More Khmer Rouge Members to be Investigated

The names of the five more Khmer Rouge members whom the international co-prosecutor wants to investigate have not been revealed.

The spokesman for the tribunal, Reach Sambath, explained it was a question of confidentiality. "The international prosecutors think that there is enough evidence to charge more people and they have filed the new cases.”

The five are believed to be lower-level party members. The acting international co-prosecutor, William Smith, thinks that this new set of cases will help implement the principle of accountability for the crimes committed under the Khmer Rouge.

Verdict of Duch’s trial expected early next year

The trial of Kaing Guek Eav, the former chief of the notorious S-21 prison, where political prisoners were interrogated, tortured and executed is already underway.

Also known as Duch, Kaing Guek Eav has accepted responsibility for up to 16,000 deaths at the prison. His trial testimony came to an end earlier this month. The closing arguments are expected in November and the verdict should be issued early next year.

The trials of four more Khmer Rouge leaders are also pending.

Controversy about more indictments

There was some controversy earlier on this year when the former international co-prosecutor proposed more indictments. The Cambodian co-prosecutor did not want to take this path.

She argued that peace, stability and national reconciliation would be compromised and that ex-Khmer Rouge members and those who remain loyal to the leaders could commit violent acts. But earlier this month, the pre-trial chamber decided the case should go on after a vote.

The co-investigating judges will now examine 40 distinct cases of murder, torture, unlawful detention, forced labour and persecution. The court will then have to decide whether to prosecute the further five Khmer Rouge members.

The process is likely to take a long time and this is why Chum Mey, a former inmate of S-21 prison and the president of the Association of Khmer Rouge Victims, is against it.

“I don’t need the court to call more suspects,” he said. “I don’t like it. Trying five people has taken almost 30 years. What if they call more people? How many more years? In how many more centuries will the trial end? I think five people are enough.”

Strengthening the rule of law

Another court observer, the lawyer Sok Sam Oeun, however, says he supports the court decision as it will strengthen the rule of law in Cambodia: “It is the problem of justice. If we make comparisons with other international jurisdictions, this one is fast.”

The Cambodian Prime Minister, Hun Sen, has said he does not want to influence the court but is concerned about national reconciliation and peace. Critics say he is trying to protect former Khmer Rouge members who are now in the government.

But Sam Oeun is not too worried: “What he says is political rhetoric. If we’re concerned that national security is more important, maybe we will not be able to try any more dictators in the future. We cannot use this as an excuse for the ones who have committed crimes like these.”

He is also glad about the fact that the court made its decision to look into five more cases without external political interference.

Author: Sirivaddhana Yinn
Editor: Anne Thomas