Amnesty International Public Statement
22 November 2006
Cambodia: Extraordinary Chambers Must Not Rush
to Adopt Flawed Rules
Amnesty International today called on the judges of the Extraordinary Chambers
in the Courts of Cambodia (Court), who are meeting to consider draft Internal
Rules (Rules) governing the work of the Court, to extend their consideration of
the Rules and to extend the time allocated for public comments and expert
consultations.
Amnesty International has reviewed the Rules, which were
released for public comment on 3 November 2006. Although the organization
welcomes the transparent process conducted by the Court, it has identified a
number of serious problems which must be resolved to ensure that the Court
meets the highest standards of international justice in investigating and
prosecuting crimes under Cambodian and international law committed in Cambodia
between 17 April 1975 to 6 January 1979.
Amnesty International is concerned that the problems it has identified in its
initial review are complex and cannot be effectively resolved by 25 November,
when the judges conclude their plenary and are expected to adopt the Rules.
Amnesty International is, therefore, calling on the judges not to rush to adopt
the Rules in the time frame but instead to advance their work as much as
possible at this plenary, taking into account the initial input it has
received. The Court should then either extend the transparent consultation
process and schedule a further plenary or provisionally adopt the Rules at this
meeting and schedule a detailed review process in the near future.
Summary of Amnesty International’s concerns on the Rules
Amnesty International has identified a number of problems in
the Rules which should be addressed, including:
- There are inadequate
provisions for the protection and support of victims and witnesses.
Amnesty International is particularly concerned that the establishment of
a Victims Unit is only included for discussion and “subject to the
availability of additional funding.” Furthermore, the functions and
responsibilities of the proposed Victims Unit differ significantly from
victims and witnesses units of other international and internationalized
courts, raising concern that, even if the Unit is established, it will not
be effective. Victim and witness units of other international courts
are solely responsible for providing protection and support, assisted by
other authorities. The Court’s Rules however fail to establish the
Victims Unit as the central body to perform these functions and do not
include details of protection or support services that will be provided.
- Although the Rules provide
for reparations for victims, the scope and forms of reparations are
vaguely defined and, in some instances, inconsistent with international
law. For example, a provision that victims can only apply for reparations
for injuries which “have come into being and continue to subsist at the
time of the proceedings” is contrary to the principle that all victims of
crimes under international law have a right to full and effective
reparation.
- The Rules do not incorporate
important provisions adopted by other international and internationalized
courts governing the prosecution of crimes of sexual violence. In
particular, rules relating to the treatment of survivors of sexual
violence and establishing principles on the consideration of evidence in
cases of sexual violence are omitted.
- The Rules provide that the
judges will need to decide whether the Cambodian Bar Association or the
Defence Unit of the Court will maintain a list of defence lawyers. The
organization believes that this task must be allocated to the Defence Unit
to ensure that the accreditation of defence lawyers is conducted
independently. Amnesty International is particularly concerned by recent
reports that the Bar Association has indicated that if it is given this
task, it would bar foreign lawyers from defending accused persons.
- Rules prohibiting trials in
absentia have not yet been fully incorporated into the Rules. The right of
an accused person to be present at their trial is an integral part of the
right to defend oneself, where they can hear and challenge the prosecution
case and present a defence.
Copyright 2006
Amnesty International