|
|
Chronology |
|
|
|
CHRONOLOGY OF THE KHMER ROUGE TRIBUNAL
Compiled from news clips of the Documentation Center of Cambodia
|
|
|
|
April 30, 1994 |
The US Congress passes the
Cambodian Genocide Justice Act,
which states “it is the policy of the United States to support efforts
to bring to justice members of the Khmer Rouge for their crimes against
humanity committed in Cambodia between April 17, 1975, and January 7,
1979.”
|
|
|
|
January 13, 1995 |
The
Documentation Center of Cambodia
(DC-Cam) is officially established pursuant to the Cambodian Genocide
Justice Act, with a two-year, $499,283 grant to the Yale Cambodian
Genocide Program.
(Office
of Cambodian Genocide Investigations, EAP/CGI, Bureau of Asian and
Pacific Affairs, U.S. Department of State, document in the possession of
DC-Cam)
|
|
|
|
September 14, 1996 |
The
Cambodian government grants amnesty to Ieng Sary, former deputy prime
minister of Democratic Kampuchea (DK). The amnesty covered his 1979
conviction (Ieng Sary had been sentenced to death and the confiscation
of his personal property by the People’s Revolutionary Tribunal).
(Royal
Decree, 0996/72)
|
|
|
|
April 11, 1997 |
The UN
Commission on Human Rights adopts Resolution 1997/49. The resolution
requested the Secretary-General, through his special representative, to
examine any request for assistance in responding to past serious
violations of Cambodian and international law.
|
|
|
|
May 12, 1997 |
King
Norodom Sihanouk says he was willing to be judged alongside Khmer Rouge
leaders to answer his critics, who claimed he was partly responsible for
the genocide that took place between 1975 and 1978.
(Cambodia
Times, May 12, 1997)
|
|
|
|
June 11, 1997 |
Former
DK State Presidium Chairman Khieu Samphan announces that senior rebel
Son Sen and his wife Yun Yat were arrested for espionage and treason
against the Khmer Rouge movement. The Khmer Rouge had accused the two of
being spies for Second Prime Minister Hun Sen and the government of
Vietnam.
(The
Cambodia Daily, June 12, 1997)
|
|
|
|
June 15, 1997 |
Son Sen,
Yun Yat [Son Sen’s wife], and eight of their relatives are massacred.
(The
Nation, June 25, 1997)
|
|
|
|
June 21,1997 |
First
Prime Minister Norodom Ranariddh and Second Prime Minister Hun Sen
request the assistance of the UN and international community “in
bringing to justice those persons responsible for the genocide and
crimes against humanity” during the Khmer Rouge regime. The following is
the detailed content of the request for assistance:
Dear Mr. Secretary-General,
On behalf of the Cambodian Government and people, we write to
you to ask for the assistance of the United Nations and the
international community in bringing to justice those persons responsible
for the genocide and crimes against humanity during the rule of the
Khmer Rouge from 1975 to 1979.
The April 1997 resolution on Cambodia of the United Nations
Commission on Human Rights requests: “the Secretary-General, through his
Special Representative, in collaboration with the Centre for Human
Rights, to examine any request by Cambodia for assistance in responding
to past serious violations of Cambodian and international law as a means
of bringing about national reconciliation, strengthening democracy and
addressing the issue of individual accountability.”
Cambodia does not have the resources or expertise to conduct this very
important procedure. Thus, we believe it is necessary to ask for the
assistance of the United Nations. We are aware of similar efforts to
respond to the genocide and crimes against humanity in Rwanda and the
former Yugoslavia, and ask that similar assistance be given to Cambodia.
We believe that crimes of this magnitude are of concern to all
persons in the world, as they greatly diminish respect for the most
basic human right, the right to life. We hope that the United Nations
and international community can assist the Cambodian people in
establishing the truth about this period and bring those responsible to
justice. Only in this way can this tragedy be brought to a full and
final conclusion.
Please, Mr. Secretary-General, accept the assurances of our
highest consideration.
(signed): Prince Norodom Ranariddh
First Prime Minister
(signed): Hun Sen
Second Prime Minister
(http://www.khmerinstitute.org/docs/UNKRreportx.htm)
|
|
|
|
June 23, 1997 |
The
Secretary-General transmits the letter from the two prime ministers to
the presidents of the General Assembly and Security Council.
(A/51/930-S/1997/488
of 24 June 1997)
|
|
|
|
December 12, 1997 |
The UN
General Assembly adopts
Resolution 52/135,
which called on the Secretary-General to examine the request of
Cambodian authorities for assistance in responding to past serious
violations of Cambodian and international law. Below are some parts of
the Resolution:
Desiring
that the tragic history of Cambodia requires special measures to assure
the protection of the human rights of all people in Cambodia and the
non-return to the policies and practices of the past, as stipulated in
the Agreement signed in Paris in 1991;
…
Endorses
the comments of the Special Representative that the most serious human
rights violations in Cambodia in recent history have been committed by
the Khmer Rouge and that their crimes, including the taking and killing
of hostages, have continued to the present; and notes with concern that
no Khmer Rouge leader has been brought to account for these crimes;
Requests
the Secretary-General to examine the request by the Cambodian
authorities for assistance in responding to past serious violations of
Cambodian and international law, including the possibility of the
appointment, by the Secretary-General, of a group of experts to evaluate
the existing evidence and propose further measures, as a means of
bringing about national reconciliation, strengthening democracy and
addressing the issue of individual accountability.
|
|
|
|
April 15, 1998 |
Pol Pot
dies of heart attack at the age of 73 at Anlong Veng near the Thai
border, where he had been detained following his one-day trial on July
25, 1997.
(Bangkok
Post,
April 17, 1998)
|
|
|
|
July 13, 1998 |
Pursuant
to General Assembly Resolution 52/135 of 12 December 1997, the
Secretary-General appoints a three-member Group of Experts for Cambodia
to evaluate the existing evidence, to assess the feasibility of bringing
Khmer Rouge leaders to justice, and to explore options for bringing
Khmer Rouge leaders to justice before an international or national
jurisdiction.
(A/52/1007
of 7 August 1998)
|
|
|
|
July 31, 1998 |
The UN Secretary-General creates the
Group of Experts
consisting of Sir Ninian Stephen
(Australia, chairman), Judge Rajsoommer Lallah (Mauritius), and
Professor Steven Ratner (USA) to assess the feasibility of bringing
Khmer Rouge leaders to justice.
|
|
|
|
November 14, 1998 |
The
Group of Experts visits Cambodia and assessed the evidence held by the
Documentation Center of Cambodia.
(Raksmei
Kampuchea Daily, November 11, 1998)
|
|
|
|
December 26, 1998 |
The
Cambodian government announces the defection to the government of the
two top Khmer Rouge leaders, Nuon Chea and Khieu Samphan.
