Revenues from Entrance Fees to Angkor Wat [...went Missing in Corruption?]

Clockwise from Top Left: Hun Sen, SRP MP Son Chhay, So Moura, Minister of Tourism Thong Khon, Sok Kong owner of Sokha Hotel Group (Photo: Sralanh Khmer newspaper)

12th March 2008
By Mao Sotheany
Radio Free Asia
Translated from Khmer to English by Khmerization

Mr Son Chhay, who is a member of parliament and chairman of the parliamentary committee from the Sam Rainsy Party has, on Tuesday, reacted in response to Prime Minister Hun Sen’s letter which stated that the revenues collected by the Sokha Hotel Group from the sales of tickets to tourists who come to visit Angkor Wat have been properly audited and accounted for by the Ministry of Finance and the National Audit Authority.

Mr Son Chhay indicated that annually the State Treasury had lost approximately $US30 million of the $US60 collected from the sales of the tickets to tourists who visit Angkor Wat. He said that the numbers of tourists visited Cambodia in 2007 were 2 million, not 1 million as stated by the prime minister. Mr Son Chhay said: “The figures from the Ministry of Foreign Affairs as well as from the Ministry of Tourism stated that the numbers of tourists visited Cambodia were as high as 2.4 million visitors. And the calculated numbers of tourists to Angkor Wat of 1 million visitors are the in correct figures. And secondly, the method which Oknha Sok Kong company collected the revenues from the tourists, in January I have personally visited the sales office on the spot, the staff there told me that there is a directive ordering them not to keep any receipts and documents related to the sales of the tickets in the computer data.”

Mr Son Chhay also claimed that, according to the information he obtained from his inquiry when he visited the ticket sales office, Kong Kong’s company has transferred approximately $US6 million per month from the proceeds of the ticket sales from Siem Reap to a bank account in Phnom Penh.

Mr Son Chhay said: “Furthermore we’ve received information that Sok Kong’s company has transferred not less than $US6 million per month of the revenues collected from the sales of the tickets to a bank account in Phnom Penh. In total, according to our calculations, considering that each ticket was sold for $US20, $US40 or $US60, the amounts released were not correct, if we take into account that the sales of $US60 accounted for less than 40% of the numbers of visitors. In total, I believe that the revenues collected from the sales of the tickets to Angkor Wat can be as high as $US60 million, not the $US30 as claimed by Sok Kong’s company.”

Even though the Prime Minister has written a letter to the parliament on the 3rd of March which stated that the numbers of tourists were only estimated at 1 million tourists a year, his speech on Wednesday in a meeting to review the works of the Ministry of Tourism stressed that the numbers of tourists were estimated at approximately the same as the statistics from the Ministry of Tourism in the website (http://www.mot.gov.kh/), which are the same figures as claimed by Mr Son Chhay.

Prime Minister Hun Sen said: “I applaud and value the arrivals of international tourists which estimated at 2 million in 2007 who have brought incomes estimated at about $1.4 billion to our nation, which is accounted to 10% of our Growth Domestic Product and have created 300,000 jobs for our people.”

The 5-year contract of concessions signed on 17th June 2005 between the government and the Sokha Hotel Group stated that the amount of up to $US3 million from the sales of the tickets to Angkor will be split 50% to the Apsara Authority and 50% for the Sokha Hotel Group.

And any amount above the $US3 million will be split as follow: 15% deposited in Angkor Development Fund and 85% will go to the Apsara Authority. In turn, this 85% of revenue will be split 80% to Apsara Authority and 20% to the Sokha Hotel Group.

Related Story:
http://khmerization.blogspot.com/2008/03/prime-minister-hun-sen-clarifies-about.html

UN Audit Found Tribunal Fell Short in Staffing

Mean Veasna, VOA Khmer
Original report from Phnom Penh
02 October 2007

The Khmer Rouge tribunal is struggling under a number of deficiencies, including under-qualified staff, high salary scales and weak evaluation and monitoring of court activities, according to UNDP audit issued in June.

In an audit posted on the Web Tuesday, a UNDP team recommended the UN seriously consider "withdrawing from the project altogether" if the shortcomings were not addressed.

The audit was posted Tuesday on the Web site of the Extraordinary Chambers in the Courts of Cambodia, or ECCC, the official name of the tribunal.

The audit's confidentiality had been a point of contention for human rights and justice advocacy groups, who wanted the findings made public when the audit was completed, following allegations last year that Cambodian judges pay kickbacks to government officials in order to sit in the courts.

