By: Jessica Ties
Impunity Watch, Asia
PHNOM PHEN, Cambodia – Four of the surviving leaders of Pol Pot’s Khmer Rouge are currently standing trial for crimes against humanity, war crimes, and genocide. Now it seems that others responsible for these attrocities may never be brought to justice.
In addition the four individuals currently standing trial, the international co-prosecutor has identified two more individuals suspected of being involved in the death of thousands of Cambodians. The co-investigating judges however, have closed the investigation of these suspects without arresting or interviewing them to pursue what would potentially be a third trial.
In response to the judges refusal to investigate, The Open Society Justice Initiative, which has been monitoring the tribunal, has stated that “The court’s actions suggest that the outcome of a case has been pre-determined, and that judges have refused to gather evidence or investigate facts.”
After Pol Pot rose to power, approximately 1.7 million people perished from starvation, overwork, medical neglect and execution between 1975 and 1979. Four of the key members of the regime responsible for these deaths: Head of State Khieu Samphan, Foreign Minister Ieng Sary, Social Affairs Minister Ieng Thirith and the chief ideologue of the revolution Nuon Chea are standing trial one year after Kaing Guek Eav was sentenced to nineteen years in prison.
The tribunals are being conducted under a “hybrid system,” in which Cambodian judges and staff work in conjunction with United Nations officials. This system has proven to be problematic for past tribunals.
After the court’s refusal to investigate the suspects of the potential third trial, co-prosecutor Andrew Cayley went public demanding that the court take call cases before it seriously. Commenting on the court’s decision, Mr. Cayley told BBC “It affects the integrity of this institution. The investigation needs to be done properly. Justice must not only be done, but it must manifestly and undoubtedly be seen to be done. And I believe if that does not happen, it will have serious consequences for the court as a whole.”
After Mr. Cayley’s statements, the Cambodian judges ordered Mr. Cayley to withdraw what they believed to be “confidential information.” They also stated that they would punish the staff member they believed to have leaked information and would welcome the resignation of international staff who disagreed with the way they were conducting investigations.
Co-investigating judge, Mr. Blunk, silenced a journalist who questioned the motives of the court by asking if the judges were trying to bury the case of the other two suspects by responding that “the use of the word ‘bury’ is insolent for which you are given leave to apologize within two days.”
It has been reported that Cambodia Prime Minister Hun Sen has stated that he would rather see the tribunal fail than see another trial and told Ban Ki-moon, U.N. Secretary-General, that he would not allow any additional trials to take place. It has been speculated that much of the Prime Minister’s motive for avoiding further trials is attributed to his desire to avoid embarrassment because some of the members of his inner circle held positions in the Khmer Rouge and were of an appropriate rank to be brought to trial.
For more information, please see:
VA News – US War Crimes Envoy Seeking Support for Tribunal – 28 June 2011
Aljazeera – Profiles: Khmer Rough Leaders on Trial – 27 June 2011
LA Times – Khmer Rouge Trial Fraught with Drama in Cambdia – 27 June 2011
BBC – Cambodia’s Khmer Rouge Tribunal in Disarray – 26 June 2011