(The
Cambodia Daily, December 28, 1998)
|
|
|
|
February 4, 1999 |
23
Cambodian families file a complaint in the Belgian court against former
Khmer Rouge leaders Nuon Chea, Khieu Samphan, and Ieng Sary, accusing
them of committing crimes of genocide, crimes against humanity, and war
crimes. The plaintiffs were encouraged to lay charges after
Belgian-based victims of Pinochet successfully applied for an
international arrest warrant for the former Chilean dictator.
(Phnom
Penh Post, February 19 – March 4, 1999)
|
|
|
|
February 5, 1999 |
China voices opposition to the establishment of an international
tribunal for former Khmer Rouge leaders, saying it is an internal matter
for Cambodia. China’s Foreign Minister Tang Jiaxuan said that the trial
of Khmer Rouge leaders in an international court brokered by the UN was
the idea of Western countries, particularly the United States.
(Reported by Rita Patiyasevi and Marisa Chimprabha on February 6,
1999)
|
|
|
|
February 7, 1999 |
Ieng
Thirith, Ieng Sary’s wife and Minister of Social Action and Education
during DK, writes a letter in response to a February 5 article in The
Cambodia Daily entitled “Ieng Sary Warns of New Unrest over KR
Trial.” The article stated that Ieng Thirith is one of the four
surviving Khmer Rouge central committee members living in Pailin.
(Raksmei
Kampuchea Daily, February 11, 1999 &
The
Cambodia Daily,
February 5, 1999)
|
|
|
|
February 12, 1999 |
The Cambodian government incorporates what it calls the last remnants of
the Khmer Rouge into the Royal Cambodian Armed Forces.
|
|
|
|
February 18, 1999 |
The
Report of the Group of Experts for Cambodia Pursuant to General Assembly
Resolution 52/135
is published. The report recommended the creation of an international
tribunal and truth commission to deal with crimes of the Khmer Rouge
period.
|
|
|
|
March 6, 1999 |
Former
Communist Party of Kampuchea Standing Committee Member Chhit Choeun,
alias Mok and Ta Mok, is arrested by the Cambodian army under the 1994
Cambodian law banning the Khmer Rouge.
(Bangkok
Post,
March 7, 1999)
|
|
|
|
March 15, 1999 |
The
Report of the Group of Experts for Cambodia Pursuant to General Assembly
Resolution 52/135
is submitted to both the Security Council and the General Assembly. In
its report, the Group recommended the establishment of an international
tribunal to try the Khmer Rouge officials for crimes against humanity
and genocide committed from 17 April 1975 to 7 January 1979.
(A/53/850-S/1999/23/1)
|
|
|
|
May 5, 1999 |
Kaing
Guek Eav (aka Duch), former Khmer Rouge chief of Tuol Sleng Prison, is
quoted as saying that Nuon Chea ordered him to kill the foreigners at
Tuol Sleng and “burn their bodies with tires to leave no bones.”
(Far
Eastern Economic Review, May 13, 1999)
|
|
|
|
July 29, 1999 |
In a meeting with the Cambodian Permanent Representative, the Office of
Legal Affairs presents the UN proposal on the establishment of a mixed
tribunal for the prosecution of the Khmer Rouge leaders. (A note setting
out the main elements of the mixed tribunal was distributed.)
|
|
|
|
August 12, 1999 |
The
Cambodian National Assembly approves a new law extending the period of
pre-trial detention from six months to three years for people charged
with war crimes, crimes of genocide and crimes against humanity.
(Raksmei
Kampuchea Daily,
August 14, 1999)
|
|
|
|
August 13, 1999 |
A UN human rights official criticizes legislation approved by
the Cambodian National Assembly that allows a three-year pre-trial
detention period for suspects charged with genocide, war crimes and
crimes against humanity. Rosemary McCreery, director of the Cambodia
office of the UN High Commissioner for Human Rights, stated that a
three-year detention period violates international standards of justice.
(The Cambodia Daily,
August
13, 1999)
The Cambodian government says it wants to maintain overall
control of a UN-backed international-style tribunal. Senior Minister Sok
An says the tribunal will take place in Cambodian court, but the
participation of foreign judges and legal experts will be accepted.
(The
Cambodia Daily, August 16, 1999)
|
|
|
|
August 20, 1999
|
The
Royal Government creates its “Task Force for Cooperation with Foreign
Legal Experts and Preparation of the Proceedings for the Trial of Senior
Khmer Rouge Leaders,” of which Sok An was appointed the chairman.
The Task Force commenced its work by drafting the law. This first draft
law was produced in August 1999 and presented to a United Nations
delegation led by H.E. Ralph Zacklin, deputy of Under Secretary-General
Hans Corell, in charge of legal affairs of the United Nations.
The Cambodian Draft Law received legal and other technical contributions
from experts from France, India, Russia and Australia, and the United
States, in addition to input from the United Nations.
The first UN delegation, sent in August 1999, studied the first draft
law and presented its own draft. At that time there was no consensus.
One major difference was that Zacklin wanted foreign judges to hold the
majority, while Cambodia claimed that Cambodian judges must be in the
majority.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
August 25-31, 1999 |
The
first UN mission to
Cambodia
is proposed to conduct negotiations on the legal and practical aspects
of establishing a mixed tribunal under Cambodian law and meeting
international standards of justice; comments on the draft Cambodian law
were submitted.
|
|
|
|
August 31, 1999 |
UN and
Cambodian officials end a week of negotiations without reaching an
agreement on how to set up a genocide tribunal. UN Assistant Secretary
for Legal Affairs Ralph Zacklin said that if the Cambodian government
does not meet conditions that the UN believes necessary for a tribunal,
“The UN will simply cease to follow this process.” The UN delegation
summarized its main message:
...If
the trial of the Khmer Rouge leaders is to meet international standards
of justice, fairness and due process of law, and gain the support and
legitimacy of the international community, it is vital that the
international component of the tribunal be substantial and that it be
seen to be effective on the international as well as the national plane.
This cannot be achieved by merely adding a number of foreign judges to
the composition of the existing court system. Only a special,
sui-generis tribunal, separate from the existing court system, in
which Cambodians and non-Cambodians would serve as judges, prosecutors
and registry staff accomplish this.”
(click
here to get full text) |
|
|
|
September 6, 1999 |
Ta Mok
and Duch are charged with “genocide” under Decree No. 1 issued on August
15, 1979.
