Over the past few days, Cambodian Human Rights Action Committee (“CHRAC”), a coalition of 23 member NGOs, has learned from a source who wishes to remain anonymous that there have been disturbing developments in the progress of the rules committee and the future of the ECCC - including the possible pull-out of international senior officials should the Internal Rules not meet minimum international standards.

The lack of public information about this potential impasse underscores the need for more transparency in the rules drafting process, including NGO monitoring of committee meetings. At the very least, regular, detailed press briefings are necessary to keep the Cambodian people up-to-date on the cause of the latest delay in the court process. People are losing faith as the delays continue without explanation.

In addition, CHRAC would like to comment on the process itself, and re-affirm several points originally raised in our comments on the draft internal rules for the ECCC.

First, the procedural rules must reflect the letter and the spirit of the provisions in the Agreement between the Royal Government of Cambodia and the United Nations (“Agreement”) which insulate the process from political control or influence. This means, for instance, that the provisions of the Agreement relating to the pre-trial chamber and the ability of international co-prosecutors to go forward with the case, absent a super-majority block, must be respected. The ability of international court personnel and staff to operate freely and independently is critical to the overall integrity of the process.

Second, CHRAC underscores the need for international defense counsel to be able to participate freely and fully in the ECCC and appear personally before the Extraordinary Chambers. Anything short would violate both the defense right to free choice of counsel and the principle of equality of arms, set out in the Agreement and enshrined in the International Covenant on Civil and Political Rights, which is applicable in Cambodia since it was ratified in 1992. It is already public knowledge that one potential suspect/defendant has already chosen international defense counsel.

Finally, CHRAC reiterates the need for a fully-funded civile partie process to allow the Cambodian people to engage with the court, make their voices heard, and receive acknowledgement of their injuries, inter alia, in the form of compensation.

CHRAC commends the Extraordinary Chambers on its progress in having completed the facilities necessary for the trial proceedings. We are, however, disappointed and concerned that more than half of the first year’s operation has passed with little to show in the way of justice for the victims of the Democratic Kampuchea Regime.

For more information, please contact:
▪ Mr. Thun Saray Chairman of CHRAC/President of ADHOC Tel: 016 880 509
▪ Dr. Kek Galabru President of LICADHO Tel: 012 803 174
▪ Mrs. Nay Dina Executive Director of KID Tel: 011 924 286
▪ Ms. Seng Theary Executive Director of CSD Tel: 012 222 552

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