow mandate to convict or to let go based on available evidence. And the limitations are further circumscribed by rules of procedure, evidentiary rules, courtroom decorum, arcane language/legalese and other fair trial rights.

Second, in addition to the general limitations, the ECCC is even more limited by the 30-year old evidence (lost, compromised or witnesses are dead or too fearful to come forward), charges of corruption, political interference, scope of the crimes and magnitude of crime scene, 3 different official languages, natural and ill-will delays etc.

Currently, the ECCC is detaining five individuals:

• (i) Case File 001: Duch under “those most responsible”, which has gone to trial and we are not awaiting the verdict, expected within the next several days; and
• (ii) Case File 002: Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith under “senior Khmer Rouge leaders”, whose trial is expected to start early next year 2011.

Before he left the ECCC, the international co-prosecutor Robert Petit pushed for the prosecution of an additional 5 individuals which the Cambodian co-prosecutor Chea Leang blocked. The issue went to the Pre-Trial Chamber which required a “super-majority” to block this matter form moving forward; that is to say, it needed one of the 2 international judges to vote to block this issue from going forward, which did not happen. These five individuals would comprise Case File 003 and Case File 004.

However, Prime Minister Hun Sen has expressly blocked this possibility: "If the court wants to charge more former senior Khmer Rouge cadres, [it] must show the reasons to Prime Minister Hun Sen” referring to himself in the third person. The political interference of the Prime Minister Hun Sen in this regard is unacceptable.

I am a bit swamped to provide a more detailed response than the above. But hopefully soon, I will have time to refine my outline from the various talks I’ve been giving at the World Bank and the National Press Club here in Washington, DC on the ECCC to shed further light on the matter.
____________
Theary C. SENG, from Washington, DC. temporarily

UN Prosecutor’s Departure Worries Observers

By Sok Khemara, VOA Khmer
Original from Washington
02 July 2009

The resignation of UN prosecutor Robert Petit from the Khmer Rouge tribunal will reverberate through the court’s proceedings, leaving an absence of leadership and the likelihood of more delays, local and international observers say.

Petit will leave the tribunal Sept. 1, as the UN-backed tribunal is in the midst of its first trial, for jailed Khmer Rouge prison chief Duch. Petit announced in June he was leaving for personal reasons. He had pushed for at least six more indictments at the court, to add to the five former leaders already on trial, and he had steered the UN prosecution throughout the initial arrests and charges of five former leaders of the regime.

“Petit’s departure creates an urgent need for leadership in the Co-Prosecutor’s Office,” James Goldston, executive director of the Open Society Justice Initiative, which has a court monitoring project, told VOA Khmer. “The next case, of four accused involving multiple crimes, is complex. Concerns are already arising about the length of time the investigation is taking.”

That case, No. 002, will try the four senior-most leaders of the regime, its chief ideologue Nuon Chea, head of state Khieu Samphan, foreign minister Ieng Sary and his wife, social affairs minister Ieng Thirith.

“A high-caliber leader in the prosecutor’s office is essential to ensure that this case is prepared for trial as soon as possible,” Goldston said.

Not only could that case be delayed, but the trial of Kaing Kek Iev, better known as Duch, who is facing multiple atrocity crimes charges for his role as head of Tuol Sleng prison, could also slow.

“If he’d left when the Duch trial was finished, there probably would not be a problem,” said Sok Sam Oeun, head of the Cambodian Defenders Project, which provides free legal services to Cambodians. “But when Duch’s case has not yet been completed, that can lead to problems for the next prosecutor.”

However, Petit is not leaving an empty office behind him, and some observers contend that the groundwork he laid will help his incoming replacement.

David Tolbert, a former special adviser to the tribunal and now at the US Institute for Peace, said Petit had served well in a challenging environment and was leaving behind an office that was well prepared for Duch’s trial and the trials ahead.

“On the international side, major strategic decisions have largely been made and can be implemented by the current team and the new co-prosecutor,” he said.

