ECCC Reparations

This blog is designed to serve as a repository of analyses, news reports and press releases related to the issue of RERAPATIONS within the framework of the Extraordinary Chambers in Courts of Cambodia (ECCC), a.k.a. the Khmer Rouge Tribunal.

Monday, June 30, 2008

Former Khmer Rouge Minister Appears Before Cambodian Court

30 June 2008

Former Khmer Rouge foreign minister leng Sary appeared before Cambodia's genocide tribunal to press for his release from pretrial detention. He is one of five defendants being held by the so-called Extraordinary Chambers in the Courts of Cambodia, set up to try the former leaders of the ultra-Maoist group for crimes against humanity. Rory Byrne reports for VOA from Phnom Penh.

His lawyers said that he is too old and frail to pose a flight-risk or to threaten potential witnesses, and asked that he be placed under house arrest until his trial begins, probably next year.

Leng Sary is charged with crimes against humanity, committed during the brutal 1975-1979 rule by the Khmer Rouge, when almost two million people died from starvation, disease, overwork and execution.

Known as 'Brother Number Three' in the organization's secretive hierarchy, he was deputy prime minister as well as foreign minister of Democratic Kampuchea, as Cambodia was renamed by the Khmer Rouge. Using his position, he encouraged thousands of Cambodians living abroad to come home. Almost all were later executed.

Youk Channg is the director of the Documentation Center of Cambodia, which is compiling evidence on the Khmer Rouge regime ahead of the upcoming trials.

"He is sort of the international face of the Khmer Rouge, out there [to] convince the world, and the West, to believe that the regime was a success and was good for the country," said Channg. "His mission [was] to bring Cambodians abroad back to the country to help build the revolution - and usually [the] people ended up executed."

leng Sary was given an amnesty by the government in 1996 as a reward for breaking with the Khmer Rouge, along with hundreds of his supporters. Until his arrest last year, he lived in a palatial villa in the capital Phnom Penh, earning a small-fortune from gold and precious-stones interests.

Youk Channg says his prosecution is seen as particularly important for many Cambodians.

"He [was] the untouchable Khmer Rouge leader that has been protected by the government, given amnesty by the kings, and have so much money," said Channg. "So for all of us who is the victims having him arrested makes a huge difference."

leng Sary is one of five defendants being held by the tribunal, which plans to begin its first trial later this year. His wife, 76-year-old Ieng Thirith, who served as the Khmer Rouge's social affairs minister, is also being held on charges of crimes against humanity.

A decision on leng Sary's appeal is not expected for a couple of weeks. Similar appeals by other defendants have been rejected.

Khmer Rouge minister seeks bail

1/7/2008
Source: AFP

Phnom Penh: The former Khmer Rouge foreign minister appeared before the UN-backed Cambodian genocide court yesterday to appeal his detention, in a case that poses the first big test for the tribunal.

Ieng Sary, 82, is one of five top cadres detained in connection with the Khmer Rouge's 1975-79 rule, when up to two million people died of starvation and overwork, or were executed, as the regime dismantled modern Cambodia.

The aged and sickly-looking former leader, who has been charged with war crimes and crimes against humanity, walked into court with a cane and needed the help of guards to sit in the dock.

The hearing was adjourned early in the afternoon until Tuesday after Ieng Sary and his lawyers said he was tired, dizzy and coughing.

A doctor confirmed to judges that Ieng Sary was unwell and said he was at risk of hypertension.

Ieng Sary told the court he did not wish to delay proceedings but wanted to participate in all his hearings.

"I can continue the sessions but am afraid that if I use too much energy today I will not be able to come tomorrow," Ieng Sary said.

Earlier in the day, one of the judges read out part of a pre-trial interview with investigators, in which Ieng Sary repeated his claims of innocence.

"I would like to know the truth about a dark period in our history. I do not know where the truth lies," Ieng Sary said in the statement.


"I am very happy that this court has been established because it will be an opportunity for me to discover the truth and also to share what I know," he added.

Former Khmer Rouge foreign minister to appeal pretrial detention



International Herald Tribune
The Associated Press
Published: June 29, 2008

PHNOM PENH, Cambodia: The former foreign minister of the now-defunct Khmer Rouge movement plans to appeal to Cambodia's genocide tribunal for release from his pretrial detention, a court spokesman said Sunday.

The United Nations-assisted tribunal has charged Ieng Sary, 82, with crimes against humanity and war crimes. He will appear on Monday to press for his release, tribunal spokesman Reach Sambath said.

Ieng Sary is one of five defendants being held by the tribunal, which plans to begin its first trial later this year. His wife, 76-year-old Ieng Thirith, who served as the Khmer Rouge's social affairs minister, is also being held on charges of crimes against humanity.

The tribunal, jointly run by Cambodian and international personnel, is attempting to establish accountability for atrocities committed by the communist group when it ruled Cambodia from 1975 to 1979.


The group's radical policies resulted in the deaths of an estimated 1.7 million people from starvation, disease, overwork and execution.

In their detention order in November, the investigating judges said Ieng Sary is being prosecuted for supporting Khmer Rouge policies that were "characterized by murder, extermination, imprisonment, persecution on political grounds and other inhuman acts such as forcible transfers of the population, enslavement and forced labor."

Ieng Sary has dismissed the charges as "unacceptable" and demanded evidence to support them, according to a copy of his detention order.

Ang Udom, Ieng Sary's lawyer, said he planned to challenge earlier assertions by the judges that his client would be a flight risk and a threat to witnesses if released.

"My client is too old. He cannot escape from Cambodia," Ang Udom said. "If he wanted, he could have done so long before his arrest."

Ieng Sary and his wife belonged to the inner circle of the Khmer Rouge and were in-laws of the movement's late leader, Pol Pot, who was married to Khieu Ponnary, Ieng Thirith's sister. Ieng Thirith took her husband's surname after they got married.

In 1996, Ieng Sary received a royal pardon from former King Norodom Sihanouk as a reward for breaking away from Pol Pot and leading his followers to join the government. The mutiny foreshadowed the Khmer Rouge's collapse three years later in 1999.


But the pardon had no bearing on the Cambodia-U.N. tribunal pact. Similar appeals by other defendants have failed.

The three other suspects in custody awaiting trial are Khieu Samphan, the former head of state, Nuon Chea, the former chief ideologist, and Kaing Guek Eav — also known as Duch — who headed the Khmer Rouge's S-21 torture center.

The tribunal has said it plans to start Duch's trial in September.

Copyright © 2008 the International Herald Tribune All rights reserved

Sunday, June 29, 2008

Will We See a Decision This Time?

Will the PTC manage to hand down its first decision on bail this time around and for the first time this year (PTC last successfully ruled on a bail appeal in Dec, 2007), as the last half a year has been unfruitfully spent on a festival of defense motions and PTC responses to them, the dragged-out process which has effectively blocked decisions from coming out. Please, bear in mind that this is just the bail hearings stage of the proceedings which is fairly rudimentary and, normally, does not take nearly as long in any other criminal jurisdiction. This court is, of course, an exception in so many respects. Let's wait and see what the PTC manages to produce tomorrow and then a few days afterwards that it should take for them to come up with a decision.

Wednesday, June 25, 2008

ECCC: Press Release

A delegation from the ECCC, led by the Director of Administration, H.E. Sean Visoth and Deputy Director of Administration., Mr Knut Rosandhaug, participated in meetings of the Group of Interested States held in New York on 16 and 20 June 2008.

