Victims Unit Official Says Justice Will Come

Im Sophea, who coordinates the unit’s public outreach, told “Hello VOA” Thursday the court would record the stories of victims for the historical record and would provide “acceptable justice” to the millions of Cambodians traumatized by the regime. (Photo: by Heng Reaksmey)

Sok Khemara, VOA Khmer
Washington, DC Friday, 27 May 2011

"...the victims unit has undertaken nine different educational forums around the country in an effort to help victims speak out and ask questions."

Despite recent public concern over whether the UN-backed Khmer Rouge tribunal will fulfill its mandate, an official within the court’s Victims Support Unit says he is confident that trials of regime leaders will help bring about some national reconciliation.

Im Sophea, who coordinates the unit’s public outreach, told “Hello VOA” Thursday the court would record the stories of victims for the historical record and would provide “acceptable justice” to the millions of Cambodians traumatized by the regime.

However, he said, the court also needs participation by other partners across society to help the healing, including psychological counseling, and some kind of compensation for victims.

Little Time Left To Organize Tribunal Civil Parties

Sok Khemara, VOA Khmer
Washington, DC Tuesday, 11 January 2011

“They should know their individual clients, how this client suffered at what level, who is giving testimony, about which crimes.” - Theary Seng

The Khmer Rouge tribunal is now facing testimony from more than 2,000 victims that court officials must organize ahead of a trial for four senior leaders of the regime.

Around 2,120 victims who have registered as civil party complainants have been accepted from more than 4,000 applications, and it is now up to the Trial Chamber of the court to decide how they will be used.

Seng Theary, a lawyer who is also a tribunal complainant, says the short time is a concern. Little time remains for preparation, she told VOA Khmer.

Lawyers for the civil parties must study the facts of the case, the crimes and the testimony in advance of questioning of defendants, in this case the four senior-most leaders of the Khmer Rouge: Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith.

Seng Theary says that means a lot of preparation, lest civil parties be left out of the process. The trial is supposed to begin early this year.

Germany Gives $1.5 Million for Tribunal Victims Unit

Sok Khemara, VOA Khmer
Washington, DC Wednesday, 22 December 2010

The German government is providing $1.5 million to the cash-strapped Khmer Rouge tribunal, with funding to go toward the Victims Unit.

The unit was established to help people file grievances and testimony with the UN-backed court, in an effort toward national reconciliation.

The money will cover a 16-month project that began in September, including processing, outreach and victim participation, the tribunal said in a statement.

More than 8,000 victims have filed with the unit and are awaiting the trial of four jailed senior Khmer Rouge leaders. The Victims Unit has struggled with funding along with the rest of the court.

Spirit of Tribunal Honors Victims: Official

By Sok Khemara, VOA Khmer
Washington
03 November 2009

The head representative of the Khmer Rouge tribunal’s Victims Unit said Monday the role of the court was not only to find justice, but to heal and unify the country.

“In the spirit of healing and national reconciliation in any country, such as this kind of court, [judges] will not do what contradicts this main spirit, at all,” said Neou Kassie, head of the Victims Unit, as a guest on “Hello VOA.” “Once turmoil again occurs, the innocents suffer, and that’s not the direction of national reconciliation.”

The spirit of the tribunal is to conduct practical trials with international standards, to bring the top leaders of the Khmer Rouge to justice, he said.

Victim outreach is also an important component of the UN-backed court, he said, with news reaching people by TV, radio and other media, to help them understand the process and follow the proceedings.

Still, there has not been a consensus among more than 90 civil party complaint groups as to what kind of general compensation they may seek in the case against former prison chief Kaing Kek Iev, or Duch, whose trial is wrapping up.

Some want rural development, while others want psychological clinics, and still others a research center, he said. And while compensation is going to be up to the court, a strong request would help.

“They need to make the decision together,” Neou Kassie said. “Otherwise their request is not strong.”

Duch Ordered Western Prisoners Burned Alive

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
05 August 2009

Former Tuol Sleng security guard Chheam Soeur told the UN-backed court on Wednesday that Duch had ordered his subordinates to burn alive a Western prisoner in his infamous Khmer Rouge torture center.

Chheam Soeur said he watched three security guards bring the prisoner into the prison courtyard, place vehicle tires over him, and set them alight.

He said he didn’t know the identity of the prisoner. Duch, who is facing numerous atrocity crimes charges, told the court Wednesday he ordered a subordinate to kill two Western prisoners by tire-burning.

Chheam Soeur’s testimony came as Prime Minister heaped praise on the court’s Cambodian officials, saying Wednesday said he “admired” Cambodian judges, prosecutors and lawyers, who worked “better and smarter” than the international side.

The prime minister said he had been watching the hearing for jailed prison chief Duch and had noted that some international judges asked Duch questions but didn’t seem to understand the whole story.

Sometimes, he said, Duch made counter-accusations against the judges. Hun Sen was delivering a speech to students graduating the National Institute of Education’s Build Bright University.