Caitlin Reiger, deputy director of the International Center for Transitional Justice, another tribunal monitor, noted that Petit’s departure won’t hurt the process, as long as it keeps moving and the UN and the government quickly appoint a replacement.

“What is most important is to have someone who is experienced with these types of cases, has a strong reputation for independence and understands the challenges facing the [tribunal],” Reiger said.

The next prosecutor should continue outreach for victims and ensure the court leaves “a positive legacy for the rule of law,” she said.

The tribunal has been dogged by allegations of corruption and mismanagement, and wrangling between the UN and Cambodian judges and prosecutors, even before a single suspect was arrested.

Cambodian staff have complained they pay kickbacks to high-ranking officials, and Petit’s counterpart, judge Chea Leang, has faced criticism for making what appear to be politically motivated decisions, following her rejection of Petit’s proposal to indict more suspects.

Chea Leang has said more indictments would destabilize the country, echoing remarks of Prime Minister Hun Sen that critics say are not grounded in legal criteria.

With Petit leaving, national judges may not work independently, said Kek Galabru, founder of the rights group Licadho.

“The resignation of an international co-prosecutor affects the reputation of the court,” she said, “and raises a lot of questions.”

“I regretted that [Robert Petit] is leaving”: Chea Leang's irony?

Resignation Not Due to Tribunal Discord: Prosecutor

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
24 June 2009

Robert Petit, who will resign as the UN’s prosecutor at the Khmer Rouge tribunal in September, told media Wednesday his decision was not based on an ongoing division with his Cambodian counterpart over further indictments of former regime leaders.

His resignation was “a fully private matter,” he told reporters, and “unrelated to my professional responsibility at the court.”

Petit has argued that six more suspects could be charged by the UN-back tribunal beyond the five former leaders of the regime already in custody. Cambodian prosecutor Chea Leang has said she worries more indictments could destabilize the country.

Concerns that his resignation, announced Tuesday, was a result of that disagreement were “unfounded,” he said.

Petit has worked at the UN-backed tribunal, which is undertaking its first trial, of prison chief Duch, for three years. His impending departure has stirred some concerns that the tribunal, which was originally to last three years, could see further delays.

Petit said his resignation “will not impact the whole process of the tribunal.”

His proposal to indict more leaders met with opposition from the Cambodian prosecutor, Chea Leang, as well as Prime Minister Hun Sen. The Pre-Trial Chamber of the court has not decided on the contentious proposal.

“I regretted that he is leaving,” Chea Leang said, adding there was no conflict between the two.

Sacrava's Political Cartoon: The Last Warrior

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

International Prosecutor Quits Tribunal

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
23 June 2009

Robert Petit, the Canadian prosecutor for the Khmer Rouge tribunal, will resign his post, tell reporters Tuesday he was leaving Sept. 1.

“It is with the deepest regret that, for personal and family reasons, I must demit my position as International Co-prosecutor,” Petit wrote in a statement.

Petit has been at odds with his Cambodian counterpart, Chea Leang, over whether to indict more leaders of the Khmer Rouge, claiming more indictments could be prosecuted under the UN-backed court.

Chea Leang argues that more arrests could destabilize the country, echoing statements made in public by Prime Minister Hun Sen.

“I remain convinced that Cambodia’s hopes for a better future lie, in part, on true accountability for crimes,” Petit said in his statement. “My staff and I have tried, within our jurisdiction, to contribute to that goal to the best of our abilities.”

The resignation comes in the middle of the trial of Kaing Kek Iev, or Duch, in the tribunal’s Case No. 001, and ahead of a trial for four other jailed leaders, Case No. 002. Further indictments would bring up a third case.

“We are concerned about the continuity of the court, especially for Case No. 002, which is under investigation, and how will go Case No. 003, proposed by Robert Petit,” said Long Panhavuth, a tribunal monitor for the Open Society Justice Initiative.