Productive discussions were held in a most constructive atmosphere as donors, the ECCC delegation and senior officials from the United Nations Secretariat discussed the new revised budget, which is presented in two parts: Part I to the end of 2009; and Part II including indicative projections for possible requirements through 2010. The budget reflects a number of changes and clarifications made in response to concerns expressed by the donors following the presentation of the draft in January 2008.

The ECCC is currently seeking funds for the period up to 31 December 2009 (Part I). The amount required is $50.3 million ($39.5 million for the UN budgetary component and $10.8 million and for the Cambodian side). Projections for Part II of the budget for both international and national components amount to $37.9 million.


Following all pledges received to date, the ECCC needs further funds to contine its work to the end of 2009 of $43.7 million ($37.7 million for the UN budgetary component and $6.1 million for the Cambodian component).

It should be noted that the budget presented to the Group of Interested States includes an amount of 15% for contingency, to allow for unforeseen additional expenses. Some donors proposed that this item be removed from the budget, preferring that the ECCC request further funds at the time they may be required. This matter is now under discussion in New York between the Group of Interested States and the UN Secretariat.

The donors voiced their strong support forn the work of the ECCC, expressed in concrete terms by the most encouraging announcement by the Government of Japan on 17 June of a contribution to the Cambodian side of the budget of almost $3 million, and a commitment by the Royal Government of Cambodia of almost $1 million.

Reach Sambath Presss Officer Extraordinary Chambers in the Courts of Cambodia Tel: (855) 12 891 567 Fax: (855) 23 219 841 Email: reach.sambath@eccc.gov.kh, reachsambath@hotmail.com

Web: www.eccc.gov.kh

Cambodian Khmer Rouge trial still US$43.8m short: officials

The Straits Times
June 24, 2008 Tuesday

PHNOM PENH - KHMER ROUGE tribunal officials said on Tuesday they were optimistic that those guilty of crimes against humanity would face trial in Cambodia despite a 43.8-million-dollar (S$59.9 million) funding shortfall.
Court officials met with international backers last week in New York and presented a budget that required at least 50.3 million dollars extra to continue their operations until December 2009.
So far, only Japan has come forward with significant new funds.
'We are quite optimistic that there will be contributions from donor countries,' Sean Visoth, director of administration for the court, told reporters.
If trials of the five Khmer Rouge officials currently detained go on longer than expected or if more people are prosecuted, court officials said the budget could swell to 105 million dollars, with cases running to December 2010.
'The money is not going to come easily. We have to work for the money,' said Knut Rosandhaug, deputy director of administration for the court.
Donors have appeared hesitant to give more cash to the court after allegations of mismanagement and political interference.
Japan agreed last week to donate nearly three million dollars and there are some outstanding original pledges, but court officials were seeking much more in a meeting with donors last Friday.
The tribunal, which opened in 2006 after nearly a decade of wrangling between the United Nations and Cambodia, was originally budgeted at 56.3 million dollars over three years.

Once in operation, the tribunal significantly raised its cost estimates to more than 100 million dollars.
Court officials said they expect the trial of former Khmer Rouge jailer Duch, whose real name is Kaing Guek Eav, to start in September.
The United Nations this year announced that an audit showed no financial mismanagement.
But last year, the New York-based Open Society Justice Initiative alleged that Cambodian tribunal staff, including judges, had bought their jobs.
Up to two million people died of starvation and overwork, or were executed as the communist Khmer Rouge dismantled modern Cambodian society in a bid to forge an agrarian utopia during its 1975-1979 rule. – AFP
Copyright © 2007 Singapore Press Holdings Ltd. Co.

Cambodia: Khmer Rouge Tribunal Needs More Funds

Press Release: United Nations
Wednesday, 25 June 2008, 11:19 am

Cambodia: UN-backed tribunal trying Khmer Rouge leaders calls for more funds
24 June 2008 – The United Nations-backed tribunal trying Khmer Rouge leaders accused of mass killings and other crimes in Cambodia during the late 1970s, which is expected to soon hold its first trial, said today it needs more than $40 million in funds to continue its work through the end of next year.

The Extraordinary Chambers in the Courts of Cambodia has a shortfall of $43.7 million after pledges received so far, the ECCC said in a press release issued in Phnom Penh, the national capital and the seat of the tribunal.

This includes $37.7 million for the UN component of the budget and $6.1 million for the Cambodian component.


Last week a delegation from the tribunal held what it said were “productive discussions… in a most constructive atmosphere” in New York with the Group of Interested States about the ECCC budget through 2010. The talks, based on a revised budget, follow concerns expressed by donors after a draft budget was presented in January.


The statement said the donors had expressed strong support for the ECCC’s work, illustrated by Japan’s contribution last week of almost $3 million to the Cambodian component of the budget and a commitment by the Cambodian Government of nearly $1 million.
Briefing reporters in Phnom Penh, the Director of ECCC’s Office of Administration Sean Visoth noted that a recent public survey indicated that Cambodians continue to give their strong support to the work of the tribunal.

“One of the principal reasons for establishing the hybrid model we are following in Cambodia was to hold the trials in a context that is close to the people, offering them the opportunity to visit the court, sit in the public gallery which holds 500 people, and watch the process broadcast live on radio and television throughout the country,” he said.


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.

Cambodia genocide tribunal running out of money

Los Angeles Times

Delays and corruption allegations plague the special court prosecuting former Khmer Rouge leaders.
By Paul Watson, Los Angeles Times Staff Writer June 25, 2008


JAKARTA, INDONESIA -- Plagued by long delays and corruption allegations, the special court prosecuting Cambodia's former Khmer Rouge leaders on genocide charges is running short of money months before its first trial is set to start.

The court, which was set up by the United Nations and Cambodia's government two years ago, needs $43.8 million to continue operating through 2009, administrators said Tuesday in Phnom Penh, the Cambodian capital.


"The money is not going to come easily," Knut Rosandhaug, the court's Norwegian deputy director of administration, told reporters. "We have to work for the money."

The tribunal is holding five former Khmer Rouge officials on charges stemming from the deaths of at least 1.7 million people during the Communist regime's reign of terror from 1975 to 1979. The charges include murder and crimes against humanity.

The prisoners are elderly, and most are in failing health, so many Cambodians fear the suspects may die before survivors' long wait for justice is over.

After almost a decade of bickering between the U.N. and Cambodia's government over the court's rules, the special court finally began work in 2006 with a combination of foreign and local judges and support staff.

The tribunal was originally expected to cost $56.3 million for three years. But the estimated budget has ballooned to $143 million for a five-year term ending in 2010, the administration said Tuesday.

So far, Japan is the only country to answer the tribunal's pleas for more funds. By far the court's largest foreign donor, Japan pledged $3 million last week, raising its total donation to more than $24 million.

Last year, the Open Society Justice Initiative, a New York law reform organization founded by billionaire George Soros, said judges and other tribunal staff were forced to pay kickbacks to keep their jobs.


The U.N. said in April that an audit showed management reforms had produced "significant improvement" in the court's administration. But many Cambodians are losing faith in the promise that Khmer Rouge leaders will have to answer for their crimes.

Khmer Rouge leader Pol Pot, whose real name was Saloth Sar, escaped justice when he died in 1998 in the northern Cambodian jungle.
He was Brother Number One in a ruthless revolution that emptied the cities, forcing millions of people to work on collective farms where many died of starvation or exhaustion.

