By Ek Tha
(Ek Tha,
also known as Madra, is now a spokesman of the Press and Quick Reaction Unit
and Deputy Director of the Press Department. This is a personal article and
does not reflect in anyway points of view of the Royal Government of Cambodia).
Madra can be reached at ekmadraus@yahoo.com)
PHNOM PENH,
March 2, 2012: The United Nations and Cambodia announced in their latest
meeting in Phnom Penh this week that their commitment remain unchanged to
facilitate and support the Extraordinary Chambers within the Courts of Cambodia
(ECCC) to achieve its goals of providing justice to the victims, preventing the
recurrence of atrocities and contributing to the strengthening of the
Cambodia’s rule of law.
Ambassador
David Scheffer, Special Expert to the Secretary-General of the United Nations,
and His Excellency Deputy Prime Minister Dr. Sok An, met and exchanged their
views as well as expressing appreciation of the achievements of the ECCC,
although they noted that more needs to be done for the Court to achieve its
goals.
The
continuing cooperation between Cambodia and U.N. to address any issue that may
arise concerning the work of the ECCC is a strong message to the international
community, especially the donors, that this tribunal is moving in the right
direction to deliver justice for the victims, who have been waiting for 33
years since the Democratic Kampuchea (DK) regime, better known as ‘Killing
Fields’, was ousted in the early 1979.
Ambassador
Scheffer and His Excellency Dr. Sok An shared the same view that both sides are
working to address the current differences concerning the work of the ECCC,
saying a “proper solution” could be reached.
In the
Thursday evening discussion, Scheffer said that “we have had very constructive
discussion”, while Dr. Sok An said it was a “fruitful talk”.
Ambassador
Scheffer, who also had discussion with both U.N. and Cambodian officials of the
ECCC, said he will report to the U.N. Secretary-General and the Legal Counsel
on the result of his talks during his second working visit to Cambodia
concerning the ongoing operations of the tribunal.
The joint
commitment by U.N. and Cambodia gave encouragement for the Friends of ECCC to
come up with more financial pledges as they all shared the same objectives --
to bring justice for the victims and also strengthen the rule of law.
FUNDS
PLEDGED
The
Government of Japan, in announcing its latest contribution of approximately $6
millions for both the Cambodia and U.N sides of the ECCC budget, said in a
press release by the Japanese embassy in Phnom Penh that three important points
of view led Japan to provide more funds for the trial process.
“Firstly,
the Khmer Rouge trials are the completing stage of the Cambodian peace process
in order to prevent the recurrence of atrocities committed during the Khmer
Rouge regime”.
Japan also
believes that “the tribunal will help deliver justice to the victims of the
Khmer Rouge and, therefore, contribute to national reconciliation” and to the
strengthening of the rule of law in Cambodia, said the release.
Another
announcement was unveiled when His Excellency Ambassador Mark Gooding met with
His Excellency Deputy Prime Minister Dr. Sok An on Friday at the Office of the
Council of Ministers.
H.E Gooding
said in the meeting that “the UK’s contribution is to indicate its strong
support for both international justice and for national reconciliation in
Cambodia”.
It should be
recalled that Cambodia’s greatest step towards reintegration and national
reconciliation thanks to the win-win policy championed by Samdech Akka Moha
Sena Padei Techo Hun Sen, Prime Minister of Cambodia.
The Prime
Minister’s policy brought a total defection of the Khmer Rouge fighters to join
the government, putting an end to the political and military organization of
the Khmer Rouge in 1998.
But Deputy
Prime Minister Dr. Sok An has said that the 1998 reintegration also contributed
to bring the suspects of the ‘Killing Fields’ leaders to stand trial today, as
the senior leaders of the regime were arrested at the time that peace had been
regained.
Cambodia’s
position remains unchanged -- to maintain peace and development which is the
overwhelming wish of the Cambodian people, who learned through bitter past
experience that the internal conflict brought destruction to their own nation.
“We have
never lost sight of the need to seek justice for the crimes committed during
those 3 years, 8 months and 20 days; for remembrance of the victims; and to
make sure such a tragedy will never recur,” the Deputy Prime Minister, who is also
Chairperson of the Royal Government Task Force on the Khmer Rouge Trials, said on
February 3, the day that the ECCC Supreme court sentenced Kaing Guek Eav,
better known as Duch was the head of the Khmer Rouge’s torture centre S-21, to
life imprisonment.
Duch, who
has charged with war crimes and crimes against humanity, has accepted his
responsibility for his role at the notorious center where an estimated 14,000
are believed to have died.
Democratic
Kampuchea, better known as the ‘Killing Field’ ruled the country from 17 April
1975 till 6 January 1979, during which time nearly 2 million people died of
starvation, execution, disease, and forced labour.
The
architect of the regime, Pol Pot, died in 1998 in Anlong Veng near Cambodia’s
border with Thailand.
Dr Sok An
also agreed with the request of Ambassador Scheffer to add Cambodia’s voice in
lobbying the donors to provide support for the U.N. side, given the budget
shortfall of $20 millions for this year.
TWO WINGS
NEEDED
A number of
observers have said that if either side faces difficulties because of a
shortfall in funds, it could disrupt the trial process, noting that some
Cambodian staff of the ECCC have requested to leave their positions after they
yet not received salaries for more than 4 months.
Recalling
that it is often said about the ECCC that “a bird or plane cannot fly with one
wing,” referring to the fact that the ECCC has two elements including Cambodia
and U.N. side.
The ECCC was
established under the agreement by U.N. and Cambodia in 2003 after 6 years of
difficult and challenging negotiations.
At one point
His Excellency Dr. Sok An, who headed negotiations with the U.N. and drafted
the trial law, with participation also by Ambassador Scheffer in the early
2000s, said that “we cannot afford to see the tribunal fail.”
His
Excellency Dr. Sok An described as unfounded the constant criticisms of the
ECCC for alleged political interference by the Cambodian Government.
Deputy Prime
Minister Dr. Sok An said that the government is facilitating the trial
according to the agreement signed between Cambodia and U.N. in 2003, and thus
U.N. and Cambodia alike in October 2011 and again “called upon all persons to
respect and support the integrity and independence of the ECCC judicial
process.”
RECORDS,
LEGACIES
Already the
ECCC has achieved its 5 records including: speed in carrying out its work
including adoption of internal rules and conducting the first trial; its
relatively low cost; the swift and smooth arrest of all charged persons and the
absence of any fugitives; the extent of public participation and support, and
the unprecedented involvement of victims as civil parties in the judicial
process.
If the Court
continues its present course, it may well be able to add two more records. The
6th record is the significance of Case 002, in which all surviving the most
responsible senior leaders, are now being tried by the Court. This has been
described as the most important case in international legal history, at least
since Nuremburg.
These
remaining senior leaders of the Khmer Rouge are: Nuon Chea, former chairman of
the National Assembly and chief ideologue. Khieu Samphan, former Khmer Rouge
head of state. Two other ministers -- Ieng Sary, ex-foreign minister, and his
wife Ieng Thirith, minister for social action (who has been separated from the
current trial due to her poor mental health).
The 7th
record will hopefully be the Court’s legacy, an important aspect of which will
be the archiving of its records at a documentation centre now under
construction, where national and international researchers can access such
records in the future.
Another
aspect of the legacy of the ECCC will be served as a model for the national
judicial system, especially in court administration and records management, and
the government looks to apply those experiences to the local courts in the
future. END
