The members of the Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGO members, would like to praise the efforts and achievements of the Royal Government of Cambodia and the United Nations in successfully laying the foundation for the establishment of the Khmer Rouge Tribunal (KRT). As a result of these efforts, the Tribunal is today close to beginning its investigations into the crimes committed during the period of Democratic Kampuchea. CHRAC views the Tribunal as the last best chance for justice for the victims of the atrocities committed during the period of Democratic Kampuchea. We believe strongly in the importance of the KRT and the constructive role it can play for Cambodia. However, to be effective, it must be staffed by the most qualified judges of highest integrity and ability that Cambodia and the international community have to offer.

It is for this reason that CHRAC is concerned about the lack of information concerning the process through which judges will be selected by the Royal Government of Cambodia. The government has not released a list of the candidates to be considered, the criteria by which they will be evaluated, or information about the process and timeframe for recruitment and selection. CHRAC respectfully asks the Government’s Khmer Rouge Trials Task Force to make this information public, in order to strengthen this critical process.

Civil society participation and engagement is important during the judicial selection process to promote public discussion and confidence about the candidates. Vigorous public discussion of the candidates will help identify who is best qualified and allow selection of judges based on proper professional qualifications and gender parity. It may also avoid time-consuming problems and unpleasant surprises later on. There are concerns, for instance, that some potential candidates have conflicts of interest and would be found unqualified to serve as judges once trials begin. This would be disruptive and time-consuming, and would diminish the court’s credibility. It is important that such information be considered now, before they are selected.

The criteria for selection should also be made public. CHRAC has publicized its recommendations for selection criteria before, in a press release on August 9, 2004, but the Government has yet to respond adequately and the issue remains critically important. Candidates must be individuals of integrity and ability with appropriate training and qualifications in law and must:

- Be persons of high moral character, impartiality and integrity, and be highly respected;

- Be committed to being independent in the performance of their functions and not accepting or seeking instructions from any Government or any other source;

- Be chosen from among persons who are not likely to be repeatedly disqualified from cases, such as those who have a personal interest or personal association with any case, or those who have previously been involved in any capacity in a case involving a person likely to be investigated or prosecuted by the tribunal;

- Not be members of the Supreme Council of Magistracy (SCM);

- Have experience as a current or previous judge and/or experience in “criminal law [or] international law, including international humanitarian law and human rights law” (Art.3.4 of UN-Cambodia Agreement);

- Have completed their legal training and hold a university degree in law or an equivalent;

- Have relevant work experience in the field of law ranging from at least three to seven years.

We also recommend that the candidates be able to speak either French or English, to facilitate communication with their international counterparts, and that they be proficient in using computers. It is also important that the Royal Government of Cambodia disclose when the candidates are being considered and when a decision will be reached.

Furthermore, we stress that it is crucial that successful international judge candidates meet these high standards and requirements. A letter sent recently to U.N. member states made explicit the high standards expected by the international judges who will be nominated to the Tribunal. Criteria include a high level of judicial experience, proficiency in at least one (and preferably two) of the official Tribunal languages, and a willingness to serve on a “full time basis” while agreeing not to “engage in any other occupation of a professional nature, nor exercise any political or administrative function.” CHRAC urges the Cambodian authorities to make equally explicit their own selection criteria, and to ensure that their nominees are of equal talent.

The Tribunal has the potential to do a great deal of good for Cambodian society. CHRAC is committing to helping the government ensure that only the best candidates are selected for this extremely important task. It respectfully urges the Government to make the judicial selection process transparent so as to ensure public participation and the creation of the most effective Tribunal possible.

For more information, please contact:
▪ Mr. Sok Sam Oeun Chairman of CHRAC and Executive Director of CDP Tel: 012 901 199
▪ Mr. Thun Saray 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

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