Meanwhile, the Victims Unit of the tribunal reported Wednesday it had received more than 4,000 complaints from potential witnesses and civil parties to the proceedings against all five leaders in the court’s custody, tribunal officials said Wednesday.

Helen Jarvis, the new director of the unit, told reporters Wednesday that 94 of those complaints represented civil parties against Duch’s Case, and 103 of them would be used in Case No. 002 at the court, the case against the four senior-most leaders in custody: ideologue Nuon Chea, former president Khieu Samphan, foreign minister Ieng Sary and his wife Ieng Thirith.

Jarvis's citizenship not at issue

Monday, 22 June 2009
Written by Youk Chhang
Letter to The Phnom Penh Post

Dear Editor,

I do not believe that the nomination of Helen Jarvis to head the Victims' Unit is a part of a political agenda of the Cambodian People's Party or the government. Instead, the government might prefer to keep its distance from her political views and performance at the Extraordinary Chambers in the Courts of Cambodia.

On the other hand, if it is true that the United Nations is supporting Dr Jarvis's appointment, it is an invasion of Cambodia's sovereignty and is disrespectful to the victims it claims to serve.

With regard to the questions that have been raised about Dr Jarvis's Cambodian nationality, is there a difference between nationality [citizenship] and ethnicity in Cambodia? Culturally and generally, the Cambodian people are not familiar with this distinction, and they are still in search of identity. For this reason Dr Jarvis's Cambodian citizenship will have no bearing on how victims perceive her.

Youk Chhang
Documentation Centre of Cambodia

Jarvis wrong choice for Victims' Unit

Monday, 22 June 2009
Written by Bethany Murphy
Letter to The Phnom Penh Post

Dear Editor,

I read with horror about Dr Jarvis's appointment to head the Victims' Unit. Youk Chhang, the head of DC-Cam, is by far the most experienced professional insofar as outreach to the Cambodian people and the outside world about the genocide and the Tribunal.... The fact that Chhang was not offered the position, or even asked about the appointment, speaks volumes about the ineptitude and corruption which has marked the Tribunal from the outset. The fact that Dr Jarvis is neither a Cambodian nor a victim of the regime is offensive, but not shocking.

The appointment of overpaid foreigners in NGOs and UN agencies is nothing new in Cambodia. The glaring offence is not her ethnicity, however, but her political ties and alliances. In a letter from just three years ago she signed to the following: "In time of revolution and civil war, the most extreme measures will sometimes become necessary and justified."

This kind of speech is something that the Khmer Rouge themselves subscribed to, and it is Marxist ideology that led to the deaths of roughly 2 million people in Cambodia, which created the necessity for a Khmer Rouge tribunal and a Victims' Unit in the first place. The philosophy that the "ends justify the means" in the pursuit of creating a communist nation is something that Pol Pot himself was a champion of. Having Dr Jarvis head the Victims' Unit of the Khmer Rouge tribunal and Extraordinary Chambers in the Courts of Cambodia is akin to having a Nazi Party member running victim relations at the Nuremburg Trial for Josef Mengele, the "Doctor" and head of torture at Auschwitz.

Bethany Murphy
Washington, DC

Open Letter to Dr. Helen Jarvis, Appointed Head of the Victims Unit at the Extraordinary Chamber in the Court of Cambodia

Cartoon by Sacrava

CC: ECCC

Dear Dr. Jarvis:

In light of recent revelations of your background as an advocate for Marxist ideology, it becomes painfully clear that your new role as head of the victims unit for the Extraordinary Chamber in the Court of Cambodia (ECCC) presents a disturbing and grave conflict of interest. It is both absurd and insulting to have a Marxist advocate representing the victims of a Marxist regime, which was being tried by the court of law.

If the reports of your continued advocacy for Marxist ideology up to the early 2000s were true, it is unquestionably clear that you are unfit to represent the victims of the Marxist Khmer Rouge regime at the ECCC. To continue to do so, it is not only a disgrace to your honor, but also an insult to all of us who have survived and demised under the brutality of the Khmer Rouge’s government.

As a victim of the Khmer Rouge regime, I am speechless and utterly appalled to see a well-educated person like you failed to realize that what you are doing is not only wrong, but also an affront to the dignity of humanity, especially, those who had perished in the Cambodian killing fields. Thus, on behalf of myself, a victim of the Khmer Rouge regime on whose behalf you represent, and on behalf of my father and millions of other Cambodians who died painfully under the abuses of the Khmer Rouge regime, I would like to tell, ask, or beg you to please remove yourself as head of the ECCC’s victims unit or from any function within the ECCC altogether.

Sincerely,

Chanda Chhay
Washington, DC (U.S.A.)