Robert Petit resigned from the KRT

Robert Petit (Photo: Reuters)

Canadian prosecutor at Khmer Rouge genocide tribunal resigns

Tuesday, June 23, 2009
By THE ASSOCIATED PRESS

PHNOM PENH, Cambodia — The Canadian prosecutor at the genocide tribunal trying Cambodia's Khmer Rouge announced Tuesday he is resigning, citing personal and family reasons.

Robert Petit said in a statement that his resignation will become effective September 1, three years after he joined the United Nations-backed tribunal, which is currently holding its first trial.

"It has been the greatest privilege of my career to have the opportunity to bring some justice to the victims of the crimes of the Khmer Rouge," Petit said.

"I remain convinced that Cambodias hopes for a better future lie, in part, on true accountability for crimes."

The Khmer Rouge are believed responsible for the deaths of 1.7 million people from forced labour, starvation, medical neglect and executions when they held power in 1975-78.

It was not clear how Petit's resignation will affect the tribunal's work. The statement said the process of finding his replacement had already begun.

The tribunal is currently trying Kaing Guek Eav, also known as Duch, who commanded the Communist group's S-21 prison in Phnom Penh.

He is charged with crimes against humanity, war crimes, murder and torture. Four other senior Khmer rouge leaders are in custody, awaiting trial.

Petit did not elaborate on his reasons for stepping down as co-prosecutor.

Lars Olsen, a tribunal spokesman said his resignation was purely for the sake of his family and had nothing to do with politics or disagreements with his Cambodian co-prosecutor.

The tribunal has been dogged by disagreements over procedure and political wrangling, which has led to many delays. Allegation of corruption among the tribunals Cambodian staff have also hurt its credibility.

Petit has found himself at odds not only with opponents in the defence, but also with his co-prosecutor Chea Leang. The court operates under a hybrid system in which international and Cambodian jurists work in tandem.

Petit has said that he would like to see as many as six more former Khmer Rouge charged, but Chea Leang has opposed the idea, saying it is contrary to the agreement between Cambodia and the UN establishing the tribunal, and could endanger peace in the country.

Cambodian Prime Minister Hun Sen said in March that expanding the scope of the tribunal could spark a war and cause the deaths of hundreds of thousands of people.

Critics charge that Hun Sen's government has sought to limit its scope because other suspects are now loyal to Hun Sen, and to arrest them could cause him political trouble.

Sacrava's Political Cartoon: Madam Chea Leang

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

Unlike the KR Hun Xen, Prosecutor Robert Petit calls for further KR charges

Chea Leang (L) and Robert Petit (R)

Prosecutor Defends Further Khmer Rouge Charges

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
03 June 2009

The UN’s Khmer Rouge tribunal prosecutor took issue with statements by Prime Minister Hun Sen Wednesday, as a hearing on whether the court will indict more leaders of the regime was canceled.

Hun Sen has said further indictments beyond the five senior leaders of the regime currently in custody could lead to instability. He has said he would rather see the tribunal fail than see the country return to war.

“I don’t believe that anyone in this country, after so many years of peace, is ready [to make] the worst of the worst of some old murders,” UN prosecutor Robert Petit told reporters outside the court Wednesday.

Tribunal judges were scheduled to mediate a dispute on Friday between Petit and his Cambodian counterpart, Chea Leang, who has echoed Hun Sen’s concerns.

That hearing has been canceled, according to local media.

“I think justice will strengthen stability and reconciliation,” Petit said.

Sacrava's Political Cartoon: The Duel

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

The trials of pursuing the Khmer Rouge

Sunday, 29 March 2009
By Guy De Launey
BBC News, Phnom Penh

There are fears that Comrade Duch might be the only one to stand trial

Robert Petit is taking a pause for thought.

A considered approach from the international co-prosecutor at the Khmer Rouge Tribunal is, perhaps, only to be expected.

But this veteran of several international criminal courts usually has a way with a snappy answer which can leave the journalist on the receiving end feeling they should have followed a different line of inquiry.

This time, however, the Canadian official seems momentarily flummoxed. He has just been asked whether, bearing in mind the difficulties the Khmer Rouge Tribunal has faced over the past three years, he is optimistic that other defendants will follow the former prison chief known as Comrade Duch into the trial chamber at the special courts.

