KRT: Corruption fears cast shadow over Khmer Rouge trial

From Times OnlineFebruary 16, 2009

Corruption fears cast shadow over Khmer Rouge trial

Anne Barrowclough in Phnom Penh
As a UN-backed international tribunal begins the first major Khmer Rouge trial for three decades, concern is increasing over allegations of corruption and political interference at the Extraordinary Chambers of the Courts of Cambodia (ECCC).

A dispute within the ECCC over whether charges should be brought against more former Khmer Rouge leaders has left the tribunal's credibility in doubt, human rights groups say.

The dispute centres on efforts by the Canadian co-prosecutor, Robert Petit, to charge up to six more former members of the regime, a move opposed by his counterpart Chea Leang, the Cambodian co-prosecutor.

Mr Chea cited the lack of resources available to the ECCC and the "need for national reconciliation" as reasons for rejecting the additional charges. But Mr Petit, a veteran of war-crime tribunals, including those in Sierra Leone and Kosovo, told The Times that these criteria were "not appropriate" when determining if crimes had been committed.

"Even with the cost and length of time it would take to bring these extra cases, it is justifiable because it will bring the Cambodians a more substantive justice," he said.

"We need to show we are serious in delivering as much justice as we can within the limits imposed on us."

The mandate of the court is to try only the top leadership of the Khmer Rouge and those "most responsible" for the worst atrocities.

Critics maintain that the tribunal's reluctance to charge more former leaders indicates that it is allowing itself to be influenced by political considerations.

"This casts doubt on the very credibility of the tribunal," Lao Mong Hey, of the Asian Human Rights Commission, said. "If someone is suspected of committing a crime, why not try them?"

The tribunal is comprised of a majority of Cambodian judges sitting alongside international judges, with Cambodian and international co-prosecutors. The UN initially opposed the arrangement because of widespread concerns over the notoriously corrupt Cambodian judiciary, and its lack of independence.

The Cambodian courts are tightly controlled by Hun Sen, the Prime Minister, who, along with several senior members of the Government, is a former Khmer Rouge cadre. Legal experts say that they are not at risk of prosecution.

Sarah Colm, of Human Rights Watch, said: "This is a test of the independence of the court. The reasons being given for restricting the numbers on trial are politically based rather than evidential.

"This certainly is not a good start to the tribunal."

A survey last week by the University of California, Berkeley showed that 90 per cent of Cambodians were keen to see Khmer Rouge leaders brought to trial. But it also found that one third had doubts about the tribunal's neutrality.

"Cambodians don't have much confidence in their fellow countrymen," Mr Lao said. "The tribunal needs to show its independence."