The tribunal's prisoners awaiting trial are:

* Kaing Geuk Eav, 65, also known as Duch, a former high school math teacher who was director of the notorious S-21 prison where more than 14,000 of the Khmer Rouge's victims died. Most were Communist Party members and Khmer Rouge guerrillas accused of betraying the revolution. Also known as Tuol Sleng, the prison was a high school compound whose classrooms were turned into torture and execution chambers.

Duch has been in detention for more than nine years. The youngest of the tribunal's prisoners, he is expected to be the first to stand trial, but not before September. He has admitted his guilt but says he was only following orders. The rest of the accused insist they are innocent.

* The highest-ranking detainee is Nuon Chea, 82. He was Brother Number Two and complained last year in an interview before his arrest that he had heart problems.

As deputy secretary of the Communist Party of Kampuchea, the Khmer Rouge's official name, he had "effective control" over the regime's detention centers and also directed "forcible transfers of the population, enslavement, forced labor and other inhumane acts," the prosecution alleges.

* Khieu Samphan, 76, head of state in the Khmer Rouge government, says he was just a figurehead and had no effective power in the regime. This month, Khieu's lawyer said the prisoner was rushed to a hospital with high blood pressure on May 21, and is now paralyzed on one side from an apparent stroke.

* Ieng Sary, 82, Pol Pot's former Minister of Foreign Affairs, was arrested along with his wife, Ieng Thirith, 76, former Minister of Social Action, in late 2007.

Ieng Sary has been treated at a hospital for numerous ailments since then and is awaiting a court ruling on a request to be transferred to a hospital until his health improves.
Copyright 2008 Los Angeles Times

Khmer Rouge Tribunal unveils new budget strategy

By Craig Guthrie
The Mekong Times
Wednesday, June 25, 2008

The Khmer Rouge Tribunal yesterday confirmed its new
budget request from donor nations will be US$143 million to keep the court running until 2010, of which US$105 million will go to the court's UN side, US$37.7 million to its Cambodian side and the rest to a contingency budget.

"It's not easy ... but we are quite optimistic that we can receive these funds," said the KRT's Director of Administration Sean Visoth at a press conference in Phnom Penh yesterday, adding that the court's initial budget request was "not well received."

The court met with do¬nors in January seeking
to increase the inadequate initial budget of US$56.3 million for 2005 - 2008 to US$170 million and an extension of the court's mandate until 2011, but donor's questioned the amount.

However, meetings be­tween a KRT delegation and the so-called Group of Interested States (GIS) and the UN Secretariat in New York last week were "productive," and were held in "a most construc¬tive atmosphere," said a KRT statement.

The KRT and the GIS agreed that the budget for the tribunal will be split into two stages, with an initial US$50.3 million—US$39.5 million for the UN and US$10.8 million for the Cambodian side — needed for the court's process until the end of 2009.


Australia, France and Japan have already con tributed to this amount, leaving US$37.7 million needed by the UN and just US$6.1 million for the Cambodian side. "This time it seems the Cambo­dian side has money earli­er than the UN," said Sean Visoth happily.

The second phase re­quires a projected budget of US$37.9 million, which would allow the court to run until the end of 2010, and not 2011 as stated in the previous budget re­quest, although further budget requests will be made if necessary, court officials confirmed.

The 15 percent contin­gency budget is "to allow for unforeseen additional expenses," though some donors objected to its inclusion and the matter is currently under discussion at the UN in New York, added the KRT statement.

Knut Rosandhaug, the court's new deputy director of administration, played down the impact of the US$27 million reduction in the newly agreed budget. "The sacrifices [we have to make] are academic, and if we study the new budget closely our resources have actually increased across the board."

Although the amount is less overall, the court will not falter in deliver-ing justice to millions of
Khmer Rouge victims, he said. "Clearly we will need to be more efficient, and there will be more sweat, but there will be the same end product."

The court has decided to focus "on the matters at hand," which is raising the US$50 million it requires until the end of 2009, he said, appealing for Asian nations other than Japan — the KRT's largest con­tributor — to join the list of donors. "This is the first war crimes tribu­nal to be held in Asia, so Asian countries have a big responsibility."

Extracted from the Mekong Times
Issues No. 97
Wednesday, June 25, 2008

Tuesday, June 24, 2008

Khmer Rouge Victims May Get Justice From The Tribunal

Source: Kampuchea Thmey
By: Koh Keo
Posted date: 23-06-2008


Phnom Penh: The Extraordinary Chambers in the Courts of Cambodia (ECCC) has scheduled to hold a press conference Tuesday in order to announce the funds that the international community contributes to the Khmer Rouge tribunal.

Reach Sambath, ECCC’s spokesman, told Kampuchea Thmey that the tribunal is going to conduct a press conference on Tuesday, June 24 in order to announce the funding of various countries to the Khmer Rouge tribunal.

“The conference is going to be held in the new office (near Psar Kab Ko) at 2 pm, with the participation of Mr. Sean Visoth and his deputy,” said Reach Sambath.

Reach Sambath, however, did not say about the countries which have provided new funds nor tell how much money has been given to the tribunal.

After all, the news about the funding is another new hope for the victims of the Democratic Kampuchea regime.

It should be noted that the tribunal to try former Khmer Rouge leaders commenced in 2006 and planned to spend approximately $56.3 million in 3 years. But a recent budget projection by foreign experts explains that the tribunal cannot complete its tasks in 3 years but 5 years and that it will need to spend over $100 million.

After the financial projection, the tribunal has faced a big budgetary crisis, and after a meeting to raise fund was held in New York, some countries have announced to inject more funds into the tribunal. However, the contributions made so far are inadequate.

Concerning the press conference on Tuesday, although the tribunal’s spokesman did not hint how much funds the tribunal would receive, it is believed the funds are enough for the tribunal to continue its process and that the victims could hope to get justice from the tribunal.


Recently, a US senior official has appealed for funding the Khmer Rouge tribunal while civil society organizations in Cambodia have requested the international community to provide more funds to the tribunal by claiming that “the commitment of the international community to continue funding the ECCC is very vital to fight against impunity, and to restore the rule of law in Cambodia.” Without new funding, the court could be closed and the attempt to seek justice for victims will fail.

Unofficial Translation-Extracted from Kampuchea Thmey, vol. 07, #1674, Sunday-Monday, June 22-23, 2008.
© 2005 All rights are reserved by Open Forum of Cambodia.

Monday, June 23, 2008

ECCC Is Said to Extinguish Its Mandate by the End of 2010

There has been a flurry of discussion and reporting around the tribunal funding lately with divergent opinions and conflicting reports coming from different media outlets.

The human rights community seems to have split in half with the New York-based Human Rights Watch (HRW) on one side and the coalition of Cambodian human rights NGOs, known as CHRAC, on the other. HRW's Sara Colm argued that reform must precede any additional funding pledged, whereas CHRAC argued that due to the dire straits in which the tribunal has found itself, funding must be committed prior to any discussion of future reforms.