The Cambodian side of the tribunal called the UNDP's recommendations "completely out of proportion," "unacceptable," and "non-negotiable."

A statement that accompanied the audit's release said the Cambodian side had long been in favor of publicizing the audit.

The audit row comes just as the tribunal was gaining momentum. Khmer Rouge ideologue Nuon Chea was arrested just last month, joining Tuol Sleng prison chief Duch in tribunal custody.

The audit also comes with a looming budget pinch.

In an interview with VOA Khmer in New York ahead of the UN General Assembly, Foreign Minister Hor Namhong said Monday the tribunal budget was "lacking."

"At about the end of the year, Cambodia and the UN will jointly appeal for an additional budget," he said. "The lack is minimal.... I think that there will be no problem, because the proceedings are going smoothly."

The audit was made public the following day. The now-public document does not include any findings of outright corruption, bribery or kickbacks, long hallmarks of Cambodia's judiciary. Instead, it points out serious mismanagement in hiring practices and other shortcomings.

"If the Cambodian side does not agree to the essential measures at are, from UNDP perspective, necessary to ensure the integrity and success of the project, then serious consideration should be given to withdrawing from participation in the project altogether," the audit report said.

It also cited "serious lapses in recruitment" leading to jobs that "should be nullified." A new job search should be launched "with clearly established procedures under the close supervision of UNDP," the audit says.

The tribunal said in its response this would not be possible, asking where money for such a do-over would come from.

The audit recommended a careful review of Cambodian salaries along with justifications for pay. It found high salary scales for tribunal staff, a significant increase in staff, and staff that did not meet minimum requirements.

In a review of 29 staff files, the audit found 18 people who did not qualify for their jobs.

Auditors found one person working a job requiring a degree in English and a minimum three years experience in professional interpretation. The tribunal employee in that position only had part-time experience interpreting and was pursuing a degree in education.

The audit found a very low number of respondents to job vacancies. Where 50 applicants or more were the norm, according to UNDP-Cambodia, only a handful of Cambodians applied for tribunal jobs. There was only one response for the job of internal auditor.

The Cambodian side of the tribunal issued numerous responses to accusations leveled against it. The most qualified applicants were chosen among those who applied, and job postings had been thoroughly circulated, the tribunal said.

OSJI was right all along in the ECCC kickback allegations?

UN, Tribunal Announce More Transparent Practices

Mean Veasna, VOA Khmer
Original report from Phnom Penh
26 September 2007

The Khmer Rouge tribunal and UNDP announced Tuesday they were taking steps to improve transparency in hiring practices of Cambodian tribunal staff, following reports of corruption from an independent monitor and an internal assessment.

The UN's tribunal office issued recommendations Tuesday on its Web site, following an assessment in June.

According to the recommendations, the UN will send a court management expert to consult tribunal staff, assess the capabilities of existing staff, develop a rapid training program, produce job cards and introduce basic operating systems.

Charges of corruption in the courts have nettled the tribunal since a report last year by the independent Open Society Justice Initiative accused Cambodian judges of paying kickbacks to government officials for seats at the tribunal.

Beware, plundering leaders of Cambodia! Look at what happens in the Philippines

In this photo released by the Philippine National Police ousted Philippine President Joseph Estrada appears in a police booking photo following his arrest on corruption charges in this April 25, 2001 file photo in Quezon city northeast of Manila, Philippines. No matter what the verdict is Wednesday, Sept. 12, 2007, in Estrada's corruption trial, the Philippine opposition is likely to seize the opportunity to try to rally its dispirited, disjointed followers. (AP Photo/Philippine National Police, File)

Philippines' ex-leader convicted

09/11/2007
By PAUL ALEXANDER
Associated Press Writer

MANILA, Philippines—Deposed President Joseph Estrada was convicted and sentenced to life in prison Wednesday after a landmark six-year trial on charges that he took bribes and kickbacks in office.

Estrada, a former action film star who once pulled off the biggest election victory in Philippine history, was ousted in January 2001 by the country's second nonviolent "people power" revolt.

Estrada was convicted of plunder—a capital offense—though the death penalty was recently abolished. He was acquitted of perjury related to allegations he falsely declared his assets.

Estrada's son Sen. Jinggoy Estrada and lawyer Eduardo Serapio were co-defendants in the case but were acquitted of plunder charges.

Estrada called the verdict "a political decision" by "a kangaroo court." He was also ordered to forfeit a mansion and more than $15.5 million.

