Cambodian NGOs urge ECCC to reach agreement on internal rules

Several NGOs on Monday urged the Extraordinary Chambers in the Court of Cambodia (ECCC) to hammer out a consensus of its internal rules soon in order to facilitate the start of trials of the former Democratic Kampuchea (DK) leaders.

In a press release, the Cambodian Human Rights Action Committee (CHRAC), a Cambodian coalition of 23 NGO members, the Collective for DK Victims (CKRV) and the International Federation for Human Rights (FIDH) expressed their concern about the recent failure of the plenary session of the ECCC to adopt the internal rules of the tribunal, which are required to start investigating and prosecuting those who bear the greatest responsibility in the DK's alleged crimes.

"The credibility of both the Cambodian authorities and the U.N. is at stake: an acceptable agreement on the internal rules must be reached as soon as possible for the chambers to enter in the operational phase," said the release, noting that Cambodian and international judges and prosecutors have substantive disagreement about several key issues, including on already negotiated issues contained in the Agreement between the U.N. and Government of Cambodia.

In order to ensure respect of the highest standards in terms of independence and impartiality, all questions relating to the functioning of the ECCC should be solved by the chambers themselves and not be referred to other Cambodian authorities, it said.
"In particular, criteria of admissibility of defense and victims' lawyers must be objective and the list of lawyers should be maintained by the ECCC themselves, in conformity with international practice," it said, adding that victims' organizations should not be required to register with the Cambodian government prior to being able to file a complaint. Procedures relating to false testimony in the course of the ECCC proceedings should not be referred to ordinary Cambodian courts but remain with the exclusive jurisdiction of the ECCC, it said.

"The objective of the government of Cambodia and the U.N., in establishing the ECCC, aimed at guaranteeing the right to truth and justice for the Cambodian people. The accomplishment of such a historical task must prevail on any other private interest." it added.

The U.N. and Cambodia agreed in 2003 to jointly hold trials for the former DK leaders, after six years of talks. Formal trials are expected to begin in mid-2007 and the entire process will take three years and cost 56.3 million U.S. dollars.

The DK ruled Cambodia between 1975 and 1979 and was charged with genocide, war crimes and crimes against humanity.

Source: Xinhua