29 January 2007
Khmer
Rouge Trial Remains Stalled, But Agreement Inching Closer
PHNOM PENH — The committee drafting internal rules necessary for trials of
former Khmer Rouge leaders remained in
deadlock, although it had inched significantly closer to agreement, the
committee said in a press release Friday.
The Extraordinary Chambers in the Courts of Cambodia (ECCC) Review
Committee concluded its two-week session in Phnom Penh on the draft
internal rules Friday on a more positive note than the bitter
recriminations of November, but still unable to resolve "several major
issues" during the closed-door session.
"As a result of in-depth discussion, resolution was found for many
of the identified points of disagreement, and the remaining matters were
brought to this week's meeting of the Committee," the committee said in
a statement.
"Solid progress was made during the two-week session of the Review
Committee, significantly narrowing the number of outstanding issues.
"Nevertheless, there remain several major issues to be fully
resolved, such as the way in which Cambodian and international law can be
integrated into the Internal Rules to ensure a transparent and fair
registration process and full rights of audience for foreign defence counsel
before the ECCC."
A further meeting of the committee will convene in March, it said.
"We are acutely aware of the urgent need to ensure fair and open
trials for the benefit of the Cambodian people and we are all committed to
achieving that goal," the committee concluded.
The nine-member committee convened earlier this month to discuss the
rules, which govern every aspect of the hearings from the design of the
trial chamber to victims' rights and the roles of the Cambodian and
international staff.
The two-week discussions followed the group's failure last November to
agree on more than a small portion of the rules amidst bitter legal
argument, which effectively stalled the 56-million-dollar joint
UN-Cambodian hearings just months after it began its initial prosecution stages
in July.
One of the major sticking points has proved to be finding common
agreement on how the international and Cambodian teams fit together and
how their roles will be defined.
The Cambodian Bar Association at one point threatened to disbar members
who participated in some proposed training sessions, and debate focusing on
issues such as independent legal representation for defendants and the
role of international lawyers alongside their Cambodian counterparts has
been fierce.
The UN and
Up to 2 million Cambodians died during that period. However most of the
now aging and often ailing leaders still live freely in their communities.
Former leader Pol Pot died in 1998. Former military commander Ta Mok died in
hospital last year.
The trials are budgeted to take just three years to complete and
advocates have warned that, as both witnesses and potential defendants get
older, the trials must take place soon or risk never happening at all.
Critics, including the New York-based Human Rights Watch, have accused
the government of meddling in the process and of lacking the political will to
proceed swiftly, but the government has angrily denied the accusations, calling
them politically motivated and groundless.
Copyright 2007
Deutsche Presse-Agentur