KRT: How Is Reparation Paid to Victims?

The Khmer Rouge Trial Web Portal

How do the Khmer Rouge victims want reparation?
The question was raised by rights group Adhoc in a seminar organized on 29 August 2008, attended by an estimated 100 victims who filed complaints with the Khmer Rouge Tribunal (KRT)

Thun Saray, president of local rights NGO Adhoc explained, “We have noticed that the victims are in little knowledge of what psychological and collective reparation are. In questionnaires, most of them wrote that psychological and collective reparation includes ‘hospital and road.’”

Kheat Bophal, head of the Victims Unit at the Extraordinary Chambers in the Courts of Cambodia (ECCC), said, “Psychological reparation is one of the various rights of victims. The psychological reparation includes requiring defendants to build symbolic building to cleanse their guilt or to make public apology.”

In such a court, generally in the psychological reparation, the defendants are not required to do only those things. The desirers can make request to donors financing the KRT.

Another expert of the Victims Unit continued, “Now the KRT has not raised any forms of reparation, but it can be taken into future consideration.”

Hisham Mousar, KRT coordinator for the rights group Adhoc, says a quest for justice and reparation are necessarily interrelated.

“Cambodia is a poor country. So the reparation issue is very important. It is a broad policy beyond money. The apology of those most responsible for is also important,” he adds.

However, many say the psychological and collective reparation is the money to be desired.

Chum Mei, 61, Tuol Sleng survivor, said, “The reparation is the return of what we lost by the Khmer Rouge to release our living condition.”

Others say the money can not be offset against their beloved ones who killed under the regime.

A woman participant says, “Large amount of money can not make my husband survive.”

Judith Strasser, advisor in charge of mental problem for Transcultural Psychosocial Organization Cambodia (TPO Cambodia), said the regime survivors are living in mental diseases such as chronic discouragement, shocking disease or insomnia. They need a long medical treatment.

The seminar aims to urge the KRT’s judges to pay attention to the issue.

“If the issued is not raised this time, it may be late. The justice will not be completed, without reparation,” said Thun Saray.

Observers Mistrust Corruption Elimination In KRT

The Khmer Rouge Tribunal (KRT) last Friday established an anti-corruption committee in the court to avoid criticism by nationals and internationals.

Sean Visoth, head of administration, said to officials he would resign if the corruption was found in the ECCC. But observers have not been convinced by his announcement as now the corruption allegation has not been addressed.

Tribunal spokesman Reach Sambath told reporters the anti-corruption committee is head by Judge Kong Srim, head of Supreme Court Chamber, and Helen Jarvis, head of public affairs.

“H.E. Sean Visoth stresses he wants to solve it. From now if any corruption is found, he will step down. He has sacrificed his life in this kind of work to get effectiveness and justice for people,” Reach Sambath said.

The anti-corruption committee establishment followed subsequent corruption allegation though independent auditors have not discovered any graft, Sambath added.

Reach Sambath said of any offences imposed for those commit corruption, “As we know, we have to respect law. Judge Prak Kim San said those who give someone bribe are wrong. Those who receive bribe must be ready to be imprisoned. You Bunleng said that those who take bribe to someone must be dismissed and those who receive bribe must be punished.”

Youk Chhang, director of the Documentation Center of Cambodia, said the public will resume reviewing the effectiveness of the anti-corruption body in the tribunal.

“The most important thing is that we have to monitor the body’s activities and what measures the body has taken. Thus, both outcomes and legacy are depended on the body’s efforts, based on their own destination,” he added.

The UN-joined tribunal has been proceeding for over two years. The corruption allegation inside the administrative subsequently emerged. Recently, the UN Development Program has frozen Cambodian staffers’ monthly salaries for the month of July 2008 due to a new corruption allegation which has undermined the tribunal.

Keo Thyvuth, chief of personnel, was removed from his position and transferred back to his office of the Council of Ministers.

The trial of Kaing Guek Eav, alias Duch, is expected to begin in September or October as his case file is completely investigated. But it is concerned over budgetary crisis that may result in the delay of the planned trial of former Khmer Rouge leaders.

Donors have not yet brought more money to the tribunal because of the corruption allegation.

Observers say the U.S.-based Open Society Justice Initiative (OSJI) was directly critical of the corruption inside the tribunal, but Sean Visoth dismissed it and refused to cooperate with OSJI.

Instead, now Sean Visoth announces to fight against the corruption, establishing a so-called anti-corruption body headed by Judge Kong Srim and Helen Jarvis.

Sean Visoth’s last Friday announcement involved in the anti-corruption body is more likely that the court is totally ravaged by corruption.

Former KR leaders are condemned for killing some 1.7 million people during their reign from 17 April 1975 to early January 1979.

Five jailed and trial-awaiting former KR leaders and those most responsible for include Nuon Chea, former president of people representative’s assembly; Ieng Sary, former deputy prime minister in charge of foreign affairs; Khieu Samphan, former head of state; Ieng Thirith, former social affairs; and Kaing Guek Eav, alias Duch, former chief of Tuol Sleng prison.

Civil societies’ officials and Cambodian people inside and outside the counties want the defendants’ trial to be held soon in order that they reveal the crimes committed.

The ageing and seriously ill leaders could die before going to trial if the court is delayed. Ieng Sary suffers from urinating blood and Khieu Samphan suffers from high blood pressure. Both of them are most often taken to Calmette Hospital.