A long, drawn-out exhalation follows a sharp intake of breath and a grimace. The prosecutor's fingers rub at his forehead. Ten seconds pass. When Mr Petit finally speaks, his words are punctuated by an occasional half-laugh.

Obstacles

"I'm still hopeful. I assume those hopes are reasonable," he begins.

Robert Petit is a veteran of international criminal courts

"In the second case the accused are old and have health issues. Since their detention, the investigation has taken almost two years. I'm hoping that the investigation will be finished by the end of the year and there could be a trial, but I'm not sure how realistic that is.

"And for the third trial, it's still up to the pre-trial chamber to decide whether it goes ahead."

Mr Petit is not alone in his reservations. Five former members of the Khmer Rouge are currently in detention, facing charges of crimes against humanity.

But other international officials at the tribunal have expressed concern privately that Comrade Duch might ultimately be the only former Khmer Rouge member to stand trial for crimes against humanity.

Time, money and political will are cited as the main obstacles. Under the original plan drawn up by the United Nations and the Cambodian government, the Extraordinary Chambers in the Courts of Cambodia (ECCC), as the tribunal is officially known, would operate for three years and cost $56m.

This is a bargain compared with previous international criminal tribunals, and was held up as a model for others to follow.

The theory was that a low-cost, locally-based process with UN-appointed judges working alongside Cambodian counterparts would deliver justice and help to develop the legal system in the host country.

Political will

In reality, the budget has tripled, local and international officials have frequently been at loggerheads, and the three-year time frame has been dismissed as unrealistic.

"The Khmer Rouge Tribunal is circumscribed by politics - everyone knows this" - Theary Seng

The Cambodian side of the ECCC's administration says it is almost out of funds, even as a series of financial corruption allegations remains unresolved.

The turnover of staff on the UN side has undoubtedly made it harder to provide effective oversight.

Finding people to question the political will of the government to see the process through is not hard. Theary Seng, whose book Daughter Of The Killing Fields describes how the Khmer Rouge killed both her parents, believes those in power feel they have too much to lose.

"The Khmer Rouge Tribunal is circumscribed by politics. Everyone knows this," she says.

"There are individuals within the current government who are very, very scared that information about their past may surface in the process of arguing the crimes under discussion.

"These individuals have influence, power and means. They hold high position. I believe that some of them cannot sleep at night because this Khmer Rouge Tribunal exists."

One dispute in particular is cited as evidence by those who believe the government is trying to restrict the scope of the tribunal, and Mr Petit is one of the protagonists.

Stability

Chea Leang refutes accusations of political pressure

The international co-prosecutor wanted to send a list of six more suspects to the investigating judges, but his Cambodian counterpart, Chea Leang, objected on the grounds that the stability of the country might be affected.

She resents suggestions that she was acting under political pressure.

"I have read and heard the media reports about political interference," she tells the BBC.

"They're within their rights to say this, but it's very unfair on me. I think that if I follow what [my critics] want, they'll say I'm independent. But if I don't do what they want, they'll say I'm not independent."

Officials on the Cambodian side of the court insist that the government is committed to seeing the process through, regardless of what it reveals.

They point out that Prime Minister Hun Sen personally requested UN assistance to set up what eventually became the ECCC more than a decade ago.

But some members of the governing party have stated publicly that they believe the tribunal should not pursue more suspects.

"I don't think it's a very positive approach for people with public responsibilities to comment on what courts should or should not do," says Mr Petit.

"I think an impartial, free and fair legal system is the only foundation you can have if you want to build any kind of democratic society."

Comrade Duch's trial will be the first test for the ECCC. It would be a bitter blow for those who survived the horrors of the Pol Pot era if more senior Khmer Rouge figures were not to follow him into the dock.

