DATE=5/17/99
TYPE=BACKGROUND REPORT
NUMBER=5-43420
TITLE=KHMER ROUGE TRIBUNAL
BYLINE=STEPHANIE MANN
DATELINE=WASHINGTON
CONTENT=
VOICED AT:
INTRO: THE CAMBODIAN GOVERNMENT IS MOVING FORWARD WITH PLANS TO
PUT ON TRIAL FORMER KHMER ROUGE LEADERS FOR THEIR PART IN THE
DEATHS OF MILLIONS OF CAMBODIANS DURING THE 1970'S. THE
INTERNATIONAL COMMUNITY IS QUESTIONING WHETHER A TRIAL INSIDE
CAMBODIA WILL MEET MINIMUM STANDARDS OF JUSTICE. IN THIS REPORT,
V-O-A'S STEPHANIE MANN LOOKS AT THE REQUIREMENTS FOR AN
INTERNATIONALLY CREDIBLE TRIBUNAL.
TEXT: AN ESTIMATED TWO MILLION CAMBODIANS DIED -- BY EXECUTION,
STARVATION OR FORCED LABOR -- WHEN THE KHMER ROUGE WAS IN POWER
IN THE LATE 1970'S. SO FAR, TWO FORMER LEADERS HAVE BEEN CHARGED
AND AWAIT TRIAL IN CONNECTION WITH THOSE CRIMES.
THEY ARE MILITARY CHIEF TA MOK AND THE SO-CALLED CHIEF
EXECUTIONER, KANK KEK IEU, ALSO KNOWN AS DUCH (DOOK) WHO WAS HEAD
OF THE TUOL SLENG PRISON. JUDICIAL AUTHORITIES ARE CONSIDERING
WHETHER TO FILE CHARGES AGAINST OTHER FORMER KHMER ROUGE LEADERS.
AT FIRST, THE UNITED NATIONS CALLED FOR AN INTERNATIONAL
TRIBUNAL, SAYING CAMBODIA'S JUDICIAL SYSTEM IS NOT CAPABLE OF
HOLDING REALLY FAIR AND JUST TRIALS. MORE RECENTLY, THE U-N
SECRETARY GENERAL'S SPECIAL REPRESENTATIVE TO CAMBODIA, THOMAS
HAMMARBERG SAID THE UNITED NATIONS IS WILLING TO HELP THE
CAMBODIAN GOVERNMENT PROSECUTE KHMER ROUGE LEADERS IF THE PROCESS
CAN MEET STANDARDS OF FAIRNESS AND JUSTICE.
THE UNITED STATES GOVERNMENT IS ALSO CONCERNED. NEAL KATYAL, THE
NATIONAL SECURITY ADVISOR TO THE DEPUTY U-S ATTORNEY GENERAL
(ERIC HOLDER), SAYS PROTECTION OF TRIAL PARTICIPANTS IS A MAJOR
PROBLEM.
// KATYAL ACT ONE //
WE'RE FRANKLY QUITE CONCERNED ABOUT THINGS LIKE THE
SAFETY OF WITNESSES, THE SAFETY OF EVEN THE DEFENDANTS,
AND THE JUDGES AND PROSECUTORS AND THE OTHERS THAT WOULD
TAKE (PART) IN ANY KIND OF A TRIAL.
// END ACT //
MR. KATYAL SAYS ANOTHER CONCERN IS THAT CAMBODIA, AS A NEW
DEMOCRACY, LACKS THE JUDICIAL INFRASTRUCTURE AND LONGSTANDING
COMMITMENT TO RULE OF LAW THAT IS NECESSARY FOR SUCH AN IMPORTANT
TRIAL. AND HE PREFERS A COURT PROCEEDING HELD OUTSIDE CAMBODIA.
// KATYAL ACT TWO //
WHENEVER YOU ARE CONSIDERING SOMETHING LIKE A MAJOR
TRIAL, IT'S ALWAYS HELPFUL TO HAVE LONG ESTABLISHED
PROCEDURES IN PLACE -- PROCEDURES THAT CAN'T BE
QUESTIONED FOR BEING MADE UP AS A TRIAL GOES ALONG, FOR
BEING AD HOC, AND SO ON. THE INTERNATIONAL COMMUNITY
HAS SOME EXPERIENCE WITH THESE KINDS OF TRIALS, RULES OF
EVIDENCE, WHAT CAN BE SAID, OPENING STATEMENTS, THE WAY
WITNESSES SHOULD BE HANDLED, AND SO ON. WE HAVE A LONG
TRADITION OF TRYING TO DO JUSTICE IN AN INTERNATIONAL
FORUM.
// END ACT //
SUCH CONCERNS ARE SHARED BY DINAH POKEMPNER, THE DEPUTY GENERAL
COUNSEL OF HUMAN RIGHTS WATCH, A NEW YORK BASED HUMAN RIGHTS
MONITORING GROUP. MS. POKEMPNER SAYS THERE ARE SERIOUS DOUBTS
ABOUT THE INDEPENDENCE OF CAMBODIA'S JUDICIARY.