Sacrava's Political Cartoon: My Lenin

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

Conflicts of Interest - Serious Concerns Arising From The Appointment of H.E. Dr. Helen Jarvis As The New Head of The Victims Unit at The ECCC

Cambodian Center for Human Rights

PRESS RELEASE

Phnom Penh, June 10, 2009

CONFLICTS OF INTEREST - SERIOUS CONCERNS ARISING FROM THE APPOINTMENT OF H.E. DR. HELEN JARVIS AS THE NEW HEAD OF THE VICTIMS UNIT AT THE ECCC

The Cambodian Center for Human Rights (CCHR) is extremely concerned about the recent appointment of Dr. Helen Jarvis as Head of the Victims Unit of the Extraordinary Chambers in the Courts of Cambodia (ECCC), otherwise known as the Khmer Rouge Tribunal (KRT). Aside from the question of Dr. Jarvis’ qualifications for the role, the appointment raises serious concerns regarding conflicts of interest that bring into question Dr. Jarvis’ ability to fulfil the role and thereby threaten to undermine the interests of the Victims and the KRT itself.

The most worrying conflict of interest arises out of Dr. Jarvis’ relationship with the Royal Government of Cambodia (RGC). Dr. Jarvis is an advisor to the RGC. The CCHR and many others have raised already the serious issue of sustained political interference at the KRT, best represented by the deadlock over further prosecutions. Further, the timing of Dr. Jarvis’ appointment comes against a backdrop of increased national and international media interest in the allegations of corruption at the KRT as well as the unexpected and, as yet unexplained, resignation of her predecessor. As Head of the Victims Unit, Dr. Jarvis must work to facilitate the effective participation of Victims in proceedings, including the submission of complaints to the co-Prosecutors who must take the interests of Victims into account when considering whether to initiate an investigation or a prosecution. The CCHR is not convinced that Dr. Jarvis can maintain her duty to act in the Victims’ best interests, given that her role entails a capacity to contribute to future prosecutions and ongoing investigations involving potentially negative consequences for the RGC. Indeed, the CCHR is concerned that the appointment of Dr. Jarvis to Head of the Victims Unit is a politicallymotivated decision and one that is designed to further strengthen the RGC’s control over proceedings.

It is yet to be clarified whether Dr. Jarvis continues to function as the KRT’s Ethics Monitor, notwithstanding her recent appointment as Head of the Victims Unit. As the Ethics Monitor functions as the sole KRT employee responsible for investigating corruption allegations within the court, these positions are blatantly irreconcilable and could not conceivably be held by one person.

The Nuon Chea and Ieng Sary defence teams have raised the issue of Dr. Jarvis’ conflicting outreach role. It remains unclear as to what role Dr. Jarvis will continue to play in this regard. Nevertheless, assuming that her outreach activities are limited purely to the Victims – or “micro-outreach” to use a phrase coined recently – we are still left to ask whether or not Dr. Jarvis’ transition from voice of the entire KRT to that of the Victims’ advocate can plausibly be a seamless one. The former role requires objectivity towards all units within the KRT, whereas the latter necessarily requires promoting the best interests of one party – the Victims. As Public Affairs chief (and Ethics Monitor), Dr. Jarvis may have been privy to information that precludes her from full and effective Victims’ representation, as she may be obliged to withhold information material to the Victims’ objectives.

Further, recent revelations have suggested that Dr. Jarvis’ political views might be directly at odds with Victims’ advocacy. Not only do these reported views suggest an utter disregard for the rule of law and the legal process underway at the KRT, they ironically and perversely lend themselves to comparison with the alleged philosophy of the Khmer Rouge regime. They most certainly do not fit well with the role of Head of the Victims’ Unit.

Dr. Jarvis’ new role might therefore conflict with at least four noted interests. These conflicts would bring into question Dr. Jarvis’ ability to fulfil the role of Head of the Victims Unit and jeopardise the rights of the victims to representation and full participation in the legal process. The Internal Rules stipulate that the KRT cannot function successfully without the full participation of the Victims. Further, this appointment will inevitably arouse further public suspicion of the KRT, generate distrust of the Victims’ Unit by both the public and the Victims themselves and damage the legacy of the court.

The CCHR therefore strongly urges the United Nations and the Cambodian side at the KRT to address this serious issue of concern by suspending Dr. Jarvis’ appointment as a matter of urgency and until the conflicts of interest alleged above and elsewhere have been properly investigated and it is found beyond reasonable doubt that no such conflicts exist. The CCHR encourages other NGOs to echo this call, in the interests of the Victims and of the KRT as a whole.

For more information, please contact:

Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.org

Ms. Krissie Hayes, Legal Officer, CCHR
Tel: +855 92 943529
Email: krissie_hayes@cchrcambodia.org

Sacrava's Political Cartoon: The Long March of Comrade Jarvis

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

Attacks on Jarvis multiply

Helen Jarvis (Photo by: Tracey Shelton)

Monday, 08 June 2009
Written by Robbie Corey-Boulet
The Phnom Penh Post

ECCC's head of Victims' Unit under fire from defence teams.