Khmer Rouge tribunal must have autonomy

March 18, 2009
By Lao Mong Hay
UPI Asia Online

Column: Rule by Fear

Hong Kong, China — It took the Cambodian government and the United Nations almost 10 years to agree on a U.N.-assisted tribunal under Cambodian jurisdiction to try leaders of the former Khmer Rouge regime for their crimes. This tribunal – officially known as the Extraordinary Chambers in the Courts of Cambodia, also known as the Khmer Rouge Tribunal – has a trial chamber and a Supreme Court chamber. Cambodian judges are the majority in both.

It also has two co-prosecutors, one Cambodian and the other international, and two co-investigating judges, again one Cambodian and the other international. The United Nations proposed the international judges and prosecutors for appointment by the Cambodian authorities

The tribunal was formed in May 2006 with the appointment of all judges and prosecutors. Not long after, it was hit by allegations that Cambodian court personnel, including judges, had to kick back a significant percentage of their wages to Cambodian government officials in exchange for their positions on the tribunal. The same allegations of kickbacks have been made again over recent months.

While neither the Cambodian nor the U.N. authorities have denied or confirmed these allegations, the tribunal is further facing a shortage of funds, as its original budget of US$56.3 million donated by the international community is about to run out. It needs an additional US$44.1 million for 2009, and the international community will not come forth with this new funding until it is confident of a corruption-free environment for the trials.

Another unwelcome development, which has been a serious concern right from the beginning and has now come to mar the tribunal’s credibility, is political interference. One foreign official reportedly told a visiting German delegation in November 2008 that the Cambodian government “tries to interfere in the work of the tribunal.” That delegation’s report says, “The government of Cambodia has already signaled that it will not allow for additional criminal investigations to be opened.”

These additional investigations came into the open when the tribunal made public a disagreement over them between the international and the Cambodian prosecutors. According to a tribunal statement dated Jan. 5, the international prosecutor, Robert Petit, wants to “open new judicial investigations against certain additional suspects.”

According to Petit, “There are reasons to believe that (1) the crimes described in those submissions were committed, (2) these crimes are within the jurisdiction of this Court, and (3) they should be investigated by the Co-Investigating Judges.” The same statement added that Petit “does not believe that such prosecutions would endanger Cambodia’s peace and stability.”

The same statement said that the Cambodian prosecutor, Chea Leang, “believes that these investigations should not proceed on account of Cambodia’s past instability and the continued need for national reconciliation, (2) the spirit of the agreement between the United Nations and the Government of Cambodia (“Agreement”) and the spirit of the law that established this Court (“ECCC Law”), and (3) the limited duration and budget of this Court.”

Chea Leang “feels that this Court should instead prioritize the trials of the five suspects already detained” and “maintains that this Court’s mandate can be adequately fulfilled by the prosecution of the suspects already detained,” the same statement added.

Following this disagreement, there was public support for additional investigations and concomitant criticism of Chea Leang’s disagreement. Though the names of additional suspects are not known, it has been suggested they could include those serving in the present government.

The Cambodian government objected to the additional investigations and sided with Chea Leang, who is known to be a deputy prime minister’s niece. On Feb. 24, referring to the continued recognition of the Khmer Rouge as the legitimate government of Cambodia after it was ousted, Prime Minister Hun Sen said, “The U.N. and countries that supported (Khmer Rouge Leader) Pol Pot to occupy (Cambodia’s) seat at the U.N. from 1979 to 1991 should be tried first … They should be sentenced more heavily than Pol Pot.” He acknowledged that their trial was not possible, however.

Later, on March 10, the government spokesman and Minister of Information Khieu Kanharith amplified his prime minister’s unhappiness with additional investigations and urged the tribunal to deal with the five suspects it had detained, accusing the tribunal’s foreign staff of dragging their feet so as to get more pay.

He said: “They have not even heard one case, yet they have created another. They are simply dragging their feet so as to receive more salaries. If they really want to push the process forward, when they have five cases at hand, they should hear these five cases first. When they have finished with them, then they can think of others.”

These reactions have confirmed the allegation that the Cambodian government is interfering in the tribunal’s work. By doing so, the Cambodian government has violated the principle of separation of powers, the independence of the judiciary and the prosecutors’ exclusive power to prosecute, which are all enshrined in Cambodia’s Constitution.