Most recent reporting, however, suggests that the potential donors did not balk at the staggering additional $114 million budget proposal, submitted by the tribunal earlier this year, due to the lack of reform of its structure and procedures, but due to the size of that amount. The donors were reported to have received the revised budget favorably, now that it was $30 million lighter. It appears that the donor community is not as much concerned about the reform of the tribunal as it is about bringing this long-suffering and stumbling process to some type of a reasonable closure. If the ECCC is able to deliver by the new deadline this time around, the court will be out of business by the end of 2010, which leaves little room for reform efforts. It is not clear, however, what in the previous behavior of the tribunal has led the donor community to believe that the tribunal will make good on its promise this time around. If the tribunal's last 2 1/2 years of operation is of any guidance at all, it will take at least another 5 years to conclude the process from where we are now, provided the tribunal continues at the same pace as it started. This was corroborated by the former chief of budget and finance who was quoted as saying that "it is inappropriate to look at the judicial process and compare it with a budget plan [...] dollar amounts can change with judicial developments". This translates into a warning to the donor community that once they re-open their checkbooks, they had better keep them that way until the tribunal decides to extinguish itself of its own will, rather than trying to hold the tribunal to its current promise of a timeline, as there is no agreement between the donors and the tribunal about exactly how many suspects will be tried.

Khmer Rouge Tribunal asks for US$50 million for 2008-2009

The Mekong Times
Monday, June 23, 2008

The UN-backed Khmer Rouge Tribunal (KRT) has announced it will split its request for additional funding into three stages, with the first stage — from 2008-2009 — to cost donors US$50 million.

The UN side of the court needs US$40 million of this first phase amount, which will cover from this year until December 2009, with the court's Cambodian side to gain the rest.

Sean Visoth, director of the KRT's Office of Administration, told the Voice of America (VOA) in an interview last weekend that the Extraordinary Chambers in the Courts of Cambodia (ECCC) had asked the donors for this amount during meetings held last week in New York.

Sean Visoth said that the KRT delegation first met with key donors France, Japan, Australia and Great Britain June 16 and with more interested nations June 20. The meetings enabled donors to hear the court's revised budget request, he added.

Sean Visoth claimed that the "first phase" of funding will cover only the trial of the five former KR members currently detained by the court, not additional suspects who are yet to be named.

The funds are urgently needed as the court speeds up efforts to try the ailing KR leaders, who frequently require medical treatment.

Donors have not yet responded to the request, but the KRT will hold a press conference June 24 to publicize the results of the meetings.

The KRT's Cambodian side received a donation of nearly US$3 million from the Japanese government June 19. The Cambodian government is expected to contribute more than US$1 million to the court's revised budget plan, Sean Visoth said.

Extracted from the The Mekong Times
Issue No. 95
Monday, June 23, 2008

Thursday, June 19, 2008

Is KRT Planning To Arrest 3 More KR Leaders?

The expansion of the trial of former senior Khmer Rouge leaders to 2011 has brought about a financial crisis since the original budget of $56.3 million has already been spent.
The endeavour to seek more funds to support the tribunal has been made while the international community is mulling over whether or not to inject more funds into the tribunal to continue the judicial work to try former senior Khmer Rouge leaders responsible for the mass killings of almost 2 million Cambodians between 1975 and 1979.
A source from the Khmer Rouge tribunal said that the co-judges and the co-prosecutors are scrutinizing the laws and other evidential documents in order to indict 3 more former senior Khmer Rouge leaders on charges of war crimes and crimes against humanity like those the five already-detained Khmer Rouge leaders have been charged with.
An unofficial source said that the 3 former Khmer Rouge leaders to be charged with crimes against humanity and war crimes are the military officers who are currently serving in the Cambodian Royal Armed Forces after their integration with Phnom Penh Government in 1996.
Observers think that the consideration on the laws and evidence are being made because the tribunal needs more funds from the United Nations and the international community to support its process. Up to now, five former Khmer Rouge leaders have been detained pending trial. They include: Ieng Sary former deputy Prime Minister and foreign minister; Khieu Samphan, former chairman of State Presidium; Nuon Chea, former president of People’s Representative Assembly; Ieng Thirith, former minister for health and social actions; and Kaing Guek Eav, a.k.a. Duch, former chief of Tuol Sleng prison, known as S-21 torture center.
The international community has urged the co-judges and the co-prosecutors to revise laws and evidence in order to indict 3 other former senior Khmer Rouge officials.
In the Khmer Rouge tribunal’s compound, eight detention cells have been built, and five of them have been occupied.
However, the information source did not tell the names and positions of the 3 possible suspects whom the co-judges and co-prosecutors are investigating and who will be arrested to the Khmer Rouge tribunal.
Civil society organizations’ officials deem the plan to arrest 3 more senior Khmer Rouge leaders not important because they think the tribunal should try the five Khmer Rouge detainees very soon in order to give justice to Cambodian victims and indicate justice to almost 2 million Cambodians who died during the Khmer Rouge’s reign of terror.
The officials said that the currently-detained five former Khmer Rouge leaders are being threatened by illnesses as they are getting very old. Therefore, if the trial is still delayed, those people could die before being brought to justice.
Up to present, the Khmer Rouge tribunal has not received the fund it requested to the UN and the international community yet. It should be noticed that the tribunal has been heavily criticized for corruption allegations and that UNDP has carried out an audit in the tribunal to investigate the issue.
Unofficial Translation
-Extracted from Moneaksekar Khmer, vol. 15, #3488, Tuesday, June 17, 2002.
© 2005 All rights are reserved by Open Forum of Cambodia.

Is KRT Planning To Arrest 3 More KR Leaders?

The expansion of the trial of former senior Khmer Rouge leaders to 2011 has brought about a financial crisis since the original budget of $56.3 million has already been spent.
The endeavour to seek more funds to support the tribunal has been made while the international community is mulling over whether or not to inject more funds into the tribunal to continue the judicial work to try former senior Khmer Rouge leaders responsible for the mass killings of almost 2 million Cambodians between 1975 and 1979.
A source from the Khmer Rouge tribunal said that the co-judges and the co-prosecutors are scrutinizing the laws and other evidential documents in order to indict 3 more former senior Khmer Rouge leaders on charges of war crimes and crimes against humanity like those the five already-detained Khmer Rouge leaders have been charged with.
An unofficial source said that the 3 former Khmer Rouge leaders to be charged with crimes against humanity and war crimes are the military officers who are currently serving in the Cambodian Royal Armed Forces after their integration with Phnom Penh Government in 1996.
Observers think that the consideration on the laws and evidence are being made because the tribunal needs more funds from the United Nations and the international community to support its process. Up to now, five former Khmer Rouge leaders have been detained pending trial. They include: Ieng Sary former deputy Prime Minister and foreign minister; Khieu Samphan, former chairman of State Presidium; Nuon Chea, former president of People’s Representative Assembly; Ieng Thirith, former minister for health and social actions; and Kaing Guek Eav, a.k.a. Duch, former chief of Tuol Sleng prison, known as S-21 torture center.
The international community has urged the co-judges and the co-prosecutors to revise laws and evidence in order to indict 3 other former senior Khmer Rouge officials.
In the Khmer Rouge tribunal’s compound, eight detention cells have been built, and five of them have been occupied.
However, the information source did not tell the names and positions of the 3 possible suspects whom the co-judges and co-prosecutors are investigating and who will be arrested to the Khmer Rouge tribunal.
Civil society organizations’ officials deem the plan to arrest 3 more senior Khmer Rouge leaders not important because they think the tribunal should try the five Khmer Rouge detainees very soon in order to give justice to Cambodian victims and indicate justice to almost 2 million Cambodians who died during the Khmer Rouge’s reign of terror.
The officials said that the currently-detained five former Khmer Rouge leaders are being threatened by illnesses as they are getting very old. Therefore, if the trial is still delayed, those people could die before being brought to justice.
Up to present, the Khmer Rouge tribunal has not received the fund it requested to the UN and the international community yet. It should be noticed that the tribunal has been heavily criticized for corruption allegations and that UNDP has carried out an audit in the tribunal to investigate the issue.
Unofficial Translation
-Extracted from Moneaksekar Khmer, vol. 15, #3488, Tuesday, June 17, 2002.
© 2005 All rights are reserved by Open Forum of Cambodia.