THE DEFENCE team for Khmer Rouge foreign minister Ieng Sary on Thursday registered concerns about the recent appointment of former tribunal spokeswoman Helen Jarvis as head of the court's Victims' Unit, arguing in a letter dated June 4 that her new duties conflicted with her outreach responsibilities.

The letter, addressed to the court's Deputy Director of Administration Knut Rosandhaug, also calls for an administrative inquiry into allegations that Jarvis's expressed political views could compromise her work at the court. In addition, it points to a book Jarvis co-authored in 2004 that the defence team said "strongly implies that Dr Jarvis has preconceptions about the alleged crimes", namely that they constituted genocide.

The bulk of the letter, though, concerns the conflict that will allegedly arise when Jarvis, who became head of the Victims' Unit last Monday, combines the responsibilities of that role with her outreach work.

"We are firmly of the view that amalgamating outreach activities of the entire court together with the interests of the Victims' Unit creates an inescapable conflict of interest for Dr Jarvis through no fault of her own," the letter states.

In an interview Sunday, co-lawyer Ang Udom said the switch from court spokespwoman to Victims' Unit chief amounted to a switch from an objective administrator to active party, making it impossible for her to impartially perform outreach duties.

"Jarvis used to work just with the administration," Ang Udom said. "But when she becomes chief of the Victims' Unit ... she becomes very active in the court process. She is a party in the court."

Andrew Ianuzzi, a legal consultant for Nuon Chea's defence team, said he "absolutely" agreed with the position articulated by Ang Udom and Michael Karnavas, Ieng Sary's international co-lawyer.

"The trouble is, I think that the court has done a pretty bad job of explaining what her outreach roles will encompass," Ianuzzi said.

Court spokesman Reach Sambath said Sunday that court officials had, before making the appointment, concluded that they could avoid a conflict by limiting Jarvis's involvement in outreach to what he termed "micro-outreach".

"We divided this very clearly, because public affairs will continue to focus on macro-outreach," he said. "And the Victims' Unit will minimise their outreach to micro-outreach. That means all the important work related to outreach activities will still be in the Public Affairs Section, and the Victims' Unit will focus on outreach for the victims."

But the May 18 press release announcing the appointment states: "Dr Helen Jarvis will continue to have oversight of [outreach] work."

Ianuzzi said the distinction between "macro-outreach" and "micro-outreach" was not made at the time of the announcement, adding that he had never heard of it before.

He said he had no problem with Jarvis performing outreach duties that were restricted to her role as head of the Victims' Unit.

Jarvis declined to comment Sunday, saying she had not seen the June 4 letter.

The defence teams for former Khmer Rouge head of state Khieu Samphan and former social minister Ieng Thirith have yet to weigh in on the appointment. Sa Sovan, Khieu Samphan's co-lawyer, and Phat Pov Seang, Ieng Thirith's co-lawyer, both declined to comment Sunday.

Past writings

Concerns about Jarvis's political views were raised last week by Nuon Chea's defence team, which singled out a 2006 open letter signed by members of the Democratic Socialist Perspective's Leninist Party Faction, including Jarvis.

The letter states: "Against the bourgeoisie and their state agencies we don't respect their laws and their fake moral principles."

Karnavas said via email: "If she has made those comments and if she is an unrepentant Marxist-Leninist with views that are antithetical to the founding laws and principles of the Cambodian Judicial System, then, at a minimum, the inevitable perception that will arise whenever she is called upon to make an important or difficult decision is that she is promoting her revolutionary agenda."

Ianuzzi said the idea of an administrative inquiry was "probably not a bad idea".

Reach Sambath declined to say whether an administrative inquiry was underway.

The June 4 letter also singles out a book Jarvis co-authored in 2004 with the British journalist Tom Fawthrop titled Getting Away with Genocide: Cambodia's Long Struggle Against the Khmer Rouge.

The Ieng Sary defence team argues in the letter that the use of the word "genocide" calls into question Jarvis's "absolute impartiality", a requirement for spokespersons, which the letter argues has been established at other tribunals.

Karnavas said the book indicates that Jarvis "holds some strong opinions which ... call into question her objectivity".

Ianuzzi, who said he had not read the book, seconded that charge, saying, "Certainly it sounds like she has made up her mind about the fact of a genocide."

ADDITIONAL REPORTING BY NETH PHEAKTRA

'Waterlilygate' hits troubled tribunal

Nuon Chea defence lawyer Michiel Pestman appears at a press conference Thursday at the Foreign Correspondents Club. (Photo by: Tracey Shelton)

Friday, 05 June 2009
Written by Robbie Corey Boulet
The Phnom Penh Post

THE DEFENCE team for former Khmer Rouge leader Nuon Chea on Thursday added an alleged security breach to its growing list of concerns about Cambodia's war crimes court, which also includes allegations of government interference and doubts about whether the head of the Victims' Unit is fit for her job.

