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Posted by: | Posted on: June 10, 2011
UN-Cambodia Court: Excessive secrecy, exclusion and fears of inappropriate interference
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AMNESTY INTERNATIONAL
Public Statement
Index: ASA 23/004/2011
Date: 8 June 2011
UN-Cambodia Court: Excessive secrecy, exclusion and fears of inappropriate interference
Amnesty International is gravely concerned that the Extraordinary Chambers in the Courts of Cambodia (ECCC) are moving towards dismissing the cases against additional suspects, amid an atmosphere of excessive and unnecessary secrecy, disciplinary measures jeopardising prosecutors’ independence and reports of political intervention.
As a result, there is an increased risk of undermining the ECCC’s core mission, which is to provide justice to victims of the Khmer Rouge and to the people of Cambodia as a whole, and to leave behind a legacy of respect for the rule of law.
Amnesty International calls upon the ECCC to adopt rules, policies and practices which ensure transparency, accessibility – in particular to victims, vigorous pursuit of investigations and prosecutions, and a firm rejection of any inappropriate or unwarranted interference with the judicial process.
On 29 April 2011 the Co-Investigating Judges announced the conclusion of their investigation into Case 003 apparently without having made use of any of the substantial investigative tools at their disposal.
They did not demonstrate that their decision followed a comprehensive and rigorous investigation, as required by the Court’s Internal Rules and by international standards.
They did not:
- summon and question suspects, charged persons, victims or witnesses;
- seize any exhibits;
- conduct on-site visits;
- seek expert opinions; or
- seek information and assistance from any state, the UN or NGOs.
This unreasonable approach sits uncomfortably close to the expressed wishes of Cambodian political leaders not to see any further prosecutions, and to end ECCC trials once Cases 001 and 002 have been concluded.
Moreover, it did not satisfy even the minimum requirements under international law and standards on the investigation of serious human rights violations, of a prompt, thorough, independent and impartial investigation.
Posted by: | Posted on: May 31, 2011
CLOSING ORDER of Co-Investigating Judges You Bunleng and Marcel Lemonde, 15 September 2010
CLOSING ORDER
of Co-Investigating Judges You Bunleng and Marcel Lemonde, 15 September 2010
V. MILITARY STRUCTURE
A. ESTABLISHMENT OF THE REVOLUTIONARY ARMY OF KAMPUCHEA
- 113. The Revolutionary Army of Kampuchea (“RAK”) was a core institution within the CPK governed Democratic Kampuchea.337 CPK policy relied heavily on the implementation of is goals by forceful means, making the military an important part of its government apparatus. From the outset, the CPK considered that “for self-defense and self-liberation it is imperative to use violence, whether political violence or armed violence. It is imperative that the people be armed, that is, there must be an army … in order to defend the people, to defend the revolution, and to go on the offensive to counter-attack the enemy”.338
- 114. The CPK asserted that its armed forces originated in “a Secret Defence Unit.339 By 1968 these forces had been upgraded into “armed guerrilla units”.340 17 January 1968 marks the official launch of an armed struggle and the birth of the CPK “revolutionary army”.341 According to the official line of the Party, by 1969 “the preconditions for an army were already there …In some locations, in the major Zones, there were already companies, many units, platoons, squads, teams. Other locations had just platoons, squads, and teams. However, those forces were the ranks of a Revolutionary Army!”.342 In March 1970, the latter was officially designated as the “Cambodian People’s National Liberation Armed Forces” (CPNLAF).