"This is the last chance for the state to show that we can do it, that we can charge, prosecute and convict a public official regardless of his stature," special prosecutor Dennis Villa-Ignacio said. "It shows that our judicial system really works."

Riot police and troops kept hundreds of flag-waving Estrada backers several blocks from the Sandiganbayan, the anti-graft court in Manila that Estrada inaugurated before he was ousted.

Security also was very tight around the presidential palace as President Gloria Macapagal Arroyo worried about a repeat of violent protests that followed Estrada's arrest in April 2001.
Arroyo spokesman Ignacio Bunye appealed for calm.

"We hope and pray that the rule of law will prevail," Bunye said. "Meantime, we have a country to run, an economy to grow and a peace to win. We hope that this sad episode in our history will not permanently distract us from this goal."

Estrada, who has continued to wear a wristband with the presidential seal in public—said before the verdict that he would appeal a conviction but did not immediately tell the court he would do so.

"This is the only forum where I could tell the Filipino people my innocence," a disappointed Estrada told reporters. "That's why I took a gamble. I thought the rule of law will prevail over here. This is really a kangaroo court. This is a political decision."

Rene Saguisag, one of Estrada's attorneys, added: "In its heart of hearts, it was a case of guilt not proven."

Estrada was accused of illegally amassing about $81 million in bribes and proceeds from illegal gambling, and falsely declaring his assets. The trial ran from October 2001 to June 15.

Estrada has denied the charges and accused Arroyo of masterminding his removal in a conspiracy with leaders of the Roman Catholic Church and senior military officers.

Speaking to The Associated Press just hours before he heard his fate, the 70-year-old Estrada said he was ready for the latest act in his presidency, which he often has called the "last and best performance of my life."

Estrada praised his political power base, the urban poor who reveled in his film roles as underdog heroes.

"I would have been nobody without the masses," he said. "They were there in the past, during my stardom and my presidency, my trial and up to now, even when I was already detained."

Estrada, who earlier rejected any suggestions of a pardon by Arroyo, said he feels he has been acquitted by the populace with the victories of candidates he backed in mid-term elections earlier this year.

With credit for time served in detention, it was unclear when Estrada might be eligible for parole.

———
Associated Press writers Jim Gomez, Oliver Teves, Teresa Cerojano and Hrvoje Hranjski contributed to this report.

OSJI urges further ECCC kickback investigation

Justice Watchdog Urges Further Kickback Investigation

Mean Veasna, VOA Khmer
Original report from Phnom Penh
29/06/2007

A tribunal watchdog has called on the UN to further investigate charges that Cambodian judges pay kickbacks to high-ranking officials in order to sit on the courts, while outlining a bevy of weaknesses that remain in the process to try former top Khmer Rouge leaders.

The Open Society Justice Initiative praised agreement on internal rules for the Extraordinary Chambers in the Courts of Cambodia, but said the UNDP must ensure a recent audit of the courts' human resource management unit is acted upon.

OSJI's Cambodia Justice Initiative Director Long Panhavuth said the UNDP audit should be made public to quell doubts over kickbacks.

"If the report is not made public, then the people are still in doubt about the problem which has not been solved," he said. "So we believe that there should be an investigation to ensure the whole tribunal is just."

The courts have so far declined to release the audit.

In a June report, OSJI cited the courts failure to address "persistent allegations" of kickbacks as a threat to the credibility of the tribunal. It further cited "flaws in the Cambodian judicial selection process" and "delays and fractures between the national and international judges" as impediments to justice.

"Challenges" to the tribunal, OSJI said, included "maintaining the reality and appearance of independence and impartiality of the judiciary and other organs of the court; ensuring compliance with due process and fair trial standards; fostering transparency and public engagement; and improving overall capacity and effectiveness of operations."

"As the ECCC moves into its investigations phase, immediate steps must be taken on an array of issues," OSJI said, "including: getting the courtrooms ready for pre-trial hearings, which are expected to start in a few months; providing protection and support to potential witnesses; making the court's operations more accessible to the Cambodian public through enhanced outreach; and instituting more transparent reporting on the court's financial and administrative operations."

"Without prompt attention to these and other needs," OSJI said, "further delays will likely plague the court and erode public confidence."

OSJI has been involved in a row with the courts since it pointed out allegations of kickbacks in February. Government and court officials strongly denied the allegations, and a spokesman said the government had considered severing ties with the group or ejecting some of its members.

The OSJI report and statement Wednesday received little credence at the courts, ECCC spokesman Reach Sambath said Friday.

