The
Extraordinary Chambers in the Courts of Cambodia (ECCC) is currently
trying two aging former Khmer Rouge’s leaders namely, former head of
state Khieu Samphan, 83, and chief ideologue and chairman of parliament
Nuon Chea, 88, for crimes against humanity, war crimes, and other
offences.
Former Khmer Rouge foreign minister Ieng Sary died in March last year during the trial.
U.N.
and Cambodia also discussed the budget shortfall of the national
component of ECCC. The issues of the replacement a U.N. judge, the
ECCC’s legacy, judicial and non-judicial measure in respect of
reparations were also mentioned.
The
United Nations and Cambodia spent 6 years of torturous negotiations a
deal was inked in 2003, and followed the establishment of the ECCC in
2006 to try the most senior leaders of the Democratic Kampuchea, better
known as Killing Fields or Khmer Rouge, led by Pol Pot who died of
natural cause in 1998 in Anlong Veng district near the Thai border.
The historical milestone
H.E.
Dr. Sok An, who is also Chairman of the Royal Government Task Force for
the Khmer Rouge Trials, told the U.N. delegation in the meeting that
the ECCC is now approaching the 7 Aug which is the milestone day of the
tribunal for the case 002 which is the most important case.
“We
can that it marks the good success of the court. We understand this as a
common success of the Kingdom of Cambodia and the international
community, particular the United Nations, as a whole,” he said.
“We
can say that this court is our common baby. So, this success is really
the common success. But there is still challenge of financial issue
ahead of us. Another challenge is the very old age of the two accused
since their health status is not good,” said Dr. Sok An.
Mathias
said that he is pleased to witness the delivery of the verdict on
August 7, and echoed Cambodia that “it is a historic milestone not only
for the people of Cambodia but also the international criminal justice”.
Kaing
Guek Eav, better known as Duch, the former chief of the notorious Tuol
Sleng Prison, had his sentence reduced to 19 years by the U.N.-backed
court that convicted him, as because he already spent 11 years in
pre-trial detention center.
The
others awaiting trial are "Brother Number Two" Nuon Chea, the regime's
ex-president Khieu Samphan. Ieng Sary, its foreign minister, died and
his wife, Khmer Rouge 'first lady', was discharged from hospital in
Thailand.
The Financial difficulties
The
international and national components remain in financial difficulties
although it is not server as sometimes in the past, both sides however
said that they are pleased with the court’s performance and are
committed to fund gap for the national staff salaries.
The
United Nations is appreciated Cambodia’s government had committed an
additional $1 million to meet the salary for the 1st quarter this year,
but despite efforts the budget is still short for the national
component, said Cambodia’s government officials.
The
ECCC has so far spent about $217 million from 2006 till now. Cambodia’s
contributions in both cash and kind are about 10 percent of the court’s
total budget, making Cambodia is the second largest contributor after
Japan.
Cambodia
has to face the reality that it cannot further increase this already
significant contribution without jeopardizing the country’s judicial
reform program, as the funds for the ECCC already exceed the commitment
from the national budget to the country’s Supreme Court by 257% and to
the Appeals Court by 300%.
Last
month, Dr. Sok An requested that the British government make up the
financial shortfall of $125,000 for the month of July for the national
side of the court. In response, the British charge d’ affairs said that
she will take such Cambodia’s request to London for consideration.
The Cambodian side of the ECCC needs $6.4 million to operate for the whole year of 2014.
Judge replacement
Cambodia
and United Nations are working to appoint a U.N. appointed Judge Claude
Fenz to judge Silvia Cartwright who is leaving soon.
Mr. Mathias said that for the nomination of judge Fenz is good news and that expect to wrap up soon.
“We
are hoping that the U.N. Secretary General is in the position to
forward the nominee to you soon, so the reserved international judge
chamber can be in good time and there won’t be a delayed to the case
002,” he told Dr. Sok An.
In
response, Dr. Sok An said that we are working on a process of
replacement judge Catrize who will be leaving. We will get thing done
within 4 weeks from now”.
The ECCC’s legacies, the ECCC as a model
H.E.
Deputy Prime Minister Dr. Sok An, who is also Chairman of the Royal
Government's Khmer Rouge Trial Task Force, said that the ECCC has
achieved the five world records.
Those
are: 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 within four months and the
absence of any fugitives; the extent of public participation and
support, and the involvement of victims in the judicial process.
Other
legacies achieved by the ECCC including dealing with the most important
case of the crimes compared with other tribunals funded by the United
Nations.
Another
aspect of the Court’s legacy is the archiving of its records at a
documentation centre, where national and international researchers can
access such records in the future.
Japan
has pledged its donation for a centre to keep the legal records of
Cambodia's Khmer Rouge tribunal. The documentation centre will store the
public records of the ECCC.
Mr.
Mathias said that the documentations and the archives be available to
researchers and students for long run and at the appropriate time when
the court is complete its work.
“Certainly
the United Nations will be interested in working with the government to
agree on the deposition of the archive of the court,” he said.
Mr. Mathias also said that, “we view the participation of the Cambodian people in the ECCC as one of the great accomplishments”.
The ECCC said that an estimated 240,000 people attended the court to witness the hearings.
“The
ECCC is unique in the level of participation of the people and other
courts have a lot to learn from the ECCC in term of the court’s legacies
that you discussed,” said Mathias.
“We
do think that the ECCC is an important model for dealing with mass
crimes. I can tell you that even in the recent months as they had been
discussed at the United Nations about creating a new account mechanism
in countries that suffering through situation such mass crimes,” he
said.
“There
have been frequent references to the ECCC as a model. States are more
and more interest in the ideas of the accountability mechanism being
part of the national system of the host country with strong
international support in that context ECCC is always mentioned. So, you
are quite right that about it,” Mathias told Dr. Sok An
H.E.
Dr. Sok An said that the ECCC is also committed to its collective and
moral reparations which are classified into categories including:
remembrance and demoralization, rehabilitation, documentation,
education, and psychological and mental health support.
The
ECCC is the only international criminal jurisdiction that allows civil
party, which represents the victims of the Khmer Rouge, to fully
participate in the process of proceedings and hearing.
The
ECCC also looks into the non-judicial measures (NJM) which includes the
peace learning center in Takeo province, Memorial at Tuol Sleng Museum,
Gender-based violence project as well as the ECCC’ legal documentation
center and victim foundation.
The
court’s reparation program has grasped great attention of the
stakeholders including the ambassador of France who said that France
looks to build a memorial site in front of the embassy of France.
“We
are already worked with the ministry of culture to set up a memorial
site at Tuol Sleng genocide museum,” Dr. Sok An told Mathias who said:
“Thank you again for all the efforts your government has made in working
with the United Nations to support our common baby and we look forward
to continue good cooperation”.
End.