Donor Countries To Decide On June 20 Whether To Fund KRT

Posted date: 17-06-2008
Source: Moneaksekar Khmer
By: Chan Chamnan


The Khmer Rouge tribunal, which is currently facing the budgetary, shortfalls has submitted a new budget to the standing committee of the donor countries in New York City for approval before it is submitted to the donor countries to make the final decision on June 20, 2008.
Mr. Peter Foster, Khmer Rouge tribunal’s UN spokesman, said that the tribunal has already sent the draft of its budget to New York City, and the meeting of donor countries will start next week. “For how long the tribunal will get the fund, it will depend on the donors. Do you know? There is no definite plan. Anyway, we do not need all money to be deposited in the bank but what we need is a contract. That’s all enough for us to continue the process of the tribunal,” said Peter Foster. However, Peter refused to tell the exact amount of money requested in the draft submitted to the donor countries or interested states. “Please wait until the donors get the draft of the budget first,” he said.
Experts who have close relation to the donor countries said that both Cambodian government and the UN requested only $48 millions more for continuing the process of the tribunal for two years, 2008 and 2009. Moreover, the donors have a chance to donate more funds to the tribunal from 2009 to 2010 if the Cambodian government and the Khmer Rouge tribunal are willing to arrest and try more Khmer Rouge leaders and people most responsible for Khmer Rouge regime.
The observers of the tribunal said that giving the money is not a problem for the donors but the problem is that there is no agreement between the Cambodian government and the international community on the number of suspects to be tried. Moreover, the duration of the tribunal and the different budgets between the Cambodian government and the United Nations are also problematic. Hisham Mousar, a legal expert who monitors the tribunal for the rights group Adhoc, said that the concern of the donors is not on the money but on how the money is used and the expenses of the tribunal.
Mr. Long Panhavuth, project officer for US-based OSJI, commented about the donors meeting in New York City to be held on June 20, 2008 that the donors should give more fund to the tribunal to seek justice for the victims. He further mentioned that funding should not affect the judicial process of the tribunal and the independence of the trial of the Khmer Rouge leaders. There are not any official comments from the Khmer Rouge tribunal whether the tribunal will reduce the number of its employees or not if the donors give less money than needed.
The civil societies are worried about the plan of the government to hand over the tribunal’s buildings back to the military forces in 2009 while the judicial process of the tribunal is still in progress. And whether or not the tribunal accuses new suspects is also a concern. Recently the tribunal has reduced its budget from $114 millions so that it is easy to get fund from the donors.
The Khmer Rouge tribunal plans to try the five former Khmer Rouge leaders who are still in custody in September for the mass killing of more than 1.7 million Cambodian people from 1975 to 1979. However, many groups think that the trial may be delayed till 2009 because of budgetary crisis and other problems. For instance, the tribunal has yet to issue the verdict on the May appeal hearing against the provisional detention of Ieng Thirith.

Some civil society officials and observers are not optimistic that the tribunal could seek justice for the victims because it has already spent millions of dollar without concrete results in return. And the corruption allegations are not solved yet.
Currently, the tribunal is seeking more funds while no exact date for the trial of the Khmer Rouge leaders has been set. Analysts said that if the tribunal is willing to seek justice for the victims, it should speed up the trial of former Khmer Rouge leaders being detained in the tribunal because now they still alive so they can tell the truth in the trial. But if the tribunal still delays the trial, those suspects may die because some of them are very old and some; Khieu Samphan, for instance, are seriously ill. Therefore, both Cambodian government and the United Nations should speed up the process of the tribunal so that the money is not spent worthlessly.

Unofficial Translation-Extracted from Moneaksekar Khmer, Vol 15, # 3486, Saturday and Sunday, June 14-15, 2008
© 2005 All rights are reserved by Open Forum of Cambodia.

Wednesday, June 18, 2008

Is the recently donated by Japan amount of $3 million a tough blow or a welcome addendum to the core funding that has yet to be announced?

by Stan Starygin
Similiarly to Australia's donation of roughly half a million dollars, Japan recently made a $3 million donation to the Office of Administration of the ECCC. It was not made clear whether this must be perceived as a bridge funding effort in anticipation of the decisions of all states-funders of the tribunal on a more comprehensive funding effort or this is the extent to which Japan is willing to up its original and sizable -- in fact largest to date -- contribution to the tribunal. If this is a bridge funding effort, this means Japan is considering large-scale funding of the tribunal and its officials have little or nothing to worry about when it comes to the funds available to carry on with the process. If, however, this is the extent to which Japan is willing to commit itself to the further funding of the process, the rainy season is likely to be even more rainy for the court this year, as other states are extremely unlikely to cover the shortfall, whatever it might be at this point now that the tribunal's new budget has been revised, without the Japanese monies.

Cambodia's genocide tribunal to get more Japan funding

Updated Wed Jun 18, 2008 10:49pm AEST

Japan has agreed to donate nearly $US3 million to Cambodia's genocide tribunal as it prepares to bring former Khmer Rouge leaders to trial.

A spokeswoman says the funding will go to the operations of the United Nations-backed court's administration office.

Court officials are also in New York this week seeking some $US100 million so the tribunal can continue operations.

They are set to meet potential donors on Friday.

Japan has already contributed more than $US21 million to the tribunal.

The radical Maoist Khmer Rouge regime, which ruled Cambodia from 1975 to 1979, is blamed for the deaths of up to two million people by execution, starvation and excessive work.

© 2008 ABC

KR radio evidence comes home from UK

By Craig Guthrie

The Mekong Times

Tuesday, June 17, 2008





The Documentation Center of Cambodia (DC-Cam) has received thousands of pages of Khmer Rouge (KR)-era radio transcripts from the University of Hull in the UK, a donation which its director says will be significant in strengthening the Khmer Rouge Tribunal's case against former KR leaders.



The documents consist of transcripts of programs and speeches broadcast on the KR's Radio Phnom Penh, intercepted by the US government's Foreign Broadcast Information Service, along with some mi­crofilms and other media clips, said DC-Cam Direc­tor Youk Chhang.



"Cambodia's history is like a shattered stained glass window. We need every piece to put it back to­gether," he said, adding that it's sad that these doc­uments have taken almost 30 years to come home.



Youk Chhang said many important documents were handed to Western countries in the 1980s for safekeeping. "Cambodia then had no effective ar­chiving system — they could have ended up wrap­ping deep fried bananas."



The evidence will now be catalogued, digitized and archived, he said.



Youk Chhang added that the design for a large new DC-Cam headquarters, covering six hectares in Phnom Penh's Boeung Trabek area, will be fi­nalized in three weeks and that construction will begin in 2009.



The center has also had "very positive" meet­ings with the National Institute for Education over teacher training as a DC-Cam initiated KR history program will soon be starting in the Cambodian curriculum. "Its time to fill the gap in Cambodia's education system ... This will be our [DC-Cam's] legacy," he said.



Radio Phnom Penh regularly broadcast party propaganda and events throughout the KR's bru­tal 3-and-a-half-year reign, with its leaders Pol Pot, Khieu Samphan and Ieng Sary often making speeches.