"Everyday, we do not work based on this report," he said. "We understand what we have to do. Some of the points [in the report] are unreasonable and are not being used. So, our goal is to have a good tribunal, and it will take a long time."

UNDP Says It Is Considering Proper Use of Tribunal Budget [-UNDP should publicly release its audit on ECCC]

Mean Veasna, VOA Khmer
Original report from Phnom Penh
25/05/2007

The UNDP said Friday it was considering a number of measures to insure the proper use of aid money for the Khmer Rouge tribunal budget, following an audit of the tribunal courts.

"We are considering the choices and the measures in thinking about the answers from the ECCC side like that which has already been implemented in every audit," the UNDP said, referring to the tribunal by its official name, the Extraordinary Chambers in the Courts of Cambodia.

The statement follows demands from numerous rights groups for a release of a recent audit, after an advocacy group found what it said was corruption among Cambodian judges. The Open Society Justice Initiative, which helps train judges for the tribunal, said last year the Cambodian judges paid significant kickbacks to government officials in order to have seats in the Extraordinary Courts.

Civic Groups Call for Release of [Khmer Rouge] Tribunal Audit

Mean Veasna, VOA Khmer
Original report from Phnom Penh
18/05/2007

Civic groups Friday called on the Khmer Rouge tribunal to release a report that could expose corruption among judges, two weeks ahead of a scheduled meeting to discuss the internal rules of the beleaguered process.

Last year, the Open Society Justice Initiative, a group helping train tribunal judges and prosecutors, said Cambodian judges paid hefty kickbacks from their salaries in order to sit on the tribunal.

A subsequent UNDP audit of the courts was to be submitted Thursday. Spokesman Reach Sambath confirmed the tribunal judges had received the audit, but said it was not a public report.

Long Panha, of the Cambodia Justice Initiative, said the report should be available to the people to answer their concerns over corruption in the tribunal.

"We still wonder if the issue has been identified," he said. "Is there any serious issue involved? We believe a report that people should know about should be made public."

Center for Social Development Director Seng Theary said the report had not been hidden or forgotten, but should be made public.

"Now we know we have no information," she said.

Cambodian Tribunal Judges Demand Retraction of Corruption Allegations

Veasna Mean
VOA Khmer
Phnom Penh
09/03/2007

Cambodia judges for the Khmer Rouge tribunal Friday demanded the retraction of corruption allegations by the independent Open Society Justice Initiative.

The group, which helps train Cambodian judges, said last month that local judges sitting on the Extraordinary Chambers in the Courts of Cambodia must pay up to 30 percent of their salaries to government officials in order to sit on the tribunal.

That allegation "seriously undermines the reputation and integrity of all national judges appointed by the ECCC," Kong Srim, the head of the Supreme Court for the tribunal, said in the statement released Friday.

Kickbacks in the notoriously corrupt country are commonplace, including among the judiciary.

International and local judges began a 10-day series of meetings this week to hammer out differences over crucial rules for the tribunal, and observers say failure now could lead to a scuttling of the tribunal altogether.

OSJI's retraction without investigation into alleged corruption? ECCC's Cambodian judges want easy way out

Friday, March 9, 2007
Cambodian genocide tribunal judges demand retraction over corruption allegation

The Associated Press

PHNOM PENH, Cambodia: Cambodian judges of the U.N.-backed Khmer Rouge genocide tribunal have asked a New York-based legal group to retract an allegation that judges were funneling kickbacks to the government in exchange for their jobs.

One of the panel's lead judges, Kong Srim, defended his colleagues in a statement dated Thursday that dismissed the accusation by the Open Society Justice Initiative.

It "creates public confusion and seriously undermines the reputation and integrity of all national judges appointed to" the tribunal, said the statement, which asked the group to "correct by appropriate means this unsubstantiated allegation."

Kong Srim is the president of the supreme court chamber of the long-awaited Khmer Rouge tribunal, which is officially known as the Extraordinary Chambers in the Court of Cambodia.

The tribunal is scheduled to start later this year, but has been bogged down by internal disagreements between Cambodian and foreign judges over drafting rules that will govern the proceedings.

The tribunal was created by a 2003 agreement between Cambodia and the United Nations after years of difficult negotiations seeking justice for crimes committed when the Khmer Rouge held power from 1975-1979.

The radical policies of the now-defunct communist group led to the deaths of some 1.7 million people from execution, overwork, disease and malnutrition.

The tribunal has been set up to operate under the Cambodian judicial system, which is widely regarded as corrupt and susceptible to political influence.

