The members of the Cambodian Human Rights Action Committee (CHRAC), a coalition of 21 NGOs, welcome the news that the Supreme Council of the Magistracy will this week select the judges and prosecutors for the Extraordinary Chambers in the Court of Cambodia (ECCC).

This is a very important decision and will have important implications for the future of Cambodia and Cambodians. The efficient conduct of the trials in accordance with the principles of international law will further enhance Cambodia’s international reputation. Trials, open to the public, will also help Cambodians to move on from the long period of civil conflict which included the Khmer Rouge period. By participating in the Tribunal judges, prosecutors and lawyers will gain valuable experience and skills, which will help them to participate in the implementation of the Government’s legal and judicial reform program.

The successful conduct of the ECCC will depend heavily on the quality of the judges and prosecutors appointed. CHRAC respectfully recommends that the Supreme Council of the Magistracy use the following criteria when they decide who to appoint. The appointees should:

- Have completed their legal training and hold a university degree in law or an equivalent;
- Have experience in significant criminal cases and have worked in criminal or international criminal courts as judge or prosecutor for at least three years;
- Include all suitably qualified and skilled women judges and prosecutors to achieve gender balance;
- Be persons of high moral character, impartiality and integrity;
- Be capable of and aware of the need to act independently of the Government and any other person or organization;
- Be unlikely to be repeatedly disqualified from cases because they have a personal interest in or personal association with any party in any case;

To facilitate communication with their international counterparts we also recommend that Cambodian candidates be able to speak either French or English to a high standard and that the Royal Government provide additional intensive language training for any judge or prosecutor who meets the other criteria.

The Tribunal has the potential to do a great deal of good for Cambodia and Cambodian society. CHRAC therefore respectfully urges the Supreme Council of the Magistracy to adopt the criteria set out above to ensure that the appointed judges and prosecutors form the most effective Tribunal possible.

For more information, please contact:
▪ Mr. Thun Saray Chairman of CHRAC and President of ADHOC Tel: 016 880 509
▪ Mr. Sok Sam Oeun Executive Director of CDP Tel: 012 901 199
▪ Dr. Kek Galabru President of LICADHO Tel: 012 803 174
▪ Mr. Ouk Vandeth Executive Director of LAC Tel: 012 859 691
▪ Mrs. Nay Dina Executive Director of KID Tel: 011 924 286
▪ Mr. Chiv Youmeng President of KYA Tel: 012 772 271

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