"More than 2,000 years of Cambodian history have ended," said one triumphant broadcast from late 1975.



Extracted from The Mekong Time

Issue No. 91

Tuesday, June 17, 2008


Sunday, June 15, 2008

Tribunal to Investigate More Former Leaders

By Mean Veasna, VOA Khmer 13 June 2008

The Khmer Rouge tribunal is prepared to pursue investigation of additional regime cadre, a prosecutor said, but no decision has been made on whom.
Officials have said in the past as many as 12 former Khmer Rouge leaders could be arrested and charged with atrocity crimes, but so far the tribunal is only holding five of the senior-most leaders.
Robert Petit, co-prosecutor for the tribunal, confirmed Friday that the courts were evaluating the preliminary investigation of more suspects.
"Regarding the nature of the crime committed here, and effectively based on the law and on evidence, [the tribunal] would have further investigations," he said. "We are now in the stage of preliminary investigation and the stage of the evaluation of evidence."
The investigations are being considered by the two prosecutors, but no decision has been made, he said.
"I cannot answer because the decision has not yet been made," he said, when asked how many more might be charged.
Petit said too the first trial of a Khmer Rouge suspect, for Kaing Khek Iev, alias Duch, would be held in September or October.
Youk Chhang, director of the Documentation Center of Cambodia, said the courts would be more likely to find suspects for further investigation once trials of jailed leaders begin.
"We will see [more suspects] after the completion of the trials of the five first suspects," he said.
"I think if they charge more people now, it could turn the citizens' confidence on the court, because they could be confused," he said.

Khmer Rouge Tribunal to announce new budget plan today

By Neth Pheaktra

The Mekong Times

Monday, June 16, 2008


The cash-strapped Khmer Rouge Tribunal (KRT) has announced completion of a newly revised budget plan, which will be presented to the donor com­munity this week in hopes of meet­ing dramatically increased budget requirements.

A methodical review of the court's work has taken place and a revised down budget will be presented to the court's steering committee today before it is presented to donors dur­ing a meeting scheduled for June 20 in New York.

In January the KRT announced it was seeking to triple its budget from the originally budgeted US$56.3 million to US$170 million in order to keep it operating through March 2011.

Though the most recent budget plan will be less than the one made in January, no court source has clarified the exact amount. The reduction has been made following a request from international donors for a detailed ex­planation of the court's expenses.

Isham Mousar, KRT project coordi­nator for Adhoc, predicted that the fund request would drop by US$14 million, but stressed that any request should take into account the needs of the victims.

"The injection of these funds may make the KRT officers, judges and prosecutors feel happy to work, but there is no word of any help offered to victims," he said. "They spend their own money to file lawsuits without any financial support from the KRT; it's unfair."

Kek Galabru, president of local rights Licadho, said that the KRT should deal with rumors relating to corruption to gain more financial as­sistance from the donor community. "If everything is not clearly revealed, then the international communities will be hesitant to provide more do­nations."

Prime Minister Hun Sen said in an interview with The Mekong Times on

June 3 that the international community must help fund the KRT as Cambodia is poor.

Cambodia needs money to build bridges, roads and irrigation systems for its citizens, he said, adding that any disruption resulting from lack of budget for the KRT process is not Cambodia's responsibility and would tarnish the UN's reputation.

Extracted from the Mekong Times

Issue No.90

Monday, June 16, 2008


Friday, June 13, 2008

Question

Will the general public ever be let in on the new or old budgets? It is surprising the Cambodian government is not releasing its half of the budget -- as Cambodian government has about zero budgetary transparency across the board -- it is, however, incredibly discouraging to see that the Western governments -- who normally and otherwise exercise trasparent practices -- are letting the tribunal do this and not releasing their copies of the draft of the new budget to their respective taxpayers who will be paying for it, if approved by their legislatures.

ECCC Information Update: Status of the Revised ECCC Budget 13 June 2006

The ECCC is pleased to announce that after a methodical review the work revising its budget concluded this week with a consolidated proposal covering all activities of the court. As previously reported, a working draft of the revised budget was provided to the donor community on 30 January 2008. In response, the donor community requested further details in a variety of areas and that consideration be given to reducing the overall costs while maintaining the highest possible standards. Over the past months, extensive work was done to clarify and refine the draft. On Monday 16 June 2008, this revised budget proposal will be presented to a Steering Committee followed by a presentation to the wider donor community at the Group of Interested States (GIS), currently scheduled for 20 June 2008 in New York. Upon endorsement of this presentation by its donors, the ECCC will provide an overview of the contents of the budget and its fund-raising strategy.

Thursday, June 12, 2008

Hun Sen: UN at Fault if Tribunal Fails

By Mean Veasna, VOA Khmer Original report from Phnom Penh11 June 2008

Prime Minister Hun Sen called on the international community to fund the Khmer Rouge tribunal during a time of financial crisis.
A failure of the tribunal due to the lack of funds will be the responsibility of the UN, and the UN would lose its reputation, Hun Sen told the English-language Mekong Times Wednesday.
"I call on the UN and those who promised to provide money," he said. "Any failure of the court due to budget shortages is not Cambodia's responsibility."
Hun Sen's comments "show how much interest and how much support he gives to the court," tribunal spokesman Peter Foster said. "It would be disappointing for everyone if funding did not come forward and we were not able to proceed."
Tribunal administration officials are currently revising a budget proposal in an effort to bring the amount they need from donors below $114 million.
The tribunal was initially budgeted at $56 million, but officials say they need more if the courts are complete trials for five jailed Khmer Rouge leaders.
Tribunal officials will present a revised budget to donors next week, Foster said.

Wednesday, June 11, 2008

Prosecutor in Cambodia's genocide tribunal to deliver RP lecture

06/11/2008 05:31 PM

MANILA, Philippines - A top government lawyer in Cambodia’s genocide trials will visit the Philippines to deliver a lecture on the prosecution of grave crimes against international human rights and international humanitarian law.

Robert Petit, the head counsel in an international tribunal which will try war criminals of Cambodia’s communist Khmer Rouge, will deliver a keynote speech and a lecture at an international training conference to be held at the Vista Marina Hotel in Subic Bay from June 16 to 17, 2008.

A former Quebec and Canadian Federal (Crown) prosecutor, Petit shares the chief prosecutor’s role in the Cambodian genocide trials with his Cambodian counterpart, Chea Leang. He will speak at the Subic conference side by side with new Commission on Human Rights chair Leila De Lima, who will lecture on Philippine State Obligations on the Right to Life.

Also speaking at the landmark conference is top forensic anthropologist Dr. Jose Pablo Baraybar, who heads the Peruvian Forensic Anthropology Team, one of several Latin American groups investigating the complicity of former dictatorships in acts of impunity. The organization has documented some 13,000 cases of enforced disappearances, almost 4,000 more than the estimate of the Peruvian Truth and Reconciliation Commission.

The two-day conference is envisioned as a complement to the Seminar Workshop on Extrajudicial Killings and Enforced Disappearances by the Philippine Judicial Academy (PHILJA) and the Commission on Human Rights (CHR)).

Around 30 public prosecutors from the Department of Justice and a comparable number of human rights activists and workers have been invited to join the conference, which features speakers from various international criminal tribunals who will share their expertise with their Filipino counterparts.

“This activity is a follow-up to an international conference on the same theme that CenterLaw staged in Davao early this year," said Prof. Harry L. Roque Jr., one of the organizers of the Subic conference.