The Open Society Justice Initiative, which has assigned two observers to monitor the tribunal, alleged in a Feb. 14 statement that, "Cambodian court personnel, including judges, must kick back a significant percentage of their wages to Cambodian government officials in exchange for their positions on the court."

In Thursday's response, Kong Srim said that the Cambodian judges made their decision to work at the tribunal "without being subject to any pressure or promise as mentioned in your statement."

"We all clearly understand that bringing justice to the people of Cambodia, especially victims of the Khmer Rouge regime, is a mission that requires the highest level of professional responsibility," he said.

The United Nations development agency, UNDP, which is managing some of the tribunal's funds in Cambodia, said in a statement last month it has conducted an audit into finances of the tribunal.

The action, it said, was prompted by "various reports" late last year that "raised concerns about transparency of hiring procedures" of the tribunal. It has not released its findings yet.

Heather Ryan, an OSJI monitor of the tribunal in Phnom Penh, said Friday she had not seen Kong Srim's statement and had no comment.

Kickback claims stain the KRT

By Cat Barton
Phnom Penh Post, Issue 16 / 04, February 23 - March 8, 2007

Rumors of political interference have dogged the Extraordinary Chambers in the Courts of Cambodia (ECCC) since its inception. Now, recent allegations that Cambodian staffers must provide a portion of their wages to government officials have highlighted the difficulties of introducing international legal standards to a country widely considered to be systemically corrupt.

"The kickbacks have been an open secret for months," said one person close to the trial, who requested anonymity. "The problem with this type of corruption is that it is woven into the fabric of society. The employees who are paying the kickbacks are benefiting. No one is inclined to talk on the record and lose their job. There is a very real fear of retaliation."

Reports concerning a lack of transparency in the hiring procedures of the ECCC began surfacing late in 2006, said the United Nations Development Program (UNDP) in a statement released on February 20. This prompted the UNDP - which has provided $5 million to the tribunal - to commission an internal audit of the ECCC between January 29 and February 2. The results have not yet been made public.

On January 31, the Khmer-language paper Voice of Khmer Youth, now aligned with the Norodom Ranariddh Party, printed a story that claimed Cambodian ECCC officials - including judges - were paying 30 percent of the salaries to government officials to secure their positions. On February 14, the New York-based Open Society Justice Initiative (OSJI) issued a statement calling for a comprehensive investigation into the allegations.

"The official line is that we are supporting OSJI's determination to ensure the ECCC is a transparent and independent court," said ECCC press officer Peter Foster.

Sean Visoth, the tribunal's administrative director, responded by banning OSJI officials from his offices, and writing a letter to the NGO in which he called the statement "offensive and destructive." He announced he no longer wished to cooperate with OSJI.

"The disconnect between the official line and Visoth's response is understandable," said Theary Seng, director of the Center for Social Development. "Because the ECCC is also a court of public opinion, appearances must be maintained. Part of it is to obscure, part of it is misguided hopefulness, part of it is to buy time, part of it is to shape public perception."

One UN official, speaking on the condition of anonymity, expressed "grave concern" that Helen Jarvis, head of the ECCC press office, "speaks at the behest of the Cambodian government and not for the tribunal as a whole."

Jarvis told the Post on February 22, "It is impossible to respond to anonymous blanket slander. I am carrying out the job for which I have been appointed."

The press office has maintained a positive stance on the discussions over the court's draft internal rules. But people close to the court have said the judges are divided along Cambodian and international lines. One observer described it as a "clash of legal cultures."

"Public statements that the negotiations are going well, when they are not, compromise and even sabotage the negotiations," said Chantal Beaubien, legal adviser for ADHOC's KRT program. "Such statements imply that the international judges will not pull out of the negotiations and abandon the ECCC if international standards are not being met. This weakens the position of the international judges."

Unlike some other hybrid tribunals, the ECCC does not have a separate press office for the administrative and judicial components of the trial. There are no specific plans to create one, Foster said. International judges have chosen to express their thoughts on the progress of discussions over the court's internal rules to the press directly.

"It's part of our job to explain what's going on in this court," Marcel Lemonde, international investigating judge, told the Post on February 21. "People have been awaiting this trial for 30 years, they wonder why the judicial process appears to be delayed and I believe it would be absurd for judicial officers to refuse to give information at all."

According to Beaubien, international judges bypassing the press office and making statements about their positions directly to the local and international media, means there is a lack of coherence between the position of the judges and that of the press office.