International co-lawyer Michiel Pestman said at a press conference that he had found one of his team's confidential documents floating in a "moat" on the grounds of the Khmer Rouge tribunal Wednesday afternoon, which he and other members of the defence team said had been taken from their office.

Pestman said he did not know why someone might have taken the document - a draft of a letter dated May 27 and addressed to Victims' Unit head Helen Jarvis - or why it surfaced in the "moat". But he and legal consultant Andrew Ianuzzi, who described the "moat" as a half-metre-wide "ditch filled with water lilies", said they believed the letter had been stolen.

"We have no explanation," Pestman said. "What we do know is that the documents should have been shredded. They were not, and they were most probably stolen from our office."

He added, "We have serious concerns about security and the confidentiality of our investigation. From now on we'll have to be very careful about what we put on paper."

Chief of Public Affairs Reach Sambath declined to comment in detail about the incident, saying Thursday afternoon that Pestman had "submitted the relevant information to the security section of the ECCC", which he said would conduct an investigation.

"At this time it is premature to conclude that anything has been stolen," he said.

He added, "Generally, in the court each office is responsible for safely disposing of its own documents."

Victims' Unit concerns

Pestman said the draft letter details concerns about a 2006 open letter - signed by members of the Democratic Socialist Perspective's (DSP) Leninist Party Faction, including Jarvis - that was circulated during a May 2006 meeting of the DSP, an Australian political organisation.

He described the letter as one "in which [Jarvis] takes the position that as a member of that particular faction she does not have to obey the rule of law".

The letter states: "Against the bourgeoisie and their state agencies we don't respect their laws and their fake moral principles."

Pestman suggested at the press conference that the letter indicated a willingness to flout rules that could compromise her work at the court.

"We think that all parties should follow the rules set up by the court," he said. "We think the Victims' Unit should follow the rules."

Ianuzzi said Jarvis informed the defence team on May 30 that she had brought its concerns to her superiors.

Jarvis declined to comment Thursday on the letter or the defence team's objections to her political activities.

Charges of meddling

Also Thursday, Pestman reiterated concerns about possible political interference at the court. The team said Wednesday that it had been "reliably informed" that national co-prosecutor Chea Leang had been instructed by the government not to prosecute additional suspects.

Pestman said Thursday that the charge stemmed from information given "by a reliable source within the court", though he declined to elaborate.

He described as "worrying" a May report from the Open Society Justice Initiative that accused the government of "attempting to block the investigating judges from interviewing certain insider witnesses who hold current positions of power".

Government officials have rejected those allegations.

Pestman said he did not know when a criminal complaint before the Court of Appeal accusing tribunal officials of involvement in a kickback payment scheme would be resolved.

He also expressed concern that the case had been delegated to Deputy Prosecutor Ouk Savuth, who was at the Municipal Court when it abruptly terminated an investigation of the defence team's initial complaint in February.

Looking ahead, Pestman said he had no prediction as to when the trial of his client, commonly referred to as Brother No 2, would begin. "The future's very uncertain," he said.

Sacrava's Political Cartoon: The Victim

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

Even From US, Khmer Rouge Victims Seek Justice

Chea Marie, a Cambodian American living in Arlington, Virginia.

By Men Kimseng, VOA Khmer
Original report from Virginia
03 June 2009

Some nights, Chea Marie finds herself running from the black-clad Khmer Rouge guerrillas who have come to torture her. She runs and keeps on running until she wakes up. More than 30 years after the collapse of the regime, these nightmares continue to haunt her, even though she has moved to the US.

“I look everywhere to see where I am now. Am I in Pot Pot’s time or in America?” she told VOA Khmer at a recent gathering of regime victims, in Virginia.

Chea Marie’s father was burned alive in a brick kiln. Her mother and her seven siblings were all killed under the regime. Now, like others who met last week in Arlington, Va., Chea Marie has filed suit as a civil party in upcoming Khmer Rouge trials under the UN-backed tribunal in Phnom Penh.

Chea Marie filed her case during a gathering organized by the Applied Social Research Institute of Cambodia and Cambodian American for Human Rights and Democracy this weekend in Arlington, Va.

According to research by Nou Leakhena, a sociology professor at the Long Beach University, nightmares often follow victims of the Khmer Rouge, a symptom of the trauma that has eroded trust in Cambodian communities at home and abroad.

“I don’t trust others, not even my friends, and, honestly speaking, not even my own husband,” Chea Marie said. “I always think all people are bad.”

Most of the victims do not speak out about the tragedy and continue to bear their sufferings silently.

Mam Somethea, who was seven years old when the Khmer Rouge rose to power, was forced to work like an adult. He witnessed torture and killings in his area. More than 30 years later, Mam Somethea never talks about it and the Arlington gathering was his first time to speak out.

“They would accuse someone of a crime without concrete evidence and started torturing until the accused was dead in front of the whole community, to establish an example,” Mam Somethea said.