He said the conference aims to acquaint Filipino prosecutors about developments abroad in the campaign against impunity, noting that the Philippines has been in the spotlight before the eyes of the international community because of the rising cases of human rights violations in the country since the Arroyo administration took power in 2001.

“The establishment of the war crimes tribunal where Mr. Petit is a top prosecutor is in fact a warning to governments that in this day and age of human rights movements, impunity cannot remain unpunished forever," he said.

Meanwhile, Dr. Baraybar’s work in Peru acquires an added significance today following the extradition to Peru of former Peruvian president Alberto Fujimori, under whose regime many of enforced disappearances of dissidents took place.

Dr. Baraybar served as an expert witness with both the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda and headed the Office on Missing Persons and Forensics of the UN Interim Administration Mission in Kosovo.

He also recently published a major textbook on the detection of torture and related human rights abuses and is a much sought after lecturer on forensic anthropology.

Dr. Baraybar has also lectured before the Philippine Judicial Academy (Philja) and was part of the sterling roster of international speakers at the first ever international conference on extrajudicial killings, enforced disappearances and torture held in Davao early this year, also organized by CenterLaw.

Dr. Baraybar will lecture at the Subic conference on the forensics of impunity, drawing from his extensive experience digging up the truth in mass graves of victims of extrajudicial killings and disappearances in Peru, Rwanda and the former Yugoslavia.

The event will be held under the auspices of the Center for International law (CenterLaw), the American Bar Association (ABA), Rule of Law Initiative-US State Department-Bureau of Democracy Human Rights and Labor (DRL), The Asia Foundation (TAF), the Open Society Institute (OSI), the United States Agency for International Development (USAID), and the University of the Philippine Foundation for Integrative and Development Studies (UPFIDS).
GMANews.TV

All Rights Reserved. 2007 © GMA Network Inc.

Tuesday, June 10, 2008

Groups Want Khieu Samphan Health Status

By Mean Veasna, VOA Khmer Original report from Phnom Penh06 June 2008

One day after his return to Khmer Rouge tribunal detention from the hospital, Khieu Samphan's health condition remains unclear, two rights officials said.

"We learned that he had been brought back to detention not very healthy," said Hisham Mousar, a tribunal monitor for Adhoc. "We ask for some clarification [from the tribunal] for the detailed information related to Khieu Samphan's health for the public interest."

Long Panhavuth, project officer of the Open Society Justice Initiative, agreed. "Co-investigating judges must provide enough information to the public to explain the cause, the reason...especially of the five charged persons," he said. "If not, in case they die, the court will be blamed for the situation of the health."

Hisham Mousar said he wanted to information on the health of the detained, especially Khieu Samphan, in case they were in a critical situation and need be sent to a foreign country for treatment.

Tribunal spokesman Peter Foster said Friday Khieu Samphan had undergone a variety of tests, but the results were not yet available. The tribunal keeps medical personnel on stand-by and specialists ready to fly in from outside the country if required.

Sy Bory, lawyer for Khieu Samphan, declined detailed comment on his client's health Friday morning, but he said Khieu Samphan could move his hands and was moving around in a wheelchair.

He was confident in the decisions of the doctors, Sy Bory said

Monday, June 9, 2008

Analysis: "Japan can help Cambodia's quest for justice"

This is an analysis of an article published earlier on this blog under the above title.
The article does not seem to be much more than a space-filler. The author opens up with a factual misrepresentation of the timeline of the process when she asserts that Kaing Guek Iev will be tried "later this year". This goes against the grain of the latest statement of the CIJs who placed the beginning of Duch's trial somewhere "in early 2009".
The rest of the article does not help the infrastructural defects of its beginning either, as the author spends an inordinate amount of space giving the reader a rundown of the latest on the ECCC. The reader, thus, cannot help but wonder where exactly this is going and, as I did, beginning to belt ahead looking for the word 'Japan' due to the reasonable expectation of such the title of said article had built. When Japan finally gets mentioned, the content which it pertains to is really not worth the buildup, as the author puts forward her opinion that "they [the Japanese] should insist upon significant reforms, including conditioning pledges on the ECCC improving its transparency and addressing the alleged corruption charges". This is a great quixotic and yet incredibly underresearched statement as anyone familiar with the history of Japan's funding of the Cambodian process of development knows that the Japanese never played hard ball with the Cambodian government, even when it came to matters of much more significance to the Japanese than this process and even when it was pertinent to contributions far more sizable than anything Japan has or will contribute to this process. There is, therefore, absolutely no reason to believe that Japan will make its funding conditional -- provided there will be such additional funding -- this time around. Why the article then?

Tribunal views from Khmer Rouge town

BBC News, Pailin, Cambodia

By Philippa Fogarty
Monday, 9 June 2008 03:32 UK

Sak Sokhum does not know who to blame for the estimated 1.7 million people who died under the Khmer Rouge.

He was only 15 when he joined the Maoist movement in 1974.

Everyone had to, he says. They were going to save Cambodia from capitalists and the mounting threat from the Vietnamese.

First he was a driver. Later, when the Khmer Rouge had emptied cities and sent millions of people to work in the fields, he became a bodyguard for a mid-ranking commander.
When the regime fell in 1979, he and many thousands of fighters fled northwest to continue the battle.

For years he was a signals operator, relaying information between base commanders and guerrillas in the jungle along the Thai border.

Then he worked in a medical corps. In 1995 his leg was blown off by a landmine laid by another Khmer Rouge unit.

When the fighting finally ended in the mid-1990s, Sak Sokhum settled down with his family to work as a welder.

He has regrets about the past, but says it was a war and he had to follow orders. He was happy when fighting ended, he says, because he always expected to die.

Now a UN-backed genocide court is preparing to try five of the most senior Khmer Rouge leaders for crimes against humanity.

"The trials are good for Cambodia, because we are all victims of the Khmer Rouge," he says. "It is a good example for the children - it shows that if you do wrong, you must face trial."

But he does not know who should take responsibility for the 20% of the population who died - from starvation, disease, execution and torture - under the Khmer Rouge.

Former head of state Khieu Samphan was a good guy, he says, as was Nuon Chea, deputy to the now deceased Pol Pot.

"At that time, there was killing everywhere. It is hard to say who specifically killed who and where," he says.
Potential witnesses

Sak Sokhum is among thousands of former fighters living in Pailin, a dusty, ramshackle town on Cambodia's border with Thailand.

The Khmer Rouge controlled Pailin for decades, using its gem fields and hardwood forests as a key source of funding.

After the fighting ended, top leaders lived freely in the town until their arrest by the tribunal last year.

Former fighters dominate the local administration. Governor Y Chhean was an ally of Pol Pot. His deputy is the son of former Khmer Rouge foreign minister Ieng Sary.

As victims of Khmer Rouge rule line up to testify before the Phnom Penh-based genocide court, tribunal spokesman Reach Sambath says getting the people of Pailin involved in the process is vital to its success.

They can be witnesses, he says, and whether it is for the prosecution or the defence is up to them. "In order to have a fair and credible trial, we need cooperation from all sides."

Earlier this year, about 200 local residents met visiting tribunal officials. Many were apprehensive, the spokesman said.

"They thought that one day they could become targets of the tribunal. So we explained to them that this trial is not about everyone - only the senior and most responsible people."
"We told them that their cooperation was very important."

'Look elsewhere'

One local resident with strong views on the tribunal is Ven Dara, a politician who lives near the main market.