It has also breached the ECCC Law, which gives the tribunal all power to bring to trial Khmer Rouge leaders and those most responsible for crimes committed in that specified period. It has further violated Article 20 of this law on the settlement of the difference between the co-prosecutors by a pre-trial chamber.

The government should let this chamber settle this difference free from any influence. The tribunal will be seen as having been under government pressure if this chamber rules against the additional investigations.

Together with the alleged corruption, the government interference has seriously undermined the majesty and dignity the Khmer Rouge Tribunal must have in order to assert its authority, maintain its credibility and win the public trust.

The Cambodian government must help the tribunal by dealing firmly with corruption in its midst, and heads must roll if need be. But it must absolutely keep its hands off and let the tribunal function free of any interference.
--
(Lao Mong Hay is a senior researcher at the Asian Human Rights Commission in Hong Kong. He was previously director of the Khmer Institute of Democracy in Phnom Penh, Cambodia, and a visiting professor at the University of Toronto in 2003. In 1997, he received an award from Human Rights Watch and the Nansen Medal in 2000 from the United Nations High Commissioner for Refugees.)

Khmer Rouge trial to begin amid international criticism

Feb 16, 2009
DPA

Phnom Penh - Three decades after he supervised the murders of thousands of men, women and children, the former chairman of the Khmer Rouge's infamous Tuol Sleng torture facility will face trial this week before Cambodia's UN-backed war crimes tribunal.

After years of negotiations, delays and controversies, the long-awaited trial of Kaing Guek Eav, known by his revolutionary name Duch, will begin in Phnom Penh on Tuesday with an initial hearing to choose witnesses and set a date for the trial's next stage.

It is expected to be a highly technical and procedural affair, and Duch will not be called to testify, but that is unlikely to dull its significance for some ordinary Cambodians and victims of the regime hoping to reconcile the horrific past.

As the world turns its eyes towards Cambodia this week, it will also find a tribunal beleaguered by deep divisions between its international and domestic actors, allegations of corruption and government interference, and a growing chorus of international criticism.

The world will see how far this country has come since Pol Pot's genocidal regime brought it to its knees, but also how much work is left to be done.

Up to 2 million people - a quarter of Cambodia's population - died through execution, starvation and overwork during the Khmer Rouge's 1975-79 reign. The ultra-Maoist group sought to transform the country into an agrarian socialist utopia, erase history and begin again at 'year zero.'

This brutal era led to decades of instability and civil war. the scars of which are visible in Cambodia's virtual one-party state, its dilapidated infrastructure, deep social divisions, and impoverished and predominantly rural population.

Duch is the first of the five detained Khmer Rouge leaders to be indicted for crimes against humanity. Pol Pot died at a remote hideout in 1998, but 'Brother Number Two' Nuon Chea, former head of state Khieu Samphan, former foreign minister Ieng Sary and his wife Ieng Thirith have been detained.

At 67, Duch is the youngest of all the detainees and the only to have admitted guilt for his crimes. If convicted, he faces a maximum sentence of life in prison. The born-again Christian and former mathematics teacher's trial has been described as a test case for the court, which has so far only entered the pre-trial phase.

It will not only test the court's experimental structure, but also its integrity and legitimacy against domestic and international criticism. Human rights groups say there are serious problems that could jeopardise the court's integrity and financial security.

The New York-based Open Society Justice Initiative said last week that the court was 'plagued by pressing institutional challenges that threaten to prevent it from fulfilling its mandate.'

It pointed to an ongoing disagreement between the court's international and Cambodian prosecutors over extending the court's investigation and detaining more former Khmer Rouge leaders. International prosecutors want to extend the investigation, while the Cambodian side say the current number of defendants is sufficient.

Referring to allegations that government interference had dictated the Cambodian prosecutors' position, the report said the court must rely 'on law and facts, not politics, in deciding how many suspects will be investigated.'