Mam Somethea, whose mother and two sisters died, has now also filed as a civil party in the tribunal.

The Applied Social Research Institute has so far received 35 complaints, including three civil party cases.

The third to file a civil party case was Neou Sarem, a staff member at Voice of America who was imprisoned in one of Khmer Rouge correction camps after she returned to Cambodia from a study in France. She also filed as a witness.

Efforts to collect more complaints are underway before a January 2010 deadline, despite some difficulties.

“They are afraid that the [Cambodian] government will do them harm,” Nou Lekhena said. “They are afraid that the government will abuse their rights and harass their relatives in Cambodia. They are afraid that they will not be allowed to go back to Cambodia.”

The Khmer Rouge tribunal is currently trying the former director of Tuol Sleng prison, Kaing Kek Eav, or Duch. The subsequent case, which involves Noun Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, is still open for complaints.

ECCC Victims Unit Change Threatens Credibility

Sunday, May 31, 2009
By James Bair
Originally posted at http://impossibleasflying.blogspot.com

In the long tale of good intentions gone awry that is the Extraordinary Chambers in the Courts of Cambodia, the one area of the Court that had continued to give me hope was the Victims Unit. As I have written elsewhere, the VU is a pioneering experiment in international criminal law, combining the victims’ participation rights of the civil law system with a war crimes tribunal to allow victims a right to present their own case against those accused of the slaughter of nearly 1.5 million Cambodians under the Khmer Rouge regime.

Sadly, the VU now appears to have fallen victim to political influences, as well. On May 11, victims’ lawyers filed a motion with the court calling on the UN to release the results of its investigation into corruption at the ECCC. The next day, these lawyers instead found that they themselves had now become the target of investigations to determine whether their work would “discredit” the court. The following Monday, the head of the Victims Unit, a courageous, dedicated professional with a long career in international human rights, abruptly resigned, to be replaced by the Court’s Public Affairs officer, a former librarian from Australia.

In the May18 press release announcing this change, the ECCC stated that it was “taking steps to strengthen and streamline its activities in the areas of Public Affairs, Outreach and the Victims Unit.” On its face, this is the type of neutral language that only a lawyer could love. It is mildly forceful, and has active verbs like “strengthen” and “streamline” that are hard to quarrel with, especially at an institution that is not known for either its strength or its efficiency. But a closer look shows that these changes could well threaten the independence and effectiveness of the Victims Unit, and perhaps mark the end of the ECCC’s last shreds of legitimacy.

Nearly a year ago now, bowing to increasing pressure from the international community, the United Nations began an investigation into charges of corruption and graft at the ECCC. In August of last year, the Court decided to supplement this effort by appointing Dr. Helen Jarvis, then the head of Public Affairs for the ECCC, as the Court’s “ethics monitor.” This was intended to shed light on accusations at the Court and dispel any fears that corruption would taint the legitimacy of any verdict rendered by the Tribunal. Shortly after Dr. Jarvis’ appointment, however, it was announced that the Cambodian government would review all future allegations in secret. Not surprisingly, allegations of corruption at the court continue, and the details of the UN’s investigation have still not been made public.

The victims of the Khmer Rouge apparently decided that they’d had enough. According to a Phnom Penh Post article published on May 12, lawyers for the civil party victims filed a motion with the Court demanding that the results of the UN investigation be made public. In a press release, the lawyers stated that:

“The existence of the [UN report] is directly relevant to the proceedings in the Duch trial, as its publication after the close of the proceedings may expose the trial judgment to claims ... that corruption within the ECCC rendered the trial unfair.”
In what seemed to be a reference to Dr. Jarvis’ work as “ethics monitor,” the lawyers went on to say that:

"We were hoping that there would be an anti-corruption mechanism in place by now, but the government and the UN have decided against this. We are now in the position where we are four weeks into the first trial and the allegations we are reading about are actually getting worse ... it's a ticking bomb.
"The victims,” he emphasized, “know that it is not closure if the verdict is tainted."

The Court has thus far not responded to the motion. However, in a rare moment of rapid response, the Cambodian government announced an immediate change in policy that could only have been triggered by the civil party filing.

On Tuesday, May 12, the day after the filing, a spokesman for Cambodia’s Council of Ministers announced that the Cambodian government was now monitoring “all international staff” at the Tribunal, saying: “the international side has corruption, too.” When reporters pointed out that this amounted to a tacit admission of still-undisclosed corruption on the Cambodian side of the Court, he backed off slightly, saying that no evidence of corruption on the Cambodian side had yet emerged.

The spokesman went on to emphasize that these new investigations will include “some civil party lawyers and interns working at the UN-backed court.” When asked to specify the type of “corruption” of which these international lawyers were suspected, he said: “This is not interference. I am not threatening anyone. We are keeping watch and looking for information that might discredit the ECCC."

Not surprisingly, he did not clarify what sorts of things might “discredit” the court, though one suspects that probing around things that the Cambodian government might prefer remain secret would qualify.