(Prosecutor’s
Order No. 044/99, Military Court)
|
|
|
|
September 18, 1999 |
Former
Khmer Rouge leaders Ieng Sary and Nuon Chea, now allies of the Hun Sen
government, issue a statement suggesting the possibility of a return to
civil war if a tribunal is held. The statement also criticized demands
by human rights groups and opposition politicians that Nuon Chea and
Ieng Sary be tried.
|
|
|
|
September 20, 1999 |
While
attending the 54th UN General Assembly, Hun Sen delivers a
document to UN Secretary-General Kofi Annan outlining three options for
UN involvement in a tribunal: 1) provide a legal team and participate in
a tribunal conducted in Cambodia’s existing courts; 2) provide legal
advice without direct participation in the tribunal; 3) withdraw
completely from the proposed tribunal.
(The
Cambodia Daily, September 20, 1999)
|
|
|
|
September 23, 1999 |
Returning from talks with UN Secretary-General Kofi Annan on how to try
Pol Pot’s former henchmen, top government officials vow to proceed with
a trial on their own terms. Instead of assembling an international-style
tribunal proposed by the UN, Cabinet Minister Sok An said the government
will seek advice from independent US and French legal experts to secure
the legitimacy critics say Cambodian courts lack. “We will continue to
work on our own draft,” said Sok An, “I promise to keep [the UN]
informed on our progress.”
(The
Cambodia Daily, September 24, 1999)
|
|
|
|
October 8, 1999 |
The US
State Department drops the Khmer Rouge from their list of terrorist
organizations, because “it no longer exists as a viable terrorist
organization.”
(The
Cambodia Daily,
October 8, 1999)
|
|
|
|
October 19, 1999 |
Hun Sen
endorses a US proposal for a tribunal with three Cambodian judges and
two UN-appointed judges. Decisions would require a “supermajority,” in
which at least one of the UN-appointed judges would have to agree with
any verdict handed down by the tribunal.
(The
Cambodia Daily,
October 20, 1999)
|
|
|
|
December 20, 1999 |
The
Cambodian government sends the UN the draft law outlining how to try
one-time Khmer Rouge leaders in a special session of Phnom Penh court
with a majority of Cambodian judges and a prosecuting team of one
foreign judge and one Cambodian. Cambodia will adopt the law with or
without UN approval, said Prime Minister Hun Sen.
(The
Cambodia Daily,
December 22, 1999)
|
|
|
|
December 23, 1999 |
Sok An
says, “UN Secretary-General Kofi Annan made his comments on the draft,
indicating that the UN chose the second option of our memorandum.” (He
was referring to the three options Hun Sen proposed to Annan in
September 20th.)
|
|
|
|
December 24, 1999 |
The
Cambodian government amends the draft tribunal law so that tribunal
expenses previously to be paid by the UN trust fund would be paid for by
a combination of donations from the UN, NGOs and individual countries,
and would include an effort from the Cambodian government. The amendment
stated that if other countries want to send judges or prosecutors to the
proceedings, those countries must pay their own expenses.
(The
Cambodia Daily,
December 25-26, 1999)
|
|
|
|
December 27, 1999 |
Benson
Samay, Ta Mok’s lawyer, says he plans to issue subpoenas to several
former world leaders, including three former US presidents, in order to
question them on their support of the DK regime from 1975 to 1979. Among
those he planned to subpoena are Jimmy Carter, Ronald Reagan and George
Bush, as well as Margaret Thatcher and Henry Kissinger.
|
|
|
|
December 28, 1999 |
A second
draft tribunal law is sent to the UN Secretariat with another request to
respond promptly.
|
|
|
|
January 5, 2000 |
UN Legal
Counsel Hans Corell meets with Ambassador Ouch Borith, the permanent
representative of Cambodia to the UN, to hand over the UN’s comments on
the second draft law concerning the tribunal.
(The
Associated Press,
January 6, 2000)
|
|
|
|
January 6, 2000 |
The
Cambodian Cabinet approves the draft law to try surviving Khmer Rouge
leaders for genocide, despite lingering UN concerns over the limits
placed on international jurists.
(South
China Morning Post,
January 7, 2000)
|
|
|
|
January 14, 2000 |
The
Cambodian Cabinet amends the draft tribunal law to allow for the
participation of one foreign judge in the investigation process.
|
|
|
|
January 18, 2000 |
The UN
receives the translation of the amended draft law for a Khmer Rouge
tribunal.
|
|
|
|
January 19, 2000 |
Sok An
tells reporters that he submitted the draft tribunal law to Prince
Norodom Ranariddh for debate in the Cambodian National Assembly.
(Kyodo,
January 19, 2000)
|
|
|
|
January 27, 2000 |
Cambodia’s first public forum for discussion of a Khmer Rouge tribunal
is held in the northwestern town of Battambang. About 100 people,
including former mid-ranking Khmer Rouge officials, attended the talk.
(Reuters,
January 27, 2000)
|
|
|
|
February 4, 2000 |
Former
top Khmer Rouge leader Khieu Samphan says he is willing to come forward
and speak out in a public forum.
(Phnom
Penh Post, February 4-17, 2000)
|
|
|
|
February 8, 2000 |
Prime Minister Hun Sen gives the strongest signal yet he is not
prepared to surrender control of a Khmer Rouge trial to the United
Nations, dimming hopes of an international genocide tribunal. Speaking
to reporters after a closed-door party meeting, Hun Sen blasted UN
demands for an international “killing fields” trial as hypocrisy, and
urged the world to pay more attention to Cambodia’s appalling poverty
instead. “I have a strongest message: the world should pay attention to
peace, national reconciliation, national unity, economic development and
reducing poverty rather than the Khmer Rouge trial,” said the prime
minister.
(AFP, February 9, 2000)
Kofi Annan says that he does not agree with the draft tribunal
law approved by the Cambodian government. He identified four fundamental
issues: guarantees that those indicted would be arrested; no amnesties
or pardons; the appointment of independent, international prosecutors;
and the appointment of a majority of foreign judges.
(Kyodo
News Agency,
February 10, 2000)
|
|
|
|
February 10, 2000 |
Hun Sen
rejects Kofi Annan’s response on Cambodia’s draft law on Khmer Rouge
trials, saying it was unfair to Cambodia. In a letter to the
Secretary-General, the prime minister stated that he did not welcome the
gap in the positions between the UN and Cambodia, in particular, in the
light of the positions taken by other Member States.
(Xinhua,
February 10, 2000)
|
|
|
|
February 12, 2000 |
On the
sidelines of a UN trade conference in Bangkok, Kofi Annan says he is
optimistic that a new UN mission to Cambodia will resolve differences
with the government over establishing a tribunal.