'Currently mired in an internal dispute over the number of suspects to be tried, the court must demonstrate that it can quickly make a reasoned determination, free of political interference and in a transparent manner, on whether to investigate and charge additional suspects beyond the five now in custody,' the report said.

It also said unresolved allegations of corruption on the Cambodian side of the court, which led to the UN withholding funding in August last year, also brought the tribunal's transparency and integrity into question.

New York-based Human Rights Watch noted that the UN initially was reluctant to implement the hybrid-court model because 'Cambodia's judiciary is widely known for its lack of independence, corruption, and low professional standards.'

'By allowing political considerations to block additional indictments, the Khmer Rouge tribunal is failing the most basic test of its independence and its credibility,' Sara Colm, a Cambodia-based senior researcher at Human Rights Watch, said.

'The tribunal cannot bring justice to the millions of the Khmer Rouge's victims if it tries only a handful of the most notorious individuals, while scores of former Khmer Rouge officials and commanders remain free.'

Despite a sizable public awareness campaign carried out by the tribunal over the past few years, it is possible that few Cambodians will be following this week's hearings.

According to a study conducted in September last year but the Human Rights Center and the University of California, Berkley, found that 85 per cent of Cambodians had little or no knowledge about the Khmer Rouge tribunal.

Khmer Rouge Figure to Go Before Court

Sunday, February 15, 2009
By Tim Johnston
Washington Post Foreign Service

BANGKOK -- On Tuesday, after more than 30 years of delays and controversy, a member of Cambodia's murderous Khmer Rouge regime will appear in court for the first time charged with crimes against humanity.

Kaing Khek Iev, better known by his nom de guerre, Duch, was the head of the Tuol Sleng interrogation center in the capital, Phnom Penh. More than 15,000 people are believed to have passed through the center, known as Security Prison 21 during the Khmer Rouge's 1975-1979 rule. Only 12 are known to have survived.

Duch, who converted to Christianity in the late 1990s, is the only high-profile member of the Khmer Rouge to have expressed remorse for his actions. The 66-year-old former math teacher will appear for an initial hearing before the U.N.-backed tribunal Tuesday and is expected to take the stand later in his trial, providing an insight into the mind-set behind one of the 20th century's most brutal political experiments.

"We want to understand why this human being did what he did to other human beings," said Youk Chhang, director of the Documentation Center of Cambodia.

As many as 1.7 million Cambodians -- about a fifth of the population -- were killed or succumbed to disease, malnutrition and overwork in the four years before Vietnamese forces removed the Khmer Rouge from power in 1979.

Despite that shocking toll, only five people have been indicted by the joint Cambodian and international legal entity set up after prolonged negotiations between the United Nations and the Cambodian government.

Duch's fellow indictees are Nuon Chea, the movement's deputy leader, known as Brother No. 2 during the regime; Khieu Samphan, the Khmer Rouge president; Ieng Sary, the group's foreign minister; and his wife, Ieng Thirith, who was the social affairs minister. They are all fighting the charges.

Pol Pot, the architect of the regime's brutal policies, died -- apparently of natural causes -- in 1998.

The trials have so far cost more than $50 million and have been dogged by persistent rumors of corruption and allegations that the Cambodian government, which is led by former Khmer Rouge officer Hun Sen, has tried to hold up the process.

A public dispute broke out late last year between Chea Leang, the Cambodian co-prosecutor and a niece of one of Hun Sen's deputies, and Robert Petit, her international counterpart.

The court has investigated an additional six senior members of the Khmer Rouge, and Petit wanted them charged. Chea Leang objected, saying that the investigations should not proceed "on account of Cambodia's past instability and the continued need for national reconciliation."

The court's supporters say they hope the trials will promote reconciliation in their own way, but with a recent survey showing that 85 percent of Cambodians know little or nothing about the process, some critics are asking how much they will mean for ordinary people who still have to live alongside their former tormentors.

Sacrava's Political Cartoon: Le Petit ("The Small Guy")

Chea Leang: "In Cambodia, I'm the Biggest one, and you are 'Small'" (Petit in French means Small in English)

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