And so, rather than addressing the serious accusations raised by the victims, the Cambodian government has decided instead to investigate the lawyers who raised the concern. This is precisely the same thing that happened in January in response to corruption allegations raised by the Defense – rather than responding to the charges, the Cambodian judges threatened to sue the defense lawyers.

But the most disturbing news came the following Monday, May 18, when it was announced that the head of the Victims Unit, KEAT Bophal, had suddenly resigned. Ms. Bophal, who had formerly worked for the UN High Commissioner for Human Rights, had been director of the Unit for a year and a half. While no proof has been offered of a connection between these events, it does seem curious that her abrupt departure came only days after victims’ lawyers became emboldened to challenge corruption at the ECCC.

The choice of her replacement is telling, and hints that the VU’s focus may be about to shift from pursuing justice for victims to maintaining peace with Cambodia’s ruling politicians. While Ms. Bophal had a lengthy career in the field of human rights advocacy before assuming the directorship of the Victims Unit, Dr. Jarvis is a former librarian who has until this point served as the ECCC’s Public Affairs Officer. Before joining the Court, it has been reported that she was a longtime advisor to the Cambodian Deputy Prime Minister, Sok An, which has led some to question her impartiality.

Dr. Jarvis' work at the Tribunal thus far has not been to advocate for victims – it has been to advocate for the Court itself. As public affairs officer, it was Dr. Jarvis' job to put the best face on the near-constant scandals and accusations of corruption that have plagued the ECCC. It is an understandable position, and one that is essential to ensuring that the Court continues to function. But it is fundamentally incompatible with the interests of victims, for whom a fair trial is paramount. As months worth of news stories have demonstrated, a fair trial and the continuation of business as usual at the ECCC cannot be reconciled with one another.

The real concern, however, should not be Dr. Jarvis’ personal qualifications to lead the VU, nor any allegations of ties to the Cambodian government, unless and until these can be substantiated. Rather, it is the sheer callousness of the decision to appoint her in this manner. While it has not been proven that the VU’s leadership changed hands due to political pressure, it certainly seems that way. And in many respects, the continuing impression that the ECCC operates on political expediency, rather than the rule of law, is more damaging to the trials than a full disclosure of any alleged corruption could ever be.

The choice of Dr. Jarvis for this position is curious for several reasons. First, it seems inconsistent with the spirit, if not the letter of the ECCC law, which holds that Cambodians should comprise the majority at every level of this hybrid institution. This same principle was applied in the previous structuring of the VU. Ms. Bophal was appointed as head of the Victims Unit in February 2008. Despite the fact that the ECCC had been operational for over a year at that point, and that the Victims Unit had been up and running for nearly four months, much of the implementation of the Unit’s mandate was delayed until a Cambodian was named as the director. Such was the importance rightly attached to ensuring that the victims of the Khmer Rouge be represented by one of their own. Alas, the importance of this symbolism seems to have waned in comparison with the Court's need to control the corruption story.

Secondly, Dr. Jarvis herself has been intimately involved with the corruption investigations for nearly a year now. Her appointment, coming so quickly on the heels of a civil party motion that criticized her own ethics investigation, cannot help but be tainted, even if no conflict of interests actually exists. Even if no overt pressure is henceforth placed upon civil party lawyers, the optics of this situation are all wrong, as a former Public Affairs Officer should surely know.

The culture of intimidation at the Court has not improved since Dr. Jarvis’ appointment. Just a few days ago, on May 26, the Post reported that a Cambodian government official ominously warned journalists to "be more professional" in their reporting about the Court, warning that critical reporting of the tribunal "could cause justice to escape the Cambodian people.” The minister, Pen Samitthy, coyly declined to say that such reporting might cause the UN to pull out of the ECCC. However, the words he chose apply with equal force to concerns about the recent changes at the Victims Unit.

"We have the saying," he told journalists last week, "if there is smoke, there is fire."

Can Helen Jarvist - who has Marxist-Leninist ties - be trusted to lead the ECCC victims unit?

Jarvis' Leninist ties under fire

Thursday, the 04th of June 2009
By Elena The Phnom Penh Post

Since the recent announcement that Helen Jarvis would become head of the ECCC Victims Unit, the former court spokeswoman has come under increased scrutiny.

In today's Cambodia Daily, lawyers for defendant Nuon Chea said Jarvis' political beliefs were cause for concern, and cited an open letter she had signed in 2006 penned by the Leninist Party Faction.

The letter, which was signed by over 50 people, reads, "We too are Marxists and believe that 'the ends justify the means.' In time of revolution and civil war, the most extreme measures will sometimes become necessary and justified. Against the bourgeoisie and their state agencies we don't respect their laws and their fake moral principles."

The Daily goes on to quote lawyer Michiel Pestman: "I have my serious doubts that a person with these views is the right person to be one, an ethics monitor, and two, head of the victims unit. She is constantly minimizing and downplaying the issue of corruption at the court. She is always taking the view of the government. We are seriously worried."

