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Wednesday, February 21, 2007

Corruption allegations in Cambodia's Khmer Rouge tribunal promptUN audit

PHNOM PENH, Cambodia: A U.N. agency said it has audited the finances of Cambodia's Khmer Rouge genocide tribunal, as local and foreign officials involved in the judicial process were divided Wednesday over recent corruption allegations against it.

The announcement by the United Nations Development Program, which is managing some of the tribunal's funds, added weight to allegations of corruption made last week by a New York-based legal monitoring organization. The findings of the audit have not yet been announced.

The Open Society Justice Initiative alleged in a statement that Cambodian judges and other court personnel had kicked back some of their wages to Cambodian government officials in exchange for their positions on the court.

The UNDP said in a statement that its decision to conduct an internal audit action had been prompted by "various reports" late last year that "raised concerns about transparency of hiring procedures" of the tribunal.

"UNDP takes such matters very seriously," it said, adding that findings of the audit — conducted from Jan. 29 to Feb. 2 — are being prepared. It did not say if or when they would be released.
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"Appropriate action will be taken to respond to the internal audit recommendations," it said.
Corruption permeates the society and administration of Cambodia, one of Asia's poorest countries.

The tribunal was created by a 2003 agreement between Cambodia and the U.N. after years of difficult negotiations to bring those behind the genocidal Khmer Rouge regime to justice.

The radical policies of the now-defunct communist group, which held power in 1975-79, led to the deaths of about 1.7 million people from execution, overwork, disease and malnutrition.

Cambodian officials at the tribunal's administrative office have strongly denied the OSJI's accusations. The tribunal is being jointly run by Cambodian and U.N.-appointed foreign staff.

Sean Visoth, the office's Cambodian director, has decided to sever all dealings with the OSJI, the tribunal's Cambodian spokesman, Reach Sambath, said Wednesday.

The OSJI has helped organize legal training for the tribunal's Cambodian staff in the past, Reach Sambath said.

He said Sean Visoth has also sent a letter to OSJI Executive Director James A. Goldston accusing the group of being irresponsible in making the allegations.

"They released the statement without responsibility. Cooperation with an organization that shows such bad faith and bias is impossible," Reach Sambath said.

Peter Foster, a U.N.-appointed tribunal spokesman, said Sean Visoth's decision was unilateral and does not keep the OSJI from having full access to the tribunal's premises and to other officials involved in the tribunal.

The U.N.-appointed deputy director of administration, Michelle Lee, has not issued any ban on OSJI, he said, adding that "We still consider them a valuable partner in the process."

If the OSJI's allegations turn out to have merit, "we believe they should be fully investigated," Foster said.

The corruption accusations could deal another blow to the already troubled tribunal, which is set to convene later this year after long delays.

However, there are concerns that further delays could result from continuing disagreements between Cambodian and foreign judges on draft rules for the proceedings.

The tribunal has been set up to operate under Cambodia's judicial system, which is widely regarded as corrupt and susceptible to political influence.

Foster said meetings scheduled to resume early next month will be an opportunity for Cambodian and foreign judges to tackle their differences over the tribunal draft rules.

He said foreign judges could "pull out" of the whole process, as allowed by a clause in the tribunal agreement, "should the U.N. feel that international standards are not being maintained."

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