(AFP,
February 11, 2000)
|
|
|
|
February 14, 2000 |
Former
US Secretary of State Henry Kissinger scoffs at suggestions that he
should testify for the defense in a Khmer Rouge genocide trial, saying
his Cold War policies sought to stop the Cambodian guerrillas. “I would
be a much better witness for the prosecution than I would be for the
defense,” Kissinger says. “And I believe all the people in this region
who know anything about Cambodia would support this.”
(Associated Press,
February 14, 2000)
|
|
|
|
March 6, 2000 |
Hun Sen
criticizes the UN saying that three former UN Secretaries General should
be held accountable for the Khmer Rouge’s occupation of Cambodia’s UN
seat during the late 1970s and 1980s. Prince Ranariddh told reporters
that he understood the “reality” of Hun Sen’s position, but that he and
his father, King Sihanouk, hoped a compromise could be reached.
|
|
|
|
March 16, 2000 |
UN and
Cambodian negotiators hold their first meeting in the latest round of
negotiations to discuss outstanding differences on the format of a Khmer
Rouge tribunal. Four critical issues were on the table: who will name
the suspects in the trial, whether the Cambodian government will arrest
all suspects, whether lingering government deals with the Khmer Rouge
will protect some former rebels from being prosecuted, and how the
trial’s foreign and Cambodian judges will be appointed.
(The
Cambodia Daily, March 16, 2000)
|
|
|
|
March 21, 2000 |
Letters
are exchanged between UN Under-Secretary General for Legal Affairs Hans
Corell and Sok An on the questions of amnesty, co-prosecutors and their
power to act independently in case of disagreement; the question of the
dispute-settlement mechanism was still pending.
|
|
|
|
March 22, 2000 |
Following a week of negotiations, Cambodia and the UN announce that they
failed to reach agreement on how to convene a joint tribunal of Khmer
Rouge leaders.
|
|
|
|
April 10, 2000 |
King
Sihanouk declares he is willing to face either a Cambodian-run or
international genocide tribunal to explain his role during the DK
regime.
(The
Nation,
April 11, 2000)
|
|
|
|
April 19, 2000 |
Annan
writes to Hun Sen in response to the Cambodian leader’s expressed
backing of a US plan to resolve the sensitive issue of how to handle
indictments in the proposed joint tribunal. “I have not examined it
yet,” Cambodian chief negotiator Sok An said of Annan’s letter. “Only
thoroughly examining it will give comments and elaboration on the
process.” Annan told reporters at UN headquarters, “There have been
several proposals put on the table to break the one impasse we have –
the impasse on how you handle a situation where one of the prosecutors
disagrees with the other” and how an effective review mechanism could
work.
(The
Cambodia Daily,
April 22-23, 2000)
|
|
|
|
April 22, 2000 |
Hun Sen
responds to the Secretary-General’s letter of 19 April in which he
stated that the exchange of letters between the UN and Cambodia could
not be executed before the Law is adopted. He proposed a “special
chamber” formula to settle disagreements between the co-prosecutors.
|
|
|
|
April 25, 2000 |
Annan
sends a second letter to Hun Sen in response to his letter of 22 April
urging him to accept the UN proposal.
|
|
|
|
April 27, 2000 |
Hun Sen
responds to Annan’s April 25 letter requesting an extension of the
temporal jurisdiction of the Extraordinary Chambers to begin in 1970.
|
|
|
|
Apri1 29, 2000 |
Hun Sen agrees to accept a proposal put forward by US Senator John
Kerry. Under the proposal, a panel of judges — three Cambodian and two
foreign—would rule on disputes regarding indictments. Four judges would
need to be in agreement to block a case from proceeding.
|
|
|
|
May 17, 2000 |
Annan
writes to Hun Sen seeking confirmation that Hun Sen accepts, through
Senator Kerry, the proposal made in the Secretary-General’s letter of
April 19 regarding the mechanism to resolve any differences between the
co-investigating judges and the co-prosecutors, and that the temporal
jurisdiction of the Extraordinary Chambers be limited to 1975-1979.
|
|
|
|
May 19, 2000 |
Hun Sen
sends a letter to Kofi Annan expressing his support for the compromise
formula brokered by Kerry in April to try Khmer Rouge leaders.
(Raksmei
Kampuchea Daily,
May 26, 2000)
|
|
|
|
July 6, 2000 |
The UN
and Cambodian government finalize the details of a draft accord for the
tribunal. The envisaged tribunal would be a Cambodian court with the
participation of international judges and prosecutors.
|
|
|
|
July 7, 2000 |
Hans
Corell presents a draft Memorandum of Understanding that would govern
cooperation between the UN and Cambodia on the establishment and
operation of a tribunal. The Memorandum was to be signed by the UN and
Cambodia after the Cambodian parliament passed the tribunal into law.
Corell and Om Yintieng, a top advisor to Hun Sen, toured the Chaktomok
Theater, a possible venue for the tribunal, before the UN legal team
leaft Cambodia.
|
|
|
|
September 24, 2000 |
Hun Sen
indicates that former Khmer Rouge Foreign Minister Ieng Sary should not
be brought to trial on charges of genocide. (In 1979, Ieng Sary was
sentenced to death in absentia along with Pol Pot, but was granted
amnesty by King Sihanouk after he defected to the government in 1996.)
He added that it would be up to the courts and the National Assembly,
which was considering a draft law on a Khmer Rouge tribunal, on what to
do with Ieng Sary.
(The
Cambodia Daily, September 25, 2000)
|
|
|
|
October 17, 2000 |
Prince Ranariddh tells reporters that King Sihanouk had
expressed a wish to see the tribunal delayed because he was concerned
about peace and stability in the country. The prince also said that the
draft bill on the tribunal was not likely to be adopted this year
because the government was more concerned about the recent floods.
|
|
|
|
October 18, 2000 |
Hun Sen
announces on national radio his intention to push the tribunal law
forward. He stated, “We need to have a court soon or the ghosts of the
Khmer Rouge will haunt us.”
(The
Associated Press, October 18, 2000)
|
|
|
|
November 2, 2000 |
Eleven
nations including Japan, Australia, Canada and New Zealand, submit a
resolution to the UN Human Rights Commission requesting the Cambodian
government to set up a court to try the Khmer Rouge.
|
|
|
|
November 20, 2000 |
According to newspaper reports, US Senator John Kerry’s one-day visit to
Cambodia may have revived government efforts toward the formation of the
Extraordinary Chambers. Kerry left with firm promises from Sok An, Hun
Sen and Prince Ranariddh that the tribunal process would move forward
following a schedule that could allow the National Assembly to pass the
law in December.
(Phnom
Penh Post,
November 24-December 7, 2000)
|
|
|
|
November 28, 2000 |
The
Legislative Committee of the Cambodian Parliament and the Government
Task Force conclude their discussions on the tribunal draft law. The law
was then ready to be debated by the National Assembly.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
November 28, 2000 |
In an
interview with Japanese television, Hun Sen reaffirms that trying Ieng
Sary may create problems for Cambodia. However, he stated, “Touching
Khieu Samphan and Nuon Chea would be no problem.”