The lawyers have said they will hold a press conference tomorrow. I assume they are planning to revisit Jarvis' appointment then.

I also received a very interesting link yesterday from a lawyer and fellow blogger. You can read his thoughts on the recent personnel shuffle here. He writes that the VU "appears to have fallen victim to political influences" and also questions whether Jarvis is an appropriate choice for her new job.

Tribunal Calls for More Victims to File

By Kong Sothanarith, VOA Khmer
Phnom Penh
20 January 2009

Khmer Rouge tribunal officials on Tuesday called for more people to come forward to file complaints against jailed Khmer Rouge prison chief Duch.

The call, from the tribunals Victims Unit, comes as Duch, also known as Kaing Kek Iev, prepares for the initial hearing of his trial on Feb. 17.

Trial Chamber judges on Monday decided victims would be able to continue to file complaints to the Victims Unit in Duch’s case up until Feb. 2.

In order to encourage more complaints the Victims Unit said her unit would work during weekends, the unit’s director, Keat Bophal, said.

“We will have a team working Saturday and Sunday to provide a facility to victims who want assistance in the process,” she said.

The filing of complaints at this stage is important for people who want make a claim for compensation and participate in the procedures of the court, Keat Bophal said.

As Duch’s initial hearing approaches, the Victims Unit has so far received more than 100 complaints, more than 70 of which are from civil parties.

More than 20 are simple complaints from people who have signed on as a civil party. (Civil parties have lawyers and participate in the entire process of the tribunal.)

Hong Kim Suon, a lawyer for civil parties, said Tuesday the preparation of the Victims Unit was good, but its outreach was still lacking.

People can only file complaints if they understand the procedure, he said.

“Participation in the civil party proceedings is not only for justice, but also to remind victims who have died already that we are struggling for their justice,” he said.

Germany pledges US$2.4 million for cash-strapped Cambodian genocide tribunal

Friday, July 11, 2008
The Associated Press

PHNOM PENH, Cambodia: The German government Friday pledged €1.5 million (US$2.4 million) to Cambodia's cash-strapped tribunal, which is charged with prosecuting former Khmer Rouge leaders with war crimes and crimes against humanity.

The main aim of the funds will be to allow victims of the communist dictatorship "to play a more prominent role in the proceedings" of the U.N.-assisted tribunal, the German Embassy said in a statement.

Some 1.7 million people died from starvation, disease and overwork or were executed during the Khmer Rouge's radical rule that turned Cambodian into a vast slave labor camp during the mid-1970s.

The tribunal, which has detained five former senior Khmer Rouge leaders on charges of crimes against humanity and war crimes, is seeking more money to carry out its goal of bringing the suspects to trial.

The embassy statement said Friday the money will be used to finance activities of the tribunal's victim support unit, which is designed to protect the rights of people who suffered under the regime.

"Up to now, victims have found it difficult to make their voices heard and, for that reason, the unit helps to inform the victims and to represent their interests," it said.

It said Germany had already given US$5.5 million to the tribunal since 2005.

In June, a revised budget estimated the cost of carrying out the tribunal's work through 2010 to be US$143 million. The tribunal is US$86.7 million short of that goal.

The US$56.3 million that was originally budgeted proved inadequate because the tribunal has had to recruit more staff and expand its work.

Khmer Rouge Victims Participate In 'Historic Day'

Press Release: United Nations

Khmer Rouge victims participate in 'historic day' at UN-backed tribunal

4 February 2008 - Cambodians who suffered under the rule of the Khmer Rouge participated for the first time today in the United Nations-backed tribunal trying the movement's leaders.

Their participation, through their lawyers, was described by the tribunal's Victims Unit as "a historical day in international criminal law."

"To date, no international or hybrid tribunal mandated to investigate war crimes, crimes against humanity or genocide has involved victims as civil parties, giving them full procedural rights," the Extraordinary Chambers in the Courts of Cambodia (ECCC) Victims Unit said.

Under the tribunal's rules, victims of crimes committed under the rule of the Khmer Rouge can play an active role in the court's proceedings as civil parties, with rights including participation in investigations, representation by a lawyer, the ability to call witnesses and question the accused, and to claim reparations for the harm they suffered.

Today's hearing on the appeal by former Khmer Rouge leader Nuon Chea (aka Brother Number Two) against his provisional detention was adjourned in response to a request by a defence lawyer. A decision on the date of its resumption will be announced on 6 February.

Nuon Chea faces charges of having planned and ordered the murder, torture and enslavement of civilians in the late 1970s.

Under an agreement signed by the UN and Cambodia, the ECCC was set up as an independent court using a mixture of Cambodian staff and judges and foreign personnel. It is designated to try those deemed most responsible for crimes and serious violations of Cambodian and international law between 17 April 1975 and 6 January 1979.