"The channeling of information and statements through the press office is no longer functioning correctly," she said.

ECCC officials are using the media to raise their concerns and communicate their stance on key issues both to the general public and to their colleagues, Seng said.

"There are cultural, linguistic, and political divides between the Khmer and international ECCC officials," she said. "They are using the media as a medium of communicating to their other colleagues. For example, Khmer officials do not believe the UN will pull out of the ECCC."

The international judges have maintained that they cannot participate in a trial that would not be a fair trial, before an independent and impartial court, Lemonde said.

"This is a non-negotiable issue and, if these conditions were not met, the judges would just have no choice but require the UN to withdraw," he said. "This is not a threat or, worse, bluff - it's just the reality."

It may be tempting to employ threats of a pullout in the heat of the talks, but it would be premature to walk at this stage, said David Scheffer, the UN Ambassador for War Crimes Issues.

"An enormous amount is now invested in this process of accountability for the atrocities of the Pol Pot regime," he said by email. "Everyone must keep the victims and the larger purpose in focus - justice for the atrocity crimes that devastated Cambodia."

Direct communication and compromise will prove key to resolving the current division over the IRs, Scheffer said.

"Achieving agreement here is not 'mission impossible,' and everyone surely understands how historically significant their decisions will be in the weeks ahead," he said. "Failure now will never be forgiven by the families of the victims or by historians, regardless of what excuses are given."

As the judges seek consensus over the internal rules, and the administrative office deals with allegations of corruption, accurate information, not excuses, is what the public requires, Beaubien said.

"If press office statements are whitewashing the discussions by failing to disclose that they are going badly, the public is no longer properly informed," she said.

Regardless of the problems the trial may encounter - be it audits, allegations, or arguments over the IRs - it is imperative that they are honestly and openly addressed that the trial might go on, Scheffer said.

"If the ECCC fails to become operational and hold trials then I believe that Cambodian society will be taking an enormous risk," he said. "Without the accountability and historical record that ECCC trials can establish, however partial, for the atrocity crimes of the Pol Pot regime, Cambodian society will never fully recognize the significance of what occurred and of the nation's responsibility to prevent such crimes in the future."

Cambodians Disturbed by New York-Based OSJI Corruption Allegations Against ECCC

17 Feb 07 - 18 Feb 07
By Chey Sachak
Moneakseka Khmer
Translated from Khmer and posted online

International jurists based in New York City told the media last Thursday that "there were allegations of corruption in the court for trying the former Khmer Rouge leaders" and they demanded that these corruption allegations be investigated most thoroughly and quickly.

In their accusation, this group of international jurists claimed as if they were 100 percent sure that Cambodian judges and court personnel in the Extraordinary Chambers in the Courts of Cambodia [ECCC] must kick back a significant portion of their salaries to Cambodian government officials in exchange for their positions on the court.

However, the spokesman for the ECCC completely rejected the charges, claiming that "these allegations are without proof and are totally unfounded. Therefore, we cannot accept them and we do not want to see such bad cooperation."

This spokesman of the Khmer Rouge trial court went on to say, "In general, the Administrative Office of the ECCC has been working transparently since the beginning as we have auditors from foreign countries through the good offices of the UNDP. The auditors from Malaysia came here two or three times already and they all said that everything was fine. Therefore, we just do not understand why this group of jurists made these allegations, and we cannot accept them."

There have been many corruption allegations about the US$56-million budget for the operations of this hybrid tribunal as various excuses have been used to repeatedly postpone the ECCC hearings. Anyway, it has been heard that this great half-breed tribunal might hold a full hearing in 2007.

Although it was maintained that this tribunal to try the former Khmer Rouge leaders would proceed with transparency, an organization called the Open Society Justice Initiative [OSJI] said in a statement issued on Thursday that "Cambodian court personnel, including judges, must kick back a significant percentage of their wages to Cambodian government officials in exchange for the positions they have received in this court."

The statement underscored, "These allegations, if proven, would undermine the credibility of the ECCC, and they must be most thoroughly and swiftly investigated."

A high-ranking foreign diplomat told the media without revealing his name that if these allegations were true it would be a problem of serious concern and it would be better if urgent counter-measures are taken.

However, most of the personnel in this Khmer Rouge trial court, including the judges, have denied the charges, saying that they were not aware of any request for kickbacks of part of their wages by any government officials.

Nevertheless, ECCC Public Affairs Officer Peter Foster was of the opinion that if there were serious allegations about corruption, then there must be an investigation by both sides in this tribunal.