(Associated Press,
December 3, 2000)
|
|
|
|
December 4, 2000 |
UNGA
A/RES/55/95
Paragraph 18: Welcomes the successful conclusion of the talks
between the Government of Cambodia and the United Nations Secretariat on
the question of the trial of the Khmer Rouge leaders who are most
responsible for the most serious violations of human rights, appeals
strongly to the Government to ensure, including by facilitating the
expedited completion of the necessary legislative process as soon as
possible, that those Khmer Rouge leaders are brought to account in
accordance with international standards of justice, fairness and due
process of law, encourages the Government to continue to cooperate with
the United Nations on this issue, and welcomes the efforts of the
Secretariat and the international community in assisting the Government
to this end;
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
December 19, 2000 |
Ieng
Sary informs the media that he has been contributing to national
rebuilding and reconciliation since his defection in September 1996. He
also said that he was only in charge of foreign affairs during DK and
was not responsible for the genocide.
|
|
|
|
December 29, 2000 |
The
Cambodian National Assembly receives the tribunal draft bill from the
government Task Force. All 98 of the 122 Assembly members present voted
for the first chapter of Khmer Rouge tribunal law. The law was expected
to be passed in full in early January.
(The
Cambodia Daily, December 30-31, 2000)
|
|
|
|
January 2, 2001 |
The
Cambodian National Assembly unanimously approves the draft law to
establish the Extraordinary Chambers to try the Khmer Rouge leaders.
(Washington Post,
January 3, 2001)
|
|
|
|
January 3, 2001 |
The
United States welcomes steps by Cambodia’s National Assembly to
establish means to investigate and prosecute senior Khmer Rouge leaders
for crimes committed during 1975-79.
(South
China Morning Post,
January
3, 2001)
|
|
|
|
January 9, 2001 |
Hans
Corell dispatches a letter to the Cambodian government expressing his
disapproval of the approved draft law. The UN proposed changes to 18 of
the 49 articles of the draft law. Corell also stated that the draft law
lacked a provision to ensure adequate UN oversight guaranteeing that
prosecutors have authority to pursue suspects who are under amnesty.
|
|
|
|
January 9, 2001 |
An
unofficial translation of the Law as adopted by the National Assembly on
January 2, 2001 is received from the UN Human Rights Office in Phnom
Penh. In a letter of January 9, 2001, Corell raised concerns with regard
to some of its provisions.
|
|
|
|
January 15, 2001 |
The
Cambodian Senate unanimously approves the draft tribunal law.
(The
Cambodia Daily, January 16, 2001)
|
|
|
|
January 19, 2001 |
Hun Sen
announces that Khieu Samphan, who was DK head of state from April 1976
to January 1979, had sent him a message saying that he was willing to
face the tribunal if necessary.
(Raksmei
Kampuchea,
January 21, 2001)
|
|
|
|
February 9, 2001 |
Corell requests an official translation of the adopted law.
|
|
|
|
February 12, 2001 |
The
Constitutional Council approves the draft law. Yong Sem, a member of the
Council, concluded that the law is “legitimate under constitutional
law.” However, the Council noted a technical discrepancy in Article 3 of
the draft law, which proposed the death penalty as the maximum
punishment. Since the death penalty had been abolished under the current
Cambodian Constitution, the Council announced it would send the draft
law back to Parliament for amendment.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
February 23, 2001 |
Hun Sen
announces that the draft law must go back to the drafting stage and be
debated by Parliament again due to the technical discrepancy identified
by the Constitutional Council, which cited a technical error in the
legislation that made reference to the 1956 penal code, which contains
the death penalty. The fact that the law had to go through the National
Assembly for the second time disappointed the UN. “It seems like we are
now starting at the bottom of the ladder again,” UN spokesman Fred
Eckard told reporters in New York.
(The
Cambodia Daily, February 26, 2001)
|
|
|
|
April 25, 2001 |
Hun Sen says he wants to keep the bones of Khmer Rouge victims
as evidence for a planned trial of Khmer Rouge leaders, after which the
fate of the remains could be decided by a public referendum. The prime
minister also said that the law would be debated a second time by the
Council of Ministers before June, after which the law would be passed on
to the National Assembly.
(The Cambodia Daily, April 26, 2001)
The UN
Human Rights Commission adopts a resolution sponsored by Japan urging
the Cambodian government to set up a genocide tribunal as soon as
possible.
|
|
|
|
May 18, 2001 |
Hun Sen
denies accusations by reporters that China is pressuring the Cambodian
government over the issue of the tribunal. Instead, he said, “the people
who put pressure on me have been [UN Secretary-General] Kofi Annan and
[Chief UN Legal Officer] Hans Corell and Americans like [US senator]
John Kerry.”
(Far
Eastern Economics Review, May 24, 2001)
|
|
|
|
May 21, 2001 |
Kofi
Annan urges the Cambodian government to expedite the tribunal law. Annan
told reporters that his office had not heard anything from the Cambodian
government about the tribunal for about six months.
|
|
|
|
June 1, 2001 |
Hun Sen
pledges that he will ratify the Rome Statute of the International
Criminal Court. If approved by the Parliament, Cambodia would be the
first country in the Association of Southeast Asian Nations to ratify
the statute. The Prime Minister stated, “Cambodia will benefit the most
because of its incomparable experience of genocide in recent years.”
|
|
|
|
June 4, 2001 |
DC-Cam
Director Youk Chhang asks Thammasat University to hand over the records
of Nuon Chea, who studied law at the university on an academic
scholarship in the 1940s and later worked for a time in the Thai Foreign
Ministry, saying they may contain vital evidence for the Khmer Rouge
tribunal.
(Bangkok
Post,
June 5, 2001)
|
|
|
|
June 8, 2001 |
In a
letter to Sok An, Corell reiterates the needs for an official
translation of the law and consistency between the two instruments.
|
|
|
|
June 12, 2001 |
Hun Sen
announces to international donors at the two-day Consultative Group
Meeting held in Tokyo that Cambodia planned to enact the tribunal bill
soon. The prime minister said that he had deep respect for justice, and
that a Khmer Rouge tribunal could begin by the end of the year.
(The
Cambodia Daily,
June 15, 2001)
|
|
|
|
June 17, 2001 |
Former
Khmer Rouge chief ideologist and Brother Number Two, Nuon Chea, says he
will face the court and would accept its legitimacy. However, Nuon Chea
insisted he had no knowledge of the killings until after his defection
to the government in December 1998.