// POKEMPNER ACT ONE //
WHILE INDEPENDENCE IS STIPULATED IN CAMBODIAN LAW, IT IS
FAR FROM THE FACT. THE JUDICIARY, SUCH AS IT IS, HAS
BEEN COBBLED TOGETHER SINCE THE KHMER ROUGE YEARS. IT
IS POLITICALLY APPOINTED. MANY JUDGES ARE NOT FULLY
LITERATE. THEY ARE VERY MUCH BEHOLDEN AND ALSO AT THE
MERCY OF LOCAL POLITICAL AND MILITARY LEADERS. SO,
THERE IS NO PATTERN, NO TRADITION, AND NO PROTECTION FOR
A TRULY INDEPENDENT TRIAL.
// END ACT //
MS. POKEMPNER SAYS PRIME MINISTER HUN SEN'S DECISION TO HOLD THE
TRIALS IN A MILITARY COURT FURTHER CALLS INTO QUESTION THE
CREDIBILITY OF THE PROCESS. SHE SAYS A MILITARY COURT IS NOT
AN APPROPRIATE VENUE, BECAUSE THE CRIMES WERE NOT MILITARY
OFFENSES BUT -- IN HER WORDS -- CRIMES THAT OFFEND HUMANITY
WORLDWIDE.
MS. POKEMPNER SAYS CAMBODIANS NEED TO SEE SOMEONE HELD
ACCOUNTABLE. // OPT // AND SHE DISMISSES SUGGESTIONS THAT
CAMBODIA FOLLOW SOUTH AFRICA'S MODEL OF CONVENING A TRUTH AND
RECONCILIATION COMMISSION TO DEAL WITH ITS PAST ATROCITIES.
// POKEMPNER ACT TWO //
// OPT // THE REASON THAT THE SOUTH AFRICAN TRUTH
COMMISSION IS SUCCESSFUL IN SOME DEGREE IS BECAUSE IT
OPERATES IN A CONTEXT WHERE THOSE WHO DON'T COOPERATE
CAN BE TRIED. THERE IS A THREAT OF JUSTICE HANGING IN
THE BACKGROUND. // END OPT // CAMBODIA, I HAVE TO SAY,
OF ALL COUNTRIES IN THE WORLD, IS PRACTICALLY A MODEL
FOR THE CULTURE OF IMPUNITY. SIMPLY FINDING OUT WHAT
HAPPENED IS NOT THE ISSUE IN CAMBODIA. ... PEOPLE WHO
SUFFERED THROUGH (THE ORDEAL) KNOW WHAT HAPPENED. WHAT
IS IN COMPLETE LACK, WHAT'S IN NO SUPPLY, IS JUSTICE AND
ACCOUNTABILITY FOR WHAT HAPPENED. WHAT RANKLES
CAMBODIANS IS THAT THEY ARE LIVING SIDE BY SIDE WITH
THEIR TORTURERS, NOT THAT THEY'RE IN IGNORANCE OF HOW IT
CAME TO BE.
// END ACT //
PRIME MINISTER HUN SEN SAYS CAMBODIA'S COURT SYSTEM -- WITH HELP
FROM THE OUTSIDE-- WILL BE ABLE TO CONDUCT TRIALS THAT MEET
INTERNATIONAL STANDARDS. HE IS INTRODUCING LEGISLATION IN THE
NATIONAL ASSEMBLY THAT WOULD ALLOW FOREIGN PARTICIPATION IN
CAMBODIAN COURTS.
NEAL KATYAL SAYS THERE ARE MANY FOREIGN LEGAL EXPERTS IN THE
UNITED STATES AND OTHER COUNTRIES WILLING TO HELP CAMBODIA
CONDUCT A FAIR TRIBUNAL, BUT HE SAYS THEY ARE NOT YET SURE
EXACTLY WHAT KIND OF HELP HUN SEN MAY WANT.
// KATYAL ACT THREE //
WE AT THE JUSTICE DEPARTMENT ARE FULLY PREPARED TO HELP
IN ANY WAY THAT COULD EXPEDITE A PEACEFUL AND JUST
RESOLUTION. THAT MIGHT MEAN, FOR EXAMPLE, SENDING
PROSECUTORS OUT TO CAMBODIA TO ACTUALLY HELP IN THE
TRIAL OF THE CASE. I, MYSELF, AS WELL AS SOME OTHER
PROSECUTORS HAVE ALREADY DEVELOPED A FAIR AMOUNT OF
INFORMATION ABOUT SOME OF THE KEY INDIVIDUALS AT ISSUE
IN THE FORMER KHMER ROUGE, AND WE ARE READY TO HELP ANY
TRIBUNAL AND TURN THAT DOCUMENTARY EVIDENCE OVER TO
PROSECUTORS IN AN EFFORT TO HELP THE JUST RESOLUTION.
// END ACT //
DINAH POKEMPNER SAYS A FEW FOREIGN PROSECUTORS OR EVEN THE HELP
OF FOREIGN JUDGES MAY NOT BE ENOUGH TO INSULATE THE TRIALS FROM
POLITICAL INFLUENCE. SHE SAYS IT MAY SIMPLY PUT THE CAMBODIAN
PARTICIPANTS, ESPECIALLY PROSECUTORS AND JUDGES, IN AN EVEN MORE
POLITICALLY SENSITIVE POSITION. (SIGNED)
NEB/SMN/KL
17-May-99 12:43 PM EDT (1643 UTC)
NNNN
Source: Voice of America
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