A picture of her uncle hangs on the wall. It is Ta Mok, the Khmer Rouge regional commander whose extreme brutality earned him the nickname "The Butcher".

She wants the tribunal to determine responsibility for what happened - but she wants it to look overseas, at the politics driving events in the region at the time.

"If the five leaders are held responsible, it is not fair. We need to look at the international factors - the role of the US, China, Russia, the French, the Vietnamese," she says.

"The Khmer Rouge thought that they were saving the people, but instead they are accused of being murderers and traitors. This is a regret."

She wants the court to move forward so that the five leaders can be cleared and the "real murderers" uncovered.

She is reluctant to acknowledge wrongdoing by the Khmer Rouge. Asked about killings under the regime, she talks in vague terms of direct and indirect responsibility - but does not answer the question.

'Move forwards'

Other residents, though, are more reflective.

O Lan is the deputy director of tourism. He fought for the Khmer Rouge, but his father and sister died under its rule.

"People who joined the Khmer Rouge when they were young, they have regrets," he says. "They don't know how it turned out like it did."

He thinks the tribunal will be good for victims' families, to help them find out the facts. As for blame, that is a matter for the government.

"Rather than looking backwards, we should keep moving forwards and develop the country," he says.

Moung Seng, a corn farmer, also thinks the past should remain the past.
He was orphaned by the regime, but then found shelter at a Khmer Rouge-run camp in the early 1980s and fought for the movement until the war ended.
He thinks the five leaders should be punished, because "they are responsible for killing their own people".

But five is enough, he says.

And he does not talk about the past with his children.

"We told them that there was not enough food and that people had to work hard," he said. "But no more."

BBC© MMVIII

Sunday, June 8, 2008

Former Khmer Rouge leader discharged from Cambodian hospital

Jun 5, 2008, 8:15 GMT

Phnom Penh - Former Khmer Rouge head of state Khieu Samphan was discharged from hospital and was returning to prison, where he faces charges of crimes against humanity and war crimes, his lawyer said Thursday.
Say Bory said Samphan's immediate family informed him that doctors at the capital Calmette Hospital declared Samphan fit to return to his cell.
'I spoke to his wife a few minutes ago. They are preparing to return now,' Bory said Thursday afternoon.
'He is not in good health because he cannot walk unassisted,' he said, but did not complain about the diagnosis. 'I am immediately drafting a letter to request conjugal visits so he can be better taken care of.'
Samphan, 76, was moved by ambulance on May 21 from his cell to hospital after being diagnosed with high blood pressure. His family has said he is suffering weakness down his left side.

Five aging and ailing former Khmer Rouge leaders are currently in the custody of the joint UN-Cambodian court set up to try them and advocates have urged haste if they are to face justice.
Up to 2 million Cambodians died under the 1975-79 regime, but Samphan has denied all knowledge of the massacre, saying his job kept him busy and nobody appraised him of the situation.

Ex-Khmer Rouge chief suffers a stroke

The Sydney Morning Herald.
June 4, 2008 - 4:28PM

The Khmer Rouge's 76-year-old former head of state, who is awaiting trial on war crimes charges, has suffered an apparent stroke and can barely speak, his lawyer says.
Khieu Samphan was rushed from his prison cell to a hospital on May 21 with high blood pressure. Since then, his condition has worsened, said attorney Say Bory, who is defending him at the UN-backed genocide tribunal scheduled to start later this year.

The lawyer said he believed Khieu Samphan had suffered his second stroke following one in November, but doctors have not issued a diagnosis.
"The left side of his body is nearly deadened," Bory told The Associated Press, adding that he needs help to walk and use the bathroom.
"He can speak but his words are unclear. His tongue appears stiff. The left eyelid has also slumped over his eye."
The tribunal's spokesmen and Khieu Samphan's doctors could not be immediately reached for comment.
The long-delayed tribunal is seeking justice for atrocities committed by the Khmer Rouge when it ruled Cambodia from 1975-79. The regime is blamed for the deaths of 1.7 million people who died of starvation, disease, overwork and execution.
Samphan is among five suspects facing trial for their alleged roles in the regime's brutality. He faces charges of crimes against humanity and war crimes.
All five defendants are ageing and infirm. Many fear the suspects might die before they ever see a courtroom.

Bory said that if Samphan's condition persists, "it could affect" his case at the tribunal.
"Let's hope everything will be fine," the lawyer said.
© 2008 AP
Copyright © 2008. The Sydney Morning Herald.

Friday, June 6, 2008

Japan can help Cambodia's quest for justice


By Sara Colm, Senior Researcher on Cambodia for Human Rights Watch,
published in The International Herald Tribune/The Asahi Shimbun



May 29, 2008

The long-delayed court process to bring Khmer Rouge leaders to justice is under way in Cambodia.



Five former Khmer Rouge officials are now in detention, and the first trial--of the former chief of the regime's notorious Tuol Sleng prison, where 14,000 people were tortured and executed--is expected to take place later this year.

The Extraordinary Chambers in the Courts of Cambodia (ECCC) is a hybrid tribunal presided over by both Cambodian and international judges.

Based in Phnom Penh, it was established to try those deemed most responsible for the deaths of as many as 2 million Cambodians during the Khmer Rouge's four-year rule, which ended in 1979.

Though the tribunal has started to move forward, for the ECCC to successfully find justice for the victims of Khmer Rouge atrocities, it must overcome several major hurdles.

Cambodia's judiciary is widely known for its lack of independence and corruption, and for most Cambodians, a courthouse is not a place to seek justice.

Often the accused do not have access to a lawyer. Judges have been known to arbitrarily refuse to admit defense evidence and issue verdicts written in advance of trials. In politically sensitive cases, judges receive instructions from senior government figures.

In contrast, the ECCC is expected to meet international standards of justice.

However, the ECCC was established as a special chamber within the Cambodian court system, with the majority of its 19 judges Cambodian. The United Nations initially opposed the arrangement, fearing that the Cambodian government would try to manipulate the ECCC.
The tribunal's office of administration is split into a Cambodian-administered side and a U.N. side, with serious allegations of corruption already plaguing the Cambodian side, such as wage kickbacks to the Cambodian government.

In this context, what needs to be done to ensure fair trials?

Chief among the issues yet to be resolved is how far the ECCC will be willing to go in following the evidence and identifying additional individuals to investigate and prosecute.

ECCC budget projections presented to the donors in January indicate that at most three more individuals may be prosecuted.

However, can the ECCC be credible if it only tries a handful of the most notorious individuals? Many former Khmer Rouge government officials and senior military officials continue to live freely.

Donors should insist that the ECCC strengthen its witness and victim protection programs, without which prosecutions will be hard to conduct.

They should also support the ECCC so that their international investigators can carry out thorough investigations to bring more people to justice and enable victims to participate in the process.
As Japan and other international donor countries now consider a request for an additional $114 million (around 11.8 billion yen), they should insist upon significant reforms, including conditioning pledges on the ECCC improving its transparency and addressing the alleged corruption charges.

Japan, which has already made significant contributions to the ECCC's budget and has one judge sitting in its supreme court chamber, is ideally placed to lead the call for reform.

Only if key donors insist on all possible safeguards will it be possible for the Khmer Rouge tribunal to deliver to Cambodians the justice for which they have long been waiting.

The writer is a senior researcher on Cambodia at Human Rights Watch, a New York-based nongovernmental organization. (IHT/Asahi: May 29,2008)