(The
Cambodia Daily, June 19, 2001)
|
|
|
|
June 22, 2001 |
The
Cambodian government amends the tribunal draft law, replacing the death
penalty with life in prison as the maximum punishment. Hun Sen also
expressed optimism that the tribunal could take place by the end of this
year.
(The
Cambodia Daily,
June 23-24, 2001)
|
|
|
|
June 22, 2001 |
UN High
Commissioner for Human Rights’ special representative for Cambodia,
Peter Leuprecht, says Ieng Sary should be tried for crimes committed
during 1975-79, and that if the trial is limited to Ta Mok and Duch, it
would not be sufficient.
(The
Cambodia Daily,
June 25, 2001)
|
|
|
|
June 27, 2001 |
In
response to recent media statements that a tribunal could start this
year, the UN issues a press release stating that no internationally
recognized trials could start until the Memorandum of Understanding
between the UN and Cambodia was signed and ratified.
(Bangkok
Post, August 5, 2001)
|
|
|
|
June 28, 2001 |
Sihanouk
assures the UN’s Peter Leuprecht that he would sign into law a bill to
set up a UN-assisted tribunal to bring Khmer Rouge leaders to justice.
|
|
|
|
June 29, 2001 |
Hun Sen
says that if the UN is unhappy about the bill, it can withdraw from the
tribunal. “If you don’t join, it’s better for me. I am going to
implement an agreement between the government and you,” he stated.
(The
Cambodia Daily, June 30-July 1, 2001)
|
|
|
|
June 30, 2001 |
Ranariddh reiterates Hun Sen’s position that Cambodia will not bow to UN
demands regarding the tribunal bill. He stressed that “Cambodia will
have no further negotiation” and “whether the UN accepts this law or not
is their problem.”
(Reuters,
June 30, 2001)
|
|
|
|
July 2, 2001 |
In his
letter to Corell, Sok An states his understanding of the relationship
between the Law and the Agreement. While accepting the principle that
they should be in conformity with each other, he rejected the notion of
“imposition.”
|
|
|
|
July 6, 2001 |
In his
response, Corell reiterates the need for consistency between the two
documents.
|
|
|
|
July 11, 2001 |
The
National Assembly approves legislation to establish a tribunal for Khmer
Rouge leaders. After the approval, Sok An told reporters that he and
Hans Corell “will continue to negotiate more after the law comes into
effect.”
|
|
|
|
July 12, 2001 |
Sihanouk
announces that he will not involve himself with the tribunal process,
especially over the issue of “whether to try Ieng Sary, Noun Chea and
Khieu Samphan.”
(The
Cambodia Daily,
July 13, 2001)
|
|
|
|
July 13, 2001 |
The
Cambodian Senate receives the revised Khmer Rouge tribunal legislation.
|
|
|
|
July 16, 2001 |
The War
Crimes Research Office at American University releases a report by
Stephen Heder and Brian Tittemore outlining charges and available
evidence related to the possible prosecution of seven living leaders of
the Khmer Rouge. The leaders examined in the report are Nuon Chea, Ieng
Sary, Khieu Samphan, Ta Mok, Kae Pauk, Sou Met, and Meah Mut.
|
|
|
|
July 18, 2001 |
Hun Sen
announces that the indictment of Khmer Rouge leaders is a decision to be
made by the court, and not by scholars. The prime minister characterized
the findings as foreign interference in Cambodia’s legal system.
(Associated Press,
July 18, 2001)
|
|
|
|
July 23, 2001 |
The
Cambodian Senate unanimously approves the new tribunal legislation.
After the vote, Sok An told reporters he was optimistic that Cambodia
and the UN would reach a resolution and that, “the date of the trial now
depends on these negotiations.”
(Reuters,
July 24, 2001)
|
|
|
|
July 30, 2001 |
Hun Sen
says in a speech at a teacher’s college that the “government has not yet
ordered the arrests of Khieu Samphan, Nuon Chea or Ke Pauk,” suggesting
that the arrests need to be balanced with peace and national
reconciliation.
(AFP,
July 31, 2001)
|
|
|
|
August 1, 2001 |
Sok An
indicates that the Cambodian government was still seeking the UN’s
participation in a genocide tribunal. In a speech given in his home of
Takeo province, he said, “we need a partnership between the Cambodian
government and the United Nations in the process of the trials of the
Khmer Rouge leaders.”
(Deutsche
Presse-Agentur, August 2, 2001)
|
|
|
|
August 7, 2001 |
The
Constitutional Council approves the second draft of a law that would
establish a tribunal for leaders of the Khmer Rouge regime.
(The
Cambodia Daily, August 8, 2001)
|
|
|
|
August 10, 2001 |
King
Sihanouk signs landmark legislation “on the Establishment of
Extraordinary Chambers in the Courts of Cambodia for Prosecuting Crimes
Committed during the Period of Democratic Kampuchea—April 17, 1975 to
January 6, 1979.”
(Associated Press,
August 10, 2001)
|
|
|
|
August 14, 2001 |
Hun Sen
says at an inauguration ceremony, which included some of the country’s
former Khmer Rouge military commanders, that at least the ten top
leaders of the Khmer Rouge would be tried at the proposed tribunal, and
that lower- and mid-level cadres would not be among the dozen leaders to
be tried for crimes against humanity: “Don’t be afraid. Don’t run into
the jungle. This trial is just for some top Khmer Rouge leaders.”
(The
Voice of Cambodia, August 14, 2001)
|
|
|
|
August 16, 2001 |
US
Ambassador Kent Wiedemann states that the government had given a clear
written promise that Ieng Sary can be brought before a Khmer Rouge
tribunal and that the US would withdraw its support for the tribunal if
Ieng Sary was not tried.
(The
Cambodia Daily,
August 17, 2001)
|
|
|
|
August 18, 2001 |
Sok An
submits to the UN the Law on the Establishment of the Extraordinary
Chambers, as adopted on August 10, 2001, in its Khmer version, with a
note that the unofficial translation of the Law in both English and
French is being finalized.
|
|
|
|
August 20, 2001 |
Hun Sen
states that Khieu Samphan could not avoid facing trial despite his
denial of involvement in genocide. Prompted by Cambodia’s passage of the
tribunal law, a copy of which was sent to the UN in New York, Khieu
Samphan denied he ordered killings during DK.
(South
China Morning Post, August 21, 2001)
|
|
|
|
August 30, 2001 |
The UN
receives the official translations from Khmer to English and French
under cover of a letter from Sok An to the UN’s Hans Corell.
|
|
|
|
August 30, 2001 |
Two US
senators recommend that the UN not take part in a proposed trial of
former Khmer Rouge leaders if the Cambodian government refused to allow
safeguards ensuring high legal standards.
