#798, St. 99, Sangkat Boeung Trabek, Khan Chamcamorn, Phnom Penh, Cambodia
Tel: (855) 23 726 901/Fax: (855) 23 726 902, e-mail: info@cchrcambodia.org,
website: www.cchrcambodia.org
Tel: (855) 23 726 901/Fax: (855) 23 726 902, e-mail: info@cchrcambodia.org,
website: www.cchrcambodia.org
Media Statement
FOR IMMEDIATE RELEASE
AHRC-STM-090-2009
April 17, 2009
CAMBODIA: Tolerance of corruption at the Khmer Rouge Tribunal is
unacceptable
The Asian Human Rights Commission (AHRC) and the Cambodian Center for Human
Rights (CCHR) are very concerned that, on 3 April, the Office of the Co-Investigating
Judges (OCIJ) at the Extraordinary Chambers in the Courts of Cambodia (ECCC),
otherwise known as the Khmer Rouge Tribunal (KRT), rejected a request by the defence
seeking disclosure of the UN review of allegations of corruption. The OCIJ cited lack of
jurisdiction to justify their decision. Given that other potential avenues of redress have
recently been blocked, this decision has essentially put an end to the recourse available
for addressing corruption.
In mid-2008, the UN, which is assisting the KRT, conducted a review of new complaints
regarding corruption made by Cambodian staff that followed those made not long after
the formation of the KRT in 2006. This UN review has been kept confidential, although it
reportedly called on the Cambodian government to address the issue of corruption head
on. However, the Cambodian government failed to heed this call, and the issue has
lingered while new allegations of corruption have been made over recent months.
In early January 2009, Nuon Chea’s defence team filed a complaint with the Court of
Phnom Penh, requesting that it investigate the alleged corruption. After taking a
Furthermore, earlier this month, the UN made a further attempt to get the Cambodian
government to put in place a credible mechanism to address allegations of corruption.
But the Cambodian government refused to cooperate, which led to the breakdown of
the negotiations regarding potential anti-corruption measures for the tribunal.
The Constitution of Cambodia, the Agreement between the UN and Government of
Cambodia for prosecuting crimes committed under the Khmer Rouge regime, the Law on
the Establishment of the KRT, and the tribunal’s Internal Rules reflect the fair trial
provisions stipulated in the International Covenant on Civil and Political Rights to which
Cambodia is a party. Article 14 of this Covenant states that “everyone shall be entitled to
a fair and public hearing by a competent, independent and impartial tribunal”.
Furthermore, the Public Affairs section at the KRT has long heralded the trials’ “legacy”,
stating that the tribunal “will provide a new role model for court operations in
Cambodia”.
Should institutional corruption be found to exist at the KRT- and this now seems highly
probable - serious questions about the fairness of the trials would be raised. Corruption
introduces an element of external control that affects both the tribunal’s independence
and the fairness of the trials - a person paying kickbacks is not truly independent and
impartial. Furthermore, the failure of the Cambodian government, the UN, and the
national and international judges to properly address allegations of corruption has sent
out a signal to Cambodians that corruption is tolerated and, when required,
accountability disregarded. Impunity overrides accountability.
Justice must not only be done but also be seen to be done. This issue of corruption,
together with the widely reported sustained political interference, has very much
undermined the dignity and reputation of the KRT, which it must have in order to assert
its authority, maintain its credibility and win the public’s trust. It casts doubt on the
fairness of its trials, and this is unacceptable for a very costly tribunal which is expected
to be “a new role model for court operations in Cambodia.”
The AHRC and the CCHR therefore urge the UN, the Cambodian government, the
Cambodian courts and the KRT itself to address the issue of corruption once and for all.
They should properly investigate and disclose their findings. The AHRC and the CCHR
also encourage the defence to appeal the OCIJ’s rejection of the request for disclosure
of the UN review of the corruption allegations and the decision of the Court of Phnom
Penh to end its investigation into the alleged corruption. If it accepted that corruption
affects the fairness of the trials, then the OCIJ’s jurisdictional arguments are
unacceptable. Cambodians have been waiting thirty years for the Khmer Rouge trials,
but trials alone are not enough - they must be fair and transparent.
