We welcome the Royal Government of Cambodia and the International Community’s determination to ensure the fairness, credibility, independence and impartiality of the Extraordinary Chambers (EC). In order to achieve this, CHRAC and other members of civil society have made multiple requests on the above topics, yet many of our questions remain unanswered. The International Federation of Human Rights (FIDH), ADHOC and LICADHO held a meeting and discussed these issues with members of civil society on 2 - 3 March 2005 and again reiterated these requests in a press release on 15 April. CHRAC respectfully requests again today, as the second training course for judges and prosecutors begins, that the Royal Cambodian Government (RGC) and International Community (including the United Nations), kindly respond to the concerns of civil society.

1) Recruitment, selection and appointment of Cambodian judges, prosecutors and staff should be objective, fair and transparent, with clear criteria.

Thirty judges and prosecutors were sent to an introductory training course for preparation for the EC from 23 August - 3 September 2004. The second training course for the judges and prosecutors starts from today, Monday 25 April and runs until 6 May 2005. These thirty judges and prosecutors are presumably candidates for the EC, but this information has not been publicly announced, nor have their names been made public. The process to select judges and prosecutors for the EC has not been publicized, nor criteria for selection.

Our last petition was on 9 August 2004, when we called for International Standards for the EC. This petition was sent to the Supreme Council of the Magistracy (SCM) but we have not received a response. Given the problems with the judicial system, as recognized publicly by the government, we remain deeply concerned that the Extraordinary Chambers may not reach the goal of fairness, credibility and independence. We again urge the SCM to immediately publicize the criteria for judges and prosecutors’ selection, and the selection process.

The Secretariat for the RGC Task Force for the EC has issued an informal request for interpreters and translators who may be interested to work with the EC. There is no other

information publicly available however, as to the numbers and types of staff persons for the tribunal (including legal advisors, administrative staff, etc) and how they will be selected. We understand that the negotiations for the EC have been lengthy, funding has not yet been secured and that some of this staffing information may not yet be known. However we respectfully request that the selection for ALL staff of the EC be done with the same international standards, and that the criteria and process for selection be made public and open. We also request that the numbers and types of positions for staff at the EC be made public as soon as possible.

2) International personnel serving in the EC be of highest professional caliber, and in particular that they are completely free from the influence of any and all governments. The criteria and process for selection should be made public.

CHRAC wrote a letter to the UN Secretary General on 10 September 2004, calling for the above. The criteria and process for selection have not yet been publicized. We again respectfully reiterate our previous request and ask the UN to respond forthwith.

3) Funding be adequate for the EC to increase the likelihood of obtaining International Standards.

The total budget for the three year operation of the EC is US$56.3 million. The United Nations is responsible for collecting US$43 million and the RGC is responsible for contributing US$13.3 million. At the donors meeting on 28 March 2005, the members of the international community pledged a total amount of $38.48 million, which left about $4.52 million shortfall. At a meeting of the group of interested states and ASEAN on the Cambodian share of the budget for the EC on 25 March 2005 at the Office of the Council of Ministers, the RGC pledged to contribute US$6.7 million of the 13.3 million -- $1.5 million in cash, and an estimated $5.2 million in-kind. We respectfully request the RGC to show their commitment to the EC by a more substantial financial contribution.

Considering that the UN Secretary General has stated that the process of setting up the KRT can only be initiated once the full budget for all three years has been pledged and the first year's funds are in the bank account, the lack of funds could further delay the court. Many of the key suspects and witnesses are growing older and experiencing health problems.

We appeal to the RGC and international donors to cover urgently the remaining funds. The EC can only be successful if it has sufficient financial resources to conduct thorough investigations, hire the best quality staff, and to provide necessary legal and physical protection for defendants, victims, and witnesses.

4) Victim and witness support services be well planned, well funded and that reparations be considered. Civil society should be consulted.

CHRAC and civil society have expressed our concerns for victim and witness support in several fora. The FIDH, ADHOC and LICADHO press release of 15 April reiterates these requests in detail. In summary these organizations call for the adoption of measures to ensure that victims and witnesses, whose participation in the trials will be crucial, be well informed of their rights and benefit from adequate protection. Consultation with civil society is also essential, notably on the appropriate forms of reparation for victims, particularly collective and symbolic forms of reparation.

5) Rules of procedure and evidence for the EC should be developed, clarified and adopted as soon as possible

The EC is established within the Cambodian court system and it will apply existing Cambodian laws in force. The EC law authorizes the judges to apply procedural rules established at the

international level if there are gaps, uncertainties or ambiguities regarding interpretation or application, or inconsistencies with international law. But questions arise as to how effectively this can be done: which procedural rules at the international level should be referred to and who will decide? Existing laws often remain un-enforced, and many of the international conventions to which Cambodia is a party are routinely violated.

CHRAC has again issued several press releases on this subject. In order to ease the operation of the EC, we have called upon the RGC to create special rules on procedure and evidence. It is an urgent need because clear rules of procedure and evidence could reduce legal ambiguities that may cause unnecessary delay in the EC’s operation. Without the adoption of additional rules of procedure and evidence, the EC may have to rely on old and existing procedures that legal scholars agree are inconsistent with international norms.

We support the RGC Task Force for the EC in their work drafting rules of procedure and evidence. We take this opportunity to request the Task Force to share this draft with civil society. We call for the adoption of these rules of procedure and evidence either by authorizing the EC judges to adopt such regulations, or that draft rules of procedure and evidence be forwarded for adoption by the National Assembly.

For more information, please contact:
▪ Dr. Kek Galabru Mobile: 012 802 506
▪ Mr. Sok Sam Oeun Mobile: 012 901 199
▪ Mr. Ouk Vandeth Mobile: 012 859 691

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