A source close to the New York-based OSJI told the media that at least 182 ECCC staffers, both Cambodian and international, who are working in the court to try the former Khmer Rouge leaders are paid wages ranging from $300, $700, and $1,700 to $2,000-3,000 and more than $5,000 a month depending on their positions from janitors, laborers, and assistant personnel to judges and court officials. And if they are Cambodian officials and personnel, they must give part of their wages to government officials, he said.

The same source said in detail, "The payment of part of the wages amounting to at least some 20 percent must be made every month. On paper, everything looks fine because full wages are signed away."

However, an ECCC official claimed that an international accounting firm has been commissioned by the UNDP, which is holding the funds of more than $56 million in trust for the court, to audit the human resources practices on the Cambodian side of the ECCC.

At the same time, the ECCC press officer told the media that this oversight was the first of its kind since the court started operations. He said that the results would be made public soon.

This court spokesman further said that the Cambodian side of the ECCC has been subjected to two financial audits already, that is, once in November 2006 and another time in January 2007. However, no remarkable serious misdeeds as alleged have been found.

The news about these allegations has been profoundly disturbing to most Cambodians because this court has so far spent time and resources only on making itself civilized and pretty. It has not yet done anything that can be construed as part of a search to find justice for the nearly 2 million Cambodian victims of the Khmer Rouge regime because of a protracted deadlock on the ECCC internal rules.

Therefore, it is not certain that this half-breed tribunal will be able to find justice for the Cambodian victims, for it could be just a preposterous creature as criticized by the New York-based OSJI.

Officials Fear More Delays in ECCC’s Row With Group

Chun Sakada
VOA Khmer
Washington
21/02/2007

Opposition and NGO leaders say a trial of former Khmer Rouge leaders could be further delayed by the tribunal’s decision to sever ties with a group accusing government officials of requiring kickbacks from local judges.

The Open Society Justice Initiative (OSJI) has said judges must pay significant portions of their salaries for postings to the Extraordinary Chambers of the Courts of Cambodia (ECCC), a claim the ECCC denies.

Youk Chhang, director of the Documentation Center of Cambodia, says the tribunal’s success depends on participation from NGOs and the public. He urges the courts to reconsider, as Sean Visoth, director of the ECCC’s administration office, bars OSJI personnel from entering tribunal offices and ceases all dealings with them.

Tribunal prosecutor Robert Petit says OSJI is influential in the court of justice.

Murky hiring practices spark graft allegations at KRouge tribunal

PHNOM PENH (AFP) - Murky hiring practices at Cambodia's Khmer Rouge tribunal forced the United Nations to order an audit of the court's human resources section amid reports of graft, the agency said Wednesday.

"Various reports in the latter part of 2006 raised concerns about transparency of hiring procedures of the ECCC," the UN Development Programme said in a statement obtained by AFP.

The tribunal, known officially as the Extraordinary Chamber of the Courts of Cambodia (ECCC), has again come under fire after a legal watchdog said last week Cambodian officials were being forced to kick back wages to the government in order to secure their jobs.

"UNDP takes such matters very seriously and, in response, immediately commissioned an internal audit of the ECCC," the agency said.

"Appropriate action will be taken to respond to the internal audit recommendations," it added.

Tribunal officials have vigorously denied the corruption charges, and have cut ties with the New York-based Open Society Justice Initiative, the legal group making the claims.

The group had previously offered funding to train Cambodian jurists.

But the graft allegations are the latest challenges to the credibility of the court, which is also bogged down in disputes between Cambodian and UN judges that make it unlikely the tribunal will begin its trials on schedule.

Some international jurists are reportedly threatening to quit the tribunal, and when asked if the corruption scandal could sink the trials entirely, one source close to the court told AFP: "Absolutely."

Most of the tribunal's 56 million-dollar budget comes from donors, with Cambodia so far contributing only a fraction of its 13-million-dollar share.

The willingness of the international community to foot the bill has repeatedly come into question amid allegations of government foot-dragging and political interference.

Up to two million people died under the 1975-1979 Khmer Rouge regime, which abolished religion, property rights, currency and schools.

Leader Pol Pot died in 1998, and so far only one potential defendant is in custody.

Cambodia and the United Nations agreed in 2003 to a framework for a joint tribunal to try former regime leaders. Trials were expected to start in mid-2007, but will likely be delayed.