(The
Cambodia Daily,
September 8-9, 2001)
|
|
|
|
August 31, 2001 |
The
Cambodian military says it removed tanks and artillery from a former
Khmer Rouge stronghold, but denies the move was to avoid violence ahead
of planned genocide trials.
|
|
|
|
September 13, 2001 |
Ke Pauk,
former Khmer Rouge deputy military commander, denies any involvement in
the atrocities that claimed the lives of more than 1 million Cambodians,
saying he was a very small member and standing in a very small part of
the country. He also denied rumors that he was seeking a visa to travel
to China.
(The
Cambodia Daily,
September 13, 2001)
|
|
|
|
October 2, 2001 |
Sok An
extends an invitation to Hans Corell to come to Cambodia to finalize the
Articles of Cooperation.
|
|
|
|
October 8, 2001 |
Hun Sen
tells US Ambassador Kent Wiedemann he is “anxious to go to trial” using
legislation approved by the government and signed by King Sihanouk in
August. The Cambodian government sent an invitation to the UN to
continue discussions on the tribunal, pushing ahead the final process of
setting up trials.
(The
Cambodia Daily,
October 10, 2001)
|
|
|
|
October 10, 2001 |
In an
October 10 letter to Sok An, Hans Corell states that for the UN a number
of issues of concern remained. Principal among them was which document –
the Law or agreement between the government and the UN – would govern
the conduct of the Extraordinary Chambers in the event of a disagreement
between the two documents.
(Briefing
by Hans Corell, February 8, 2002)
|
|
|
|
October 15, 2001 |
The
United Kingdom donates $500,000 to the UN to help fund the trials of
Khmer Rouge leaders in Cambodia, becoming the first country to
officially offer financial assistance to the proposed tribunal. “At the
moment, the British government has placed half a million dollars with
the UN in New York to provide for a Khmer Rouge trial process in
Cambodia,” said British Ambassador Stephen Bridges.
(United
Nations Foundation, UN Wire,
October 15, 2001)
|
|
|
|
November 2, 2001 |
Japan plans to nominate Kuniji Shibahara, a professor of law at
Gakushuin University, to serve as a judge at a tribunal.
(The
Japan Times Online,
November 3, 2001)
|
|
|
|
November 23, 2001 |
In a letter to Hans Corell, Sok An states, “While the Articles
of Cooperation may clarify certain nuances in the Law, and elaborate
certain details, it is not possible for them to modify, let alone
prevail over, a law that has just been promulgated.”
Sok An
acknowledges receipt of the letter and revised draft Agreement, stating
that his response is still partial; he raised in this connection an
objection to the primacy of the Agreement over the Law.
|
|
|
|
November 25, 2001 |
Negotiations between Cambodia and the UN on setting up the
tribunal stall over which language to use as the official one.
(Cambodia Today, Phnom Penh,
November 26, 2001)
|
|
|
|
December 14, 2001 |
The
Royal Government of Cambodia issues a circular on the preparation of
remains of the victims of the DK genocide (1975-1978) and preparation of
Anlong Veng to become a region for historical tourism.
|
|
|
|
December 18, 2001 |
In a
letter to Sok An, Corell indicates that a comprehensive response will be
sent once the Cambodian team completes its review of the UN comments.
|
|
|
|
December 19, 2001 |
United
States Conference Report on H.R.2506, Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002
(December 19, 2001) “conditions assistance to any Khmer Rouge tribunal
established by the Government of Cambodia on a determination and
clarification to congress that the tribunal is capable of delivering
justice for crimes against humanity in an impartial and credible
manner.”
-----
UNGA A/RES/56/169
Section IV: Khmer Rouge tribunal
Paragraph 2: Welcomes the promulgation of the Law on the
Establishment of Extraordinary Chambers in the Courts of Cambodia for
the Prosecution of Crimes Committed during the Period of Democratic
Kampuchea, noting with appreciation the general provisions and
competence of the Law and its provision for a role for the United
Nations, appeals to the Government of Cambodia to ensure that the senior
leaders of Democratic Kampuchea and those who were most responsible for
the crimes and serious violations of Cambodian penal law, international
humanitarian law and custom and international conventions recognized by
Cambodia are brought to trial in accordance with international standards
of justice, fairness and due process of law, encourages the Government
to continue to cooperate with the United Nations on this issue, welcomes
the efforts of the Secretariat and the international community in
assisting the Government to this end, urges the Government and the
United Nations to conclude an agreement without delay so that the
Extraordinary Chambers can start to function promptly, and appeals to
the international community to provide assistance in this regard,
including financial and personnel support to the Chambers;
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
January 21, 2002 |
Foreign
Minister Hor Nam Hong expresses pessimism about the tribunal, reasoning,
“Due to the UN bureaucracy, there will be no hope that the trial of the
Khmer Rouge leaders will be in process soon, and that the Khmer Rouge
leaders might die before an agreement between the UN and the government
of Cambodia is reached on the establishment of the Khmer Rouge
tribunal.”
(Raksmei
Kampuchea Newspaper,
January 25, 2002)
|
|
|
|
January 22, 2002 |
Sok An
faxes a three-page letter to the UN “to eliminate suspicion and express
clearly” the government’s position on the make-up of the tribunal.
(The
Cambodia Daily,
January 23, 2002)
|
|
|
|
February 8, 2002 |
The
Secretary-General instructs his legal counsel, Hans Corell, to deliver a
letter to the Cambodian government informing them that the UN will no
longer negotiate with the government on establishing a special court to
try Khmer Rouge leaders. In a daily press briefing, Corell stated, “At
the instruction of the Secretary-General of the United Nations, the
United Nations will no longer continue negotiations with the Royal
Government of Cambodia towards the establishment of the Extraordinary
Chambers in the Courts of Cambodia for the Prosecution of Crimes
Committed During the Period of Democratic Kampuchea.”
(The
Cambodia Daily,
February 8, 2002)
|
|
|
|
February 10, 2002 |
Sok An
says the Cambodian government regrets the UN decision announced on
February 8. “The Cambodian government is keeping its door open for
further negotiations. We have not closed the door like Mr. Corell did.”
(The
Cambodia Today,
February 10, 2002)
|
|
|
|
February 11, 2002 |
An Amnesty International press release states: “The
announcement that the United Nations is pulling out of its cooperation
with Cambodian authorities to bring suspected perpetrators of gross
human rights violations from the Khmer Rouge era to justice came as no
surprise. The net result of these years of work is that Cambodian people
are still no closer to achieving justice, and that is the real tragedy.”
Hun Sen calls on the UN to reconsider its withdrawal from talks
on bringing former Khmer Rouge leaders to trial, urging the world body
not to “fall into the wrong path again” with the country’s former
rulers. He told reporters that Cambodia could wait “two or three more
months” for the UN to change its mind, but said his government will not
wait indefinitely.