For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.org
Rights (CCHR) are very concerned that, on 3 April, the Office of the Co-Investigating
Judges (OCIJ) at the Extraordinary Chambers in the Courts of Cambodia (ECCC),
otherwise known as the Khmer Rouge Tribunal (KRT), rejected a request by the defence
seeking disclosure of the UN review of allegations of corruption. The OCIJ cited lack of
jurisdiction to justify their decision. Given that other potential avenues of redress have
recently been blocked, this decision has essentially put an end to the recourse available
for addressing corruption.
In mid-2008, the UN, which is assisting the KRT, conducted a review of new complaints
regarding corruption made by Cambodian staff that followed those made not long after
the formation of the KRT in 2006. This UN review has been kept confidential, although it
reportedly called on the Cambodian government to address the issue of corruption head
on. However, the Cambodian government failed to heed this call, and the issue has
lingered while new allegations of corruption have been made over recent months.
In early January 2009, Nuon Chea’s defence team filed a complaint with the Court of
Phnom Penh, requesting that it investigate the alleged corruption. After taking a
statement from the KRT’s Cambodian administrator, Sean Visoth, who was named as
one of the witnesses, and looking at the audits and other documents this witness had
submitted, this court dismissed the complaint. It said that “the results of these
investigations (as shown in these audits and documents) did not say there was
corruption” and it ended its investigation altogether.
one of the witnesses, and looking at the audits and other documents this witness had
submitted, this court dismissed the complaint. It said that “the results of these
investigations (as shown in these audits and documents) did not say there was
corruption” and it ended its investigation altogether.
Furthermore, earlier this month, the UN made a further attempt to get the Cambodian
government to put in place a credible mechanism to address allegations of corruption.
But the Cambodian government refused to cooperate, which led to the breakdown of
the negotiations regarding potential anti-corruption measures for the tribunal.
The Constitution of Cambodia, the Agreement between the UN and Government of
Cambodia for prosecuting crimes committed under the Khmer Rouge regime, the Law on
the Establishment of the KRT, and the tribunal’s Internal Rules reflect the fair trial
provisions stipulated in the International Covenant on Civil and Political Rights to which
Cambodia is a party. Article 14 of this Covenant states that “everyone shall be entitled to
a fair and public hearing by a competent, independent and impartial tribunal”.
Furthermore, the Public Affairs section at the KRT has long heralded the trials’ “legacy”,
stating that the tribunal “will provide a new role model for court operations in
Cambodia”.
Should institutional corruption be found to exist at the KRT- and this now seems highly
probable - serious questions about the fairness of the trials would be raised. Corruption
introduces an element of external control that affects both the tribunal’s independence
and the fairness of the trials - a person paying kickbacks is not truly independent and
impartial. Furthermore, the failure of the Cambodian government, the UN, and the
national and international judges to properly address allegations of corruption has sent
out a signal to Cambodians that corruption is tolerated and, when required,
accountability disregarded. Impunity overrides accountability.
Justice must not only be done but also be seen to be done. This issue of corruption,
together with the widely reported sustained political interference, has very much
undermined the dignity and reputation of the KRT, which it must have in order to assert
its authority, maintain its credibility and win the public’s trust. It casts doubt on the
fairness of its trials, and this is unacceptable for a very costly tribunal which is expected
to be “a new role model for court operations in Cambodia.”
The AHRC and the CCHR therefore urge the UN, the Cambodian government, the
Cambodian courts and the KRT itself to address the issue of corruption once and for all.
They should properly investigate and disclose their findings. The AHRC and the CCHR
also encourage the defence to appeal the OCIJ’s rejection of the request for disclosure
of the UN review of the corruption allegations and the decision of the Court of Phnom
Penh to end its investigation into the alleged corruption. If it accepted that corruption
affects the fairness of the trials, then the OCIJ’s jurisdictional arguments are
unacceptable. Cambodians have been waiting thirty years for the Khmer Rouge trials,
but trials alone are not enough - they must be fair and transparent.
For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.org
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