News Service:047/99

AI INDEX: ASA 23/04/99

8 March 1999

Cambodia: time to judge past atrocities

Phnom Penh -- Following the arrest on 6 March of Ta Mok, a senior member of the Khmer Rouge, Amnesty International today called on the Cambodian authorities to join the international community in establishing an international court to bring to justice all those implicated in the mass violations of human rights while the Khmer Rouge were in power -- or to surrender them to the courts of other states able and willing to conduct fair trials.

"At last the opportunity exists to hold to account those believed to be responsible for crimes against humanity and war crimes in Cambodia between 1975 and 1979," Amnesty International said.

"The international community should act immediately to ensure that justice is done, and seen to be done."

The Cambodian authorities are holding Ta Mok in a military detention centre in the capital Phnom Penh. Government spokesmen have indicated their intention to bring him to trial in Cambodia, probably in a military court.

"A military court, which only has jurisdiction over breaches of military discipline, is not the competent forum for this trial. This is not a case of a breach of military discipline, it is about crimes against humanity," Amnesty International said.

"A civilian court is the place for such a trial, and an international court or the court of a state able and willing to exercise universal jurisdiction is the only credible option."

According to Amnesty International, Cambodia does not have the judicial structure or legislation to ensure a fair trial. Following years of war and political instability, the judicial system remains weak, is subject to political pressures and suffers from a shortage of human and financial resources.

Even in petty criminal cases, trials fall far short of minimum international standards for fairness. A trial of anyone connected with the crimes against humanity and war crimes that marked the period of Khmer Rouge rule is likely to be subject to even greater pressures.

“The interests of justice and accountability are not served by unfair procedures or selective justice,” Amnesty International said.

A United Nations report by a Group of experts on the possible options for bringing to justice Khmer Rouge cadres responsible for the human rights violations of the 1970sargues strongly against trials in Cambodia under domestic law.

The report states that "the Group is of the opinion that domestic trials organized under Cambodia law are not feasible." Amnesty International agrees that it is not now possible to conduct fair and impartial trials for crimes against humanity or war crimes in Cambodian courts.

"The arrest and detention of Ta Mok should be a catalyst finally to end impunity for all those believed to be responsible for the human rights violations in Cambodia between 1975 and 1979," Amnesty International said.

"It is imperative that the Cambodian authorities and the international community guard against the possibility of selective justice."

The international community and the Cambodian authorities will have to ensure fair and effective means of bringing all those responsible for crimes against humanity and war crimes in Cambodia to justice, whether by an international criminal court, exercise by national courts of universal jurisdiction or some other method.

ENDS.../