Source: Khmer Rouge Trial Web Portal

KRT forms new anti-corruption committee

The Cambodian side of the Khmer Rouge Tribunal (KRT) last Friday the announced the establishment of a new anti-corruption committee that will hear and resolve any graft allegations raised by staff.

KRT spokesman Reach Sambath said Saturday that the new body will be head by senior official Kong Srim, director of Cambodian Supreme Court, and Helen Jarvis, the KRT’s chief of public affairs.

He adds that the mechanism has been established to prevent corruption on the KRT’s Cambodian side, which has suffered fresh allegation of salary kickbacks despite giving the clean bill of health by a UN Development Program (UNDP) approved audit in May.

In the last few week KRT officials have confirms that more than one member of staff have come forward of graft with allegations, and that the accusations are currently being reviewed by an UN oversight committee in New York.

Reach Sambath said the new mechanism was announced to over 250 KRT officials at a Friday meeting.

He quoted Prak Kimsan, the director of the Pre-Trial Chamber, as saying: “When I came to work here. I heard the accusations of corruption. This is disgrace for our tribunal. We should have this mechanism.”

Prak Kimsan added that anyone found accepting or offering bribes at the KRT could be jailed.

Reach Sambath quoted Kong Srim as saying he is committed to success in the fight against corruption. “[If] any person sees or hears of any corruption they are report it to me by letter, which can be anonymous or not. I will punish those who commit transgressions,” said Kong Srim.

While the corruption allegations are being reviewed the UNDP has withheld salaries for the Cambodian side of the court, which amount to US$300,000 just for July. Funds recently donated by Japan have been used to pay Cambodian staff.

Meng Kimseng, UNDP spokesman, said Saturday that the UNDP has no new information on when it will be able to release the salary funds.

The anti-graft mechanism has been welcomes by civil society leaders, albeit with some skepticism.

Youk Chhang, the director of the Documentation Center of Cambodia, praised the establishment of the committee saying it could help boost donor confidence in the tribunal.

However, he added that the problem may not be as big as first thought and that, to some donors, the establishment of such a mechanism could convince donors that graft at the tribunal is a bigger problem than the reality.

Sok Sam Oeun, director of the Cambodian Defenders Project, said: “The creation of an anti-corruption mechanism could make donors countries a little bit more confident, but I don’t believe that it will be effective in fighting corruption.”

Kek Galabru, president of local human rights group Licadho, said: “The establishment of the mechanism is good, but it is not enough. Further investigations should be conducted to recapture donor confidence and let the KRT get on with the real work of sentencing former Khmer Rouge leaders.”

Source: Khmer Rouge Trial Web Portal

Japanese funds to tide over Khmer Rouge trial

Phnom Penh – Japanese funds would pay Cambodian staff of the Cambodian Khmer Rouge tribunal who have gone without pay because of a corruption dispute since June, a senior spokesperson for the UN side of the tribunal said Wednesday.

‘The 250 Cambodian staff who have gone without pay since June should be paid within two days,’ the spokesperson, who asked not to be named, said. The frozen funds amounted to about 700,000 dollars.

‘You can see from the indictment Tuesday that the court is going on and there are no delays over these allegations,’ the spokesperson said.

On Tuesday the court announced the indictment of Kaing Guek Eav, 66, also known as Duch, for crimes against humanity and war crimes – the first indictment since the court began operations in earnest three years ago.

Despite the arrests of five senior former leaders last year, the joint UN-Cambodian Extraordinary Chambers in the Courts of Cambodia has been beset with allegations of corruption and kickbacks since 2006.

The spokesperson said those were side issues and would not affect the workings of the court.

‘To indict Duch is a huge breakthrough after a lot of work. And what the United Nations Development Programme decides is secondary to bringing justice to the victims,’ they said.

Up to 2 million Cambodians died during the 1975-79 Democratic Kampuchea regime of the Khmer Rouge. Supreme leader Pol Pot died in 1998.

‘We have no news on when investigations into other issues will finish, but the court will continue no matter what,’ the spokesperson said.

Source: M&C

KRT appoints new chief of troubled personnel department

The Khmer Rouge Tribunal (KRT) has appointed a new chief of personnel to the Cambodian side of the UN-backed court, which was rocked by the corruption allegations earlier this month.

Keo Thy Vuth has been replaced by Rong Chhorng, the former secretary general of the National committee for population and Development (NCPD) at the Council of Ministers, KRT Public Affairs chief Helen Jarvis said yesterday.

“ I am happy to have this opportunity to contribute to this institution which is of significant historical importance,” said Rong Chhorng.

Sean Visoth, the KRT’s chief of administration, said that he believed the appointment would strengthen the court, which is about to move into its crucial trial phase.

Helen Jarvis said that the court believes the appointment will strengthen the court’s human resources management.

Allegations of corruption among the Cambodian staff at the court recently resurfaced following previous accusations made by legal watchdog NGO the Open Society Justice Initiative.

The allegation, which promoted the UN Development Program to last week halt its funding to the court, are currently being reviewed by a UN oversight committee in New York.

The court is expected to hold its first public trial in September or October, with former S-21 torture center chief Kaing Guek Eav, alias Duch, facing the charge of crimes against humanity.

Source: The Mekong Times Daily, via Khmer Rouge Web Portal