There's no kickbacks or bribes in Cambodia, there's only "tea money" and the largest tea drinkers rule the country

Fat cat drinking tea (Painting by Jamie Edwards)

ECCC Denies Allegations of Pay Kickbacks

Mean Veasna
VOA Khmer
Washington
16/02/2007

The Extraordinary Chambers in the Courts of Cambodia (ECCC) dismissed an allegation that its judges use their salaries as kickbacks for the government, an official said on Friday.

In addition to denying these charges, Deputy Prime Minister Sok An, accused the Open Society Justice Initiative (OSJI) for trying to smear the Cambodian government’s reputation.

The remarks is in response to a statement from the Open Society Justice Initiative Thursday, which stated that "local judges among the tribunal staff were allegedly forced to give a significant percentage of their wages to Cambodian government officials, in exchange for their positions in the court.”

ECCC spokesman Reach Sambath also denied the allegations and calls the legal group’s allegations unfounded.

Long Panhavudh, a project manager for the Open Society Justice Initiative (OSJI) project has no comment to the government’s response and directed additional questions to its headquarters, based in New York.

The trial is expected to begin in mid 2007 and the entire process will take three years at the cost of 56.3 million U.S. dollars.

Khmer Rouge tribunal says kickback allegations unsubstantiated

Feb 16, 2007

Phnom Penh - A spokesman for Cambodia's Khmer Rouge tribunal denied allegations Friday that judges were forced to pay kickbacks.

'The allegations are not true. They are totally unsubstantiated,' Extraordinary Chambers in the Courts of Cambodia press officer Reach Sambath said by telephone.

The New York-based Open Society Justice Initiative released a statement Thursday which said that the credibility of the court had been undermined by allegations that court personnel, including judges, must pay considerable kickbacks to Cambodian government officials in exchange for their positions on the tribunal.

The organization gave no details in its release about who had made the allegations or what evidence there was to support them.

Sambath said a routine external audit of the tribunal was underway. He denied it was related to the allegations and said the results were expected within two weeks.

The allegations threaten to further undermine the credibility of the 56-million dollar trials to try a handful of surviving former Khmer Rouge leaders, slated to get underway later this year.

Organizations including New York-based Human Rights Watch have accused the government, which still comprises a number of lower ranking former Khmer Rouge, of lacking the political will to hold the trials.

The Khmer Rouge's Democratic Kampuchea regime ruled Cambodia between 1975 and 1979, during which time up to 2 million Cambodians died.

OSJI charges Cambodian officials at the Khmer Rouge tribunals of corruption and graft

Cambodian judges official take an oath during a swearing-in ceremony inside the Royal Palace of the capital Phnom Penh, Cambodia July 3, 2006. A thorough probe must be made into corruption allegations against Cambodian officials at the Khmer Rouge tribunal, a New York-based legal group said, prompting a quick dismissal by the tribunal office Thursday, Feb. 15, 2007. (AP Phpto/Heng Sinith)

Cambodia genocide court faces graft charges

PHNOM PENH (AFP) - Cambodian officials at the court handling the Khmer Rouge genocide trials are being forced to kick back wages to the government in order to keep their jobs, a legal watchdog has said.

The allegations are the latest challenges to the credibility of the court, which is also bogged down in disputes between Cambodian and UN judges that make it unlikely the tribunal will begin its trials on schedule.

Court officials confirmed that an audit of the tribunal had been launched but denied that it was related to the allegations made by the US-based Open Society Justice Initiative (OSJI).

"The alleged entanglement of money, political favours, government officials, and judicial officers heightens fears that the Cambodian judges are subject to government interference and cannot act independently," the OSJI said.

It said local judges were among those forced to give back "a significant percentage of their wages" to unnamed Cambodian government officials.

But Sean Visoth, chief administrator for the Cambodian side of the joint tribunal, called the outside audit a "regular process" that had nothing to do with the corruption charges.

"All donor funds must be audited," he said. "These are unsubstantiated allegations."

Most of the tribunal's 56 million-dollar budget comes from donors, with Cambodia so far contributing only a fraction of its 13-million-dollar share.

The willingness of the international community to foot the bill has repeatedly come into question amid allegations of government foot-dragging and political interference.

"Donors, the international community, and the Cambodian people have the right to know that money entrusted to the (tribunal) is being spent transparently and honestly," said OSJI executive director James Goldston.

"The court's most precious resource -- public confidence -- is at stake," he said.

Up to two million people died under the 1975-1979 Khmer Rouge regime, which abolished religion, property rights, currency and schools.

Leader Pol Pot died in 1998, and so far only one potential defendant is in custody.