(CNN.com./WORLD,
February 11, 2002)
|
|
|
|
February 12, 2002 |
In a statement in response to the UN’s announced pullout from
tribunal negotiations, Sok An says: “The Royal Government of Cambodia
remains committed to seeking justice for the crimes perpetrated by the
Khmer Rouge, on behalf of the Cambodian people and of humanity as a
whole. We believe that the Law promulgated on 10 August 2001 provides a
sound foundation for such a process based within the Courts of Cambodia
with international participation and meeting internationally accepted
standards, and we earnestly hope that the United Nations will be a part
of this process.”
The United States encourages the UN not to abandon efforts to
participate in the tribunal.
(Wire-News from the AP,
February 12, 2002)
Sok An writes to Hans Corell expressing dismay at the
announcement of UN withdrawal from the negotiations, and the earnest
hope that the UN will return to task of finalizing the Article of
Cooperation and establishing the Extraordinary Chambers.
(Phnom
Penh Post, February 15-28, 2002)
|
|
|
|
February 14, 2002 |
Lawyers
seek Ta Mok’s release after the UN drops out of the Khmer Rouge trial
process. Ta Mok, 75, was jailed in 1999 in Phnom Penh pending trial for
his role in the 1975-79 regime. Under Cambodian law, Ta Mok must be
formally charged or freed by March 6.
(Reuters,
February 15, 2002)
|
|
|
|
February 15, 2002 |
Khmer
Rouge Brigadier General Ke Pauk, 68, dies of natural causes. Suffering
from high blood pressure and diabetes, he went to Thailand for medical
treatment in January, suffered a stroke and returned to Anlong Veng in
northern Cambodia, where he died.
(Reuters,
February 16, 2002)
|
|
|
|
February 20, 2002 |
The European Union urges the UN not to give up on negotiations
with Cambodia over establishing the tribunal.
(Reuters, February 21, 2002)
Fourteen Sam Rainsy Party parliamentarians ask Hun Sen and two
other top government officials to appear at the National Assembly to
explain why negotiations with the UN over the tribunal had apparently
failed.
(The
Cambodia Daily,
February 22, 2002)
|
|
|
|
April 26, 2002
|
UN
Commission on Human Rights E/CN.4/2002/89
Paragraph 18: Appeals to the Government of Cambodia to ensure
that the senior leaders of Democratic Kampuchea and those who were most
responsible for the crimes and serious violations of Cambodian penal
law, international humanitarian law and custom, and international
conventions recognized by Cambodia are brought to trial in accordance
with international standards of justice, fairness and due process of
law, in this connection recognizes the need for the Government of
Cambodia and the United Nations to cooperate, appeals to the parties to
resume discussions on the establishment of a tribunal for such a purpose
and also appeals to the international community to provide assistance in
this regard;
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
March 13, 2002 |
Kofi
Annan says Cambodia must change its position if it wants the UN to help
set up a war crimes tribunal for Khmer Rouge leaders. “About a dozen
ambassadors came to see me on this issue, and they felt that we should
reconsider. I advised them that I thought it would be more effective if
they undertook a démarche in Phnom Penh and persuaded Prime
Minister Hun Sen to change his position and attitude, and to send them a
clear message that he is interested in a credible tribunal which meets
international standards—that they needed to start there.”
(United
Nations SG/SM/8160, 13 March 2002—Transcript of Press Conference by
Secretary-General Kofi Annan at Headquarters)
|
|
|
|
March 15, 2002 |
The
Royal Government of Cambodia Task Force on the Khmer Rouge Trial states
that the UN Secretary-General’s March 13, 2002 statement reflects
misunderstandings of the Cambodian government position. “The Khmer Rouge
Law, which was itself the product of those negotiations, provides checks
and balances between the numbers and decision-making powers of the
Cambodian and foreign judges, investigating judges and prosecutors; and
provides specific guarantees of legal rights for defendants. Cambodia
has expressed its willingness to spell out these rights in even more
detail in the Articles of Cooperation. The UN has not identified any
violations of internationally accepted standards in the Cambodian Khmer
Rouge Law, and has not responded to the letter from the Royal Government
of Cambodia dated 22 January 2002 in which a detailed response was given
to the 11 points raised by His Excellency Hans Corell.”
(Statement from the Royal Government of Cambodia Task Force on the Khmer
Rouge Trial, Phnom Penh, March
15, 2002)
|
|
|
|
March 20, 2002 |
Hun Sen
says the UN has three months to re-enter talks with Cambodia to set up a
trial of surviving Khmer Rouge leaders. He stated that if further talks
do not materialize by the deadline, Cambodia will consider other options
to bring justice for the 1.7 million people who died under the brutal
ultra-Maoist regime—a foreign-assisted trial or a Cambodia-only
tribunal. “I wish to declare again that the door is still open for three
more months. Our patience is limited. We do not want anyone to walk out.
We want them to participate.”
(Cambodia
Today, March 20, 2002)
|
|
|
|
April 9, 2002 |
New Delhi
pledges support for continuation of the mixed Khmer Rouge trial if the
UN permanently withdraws. On a visit to Cambodia, Indian Prime Minister
Atal Bihari Vajpayee pledged India would send a judge for the trials if
the UN maintained its decision to pull out.
(The
Cambodia Daily, April 10, 2002)
|
|
|
|
July 2, 2002 |
Hun Sen
indicates his willingness to compromise in order to restart the stalled
negotiations. He offered to amend the government’s tribunal law.
(The
Cambodia Daily,
July 4, 2002)
|
|
|
|
July 3, 2002 |
UN Human Rights Envoy Peter Leuprecht expresses hope that the
stalled tribunal will go forward and says that a number of “friendly”
countries continue to try to get the UN and the government together to
further discuss a joint trial.
(The Cambodia Daily, May 4, 2002)
The UN rejects Cambodia’s call to revive stalled plans for the
tribunal, saying it needs more assurances that Cambodia would conduct a
fair trial of the leaders of the “killing fields.”
(Reuters,
July 4, 2002)
|
|
|
|
July 12, 2002
|
A letter
from Kofi Annan to Hun Sen states that the 8 February decision to end
negotiations was “based on the fact that the good offices I had offered
did not come to fruition” and that “... in order for me to engage in any
further negotiations, I need a clear mandate from the General Assembly
or the Security Council. If such a mandate were given, I would be
prepared to engage in further talks with the Government of Cambodia in
order to fulfill the mandate.”
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
August 18, 2002 |
A letter
from Hun Sen to Kofi Annan states: “we look forward to the swift
conclusion of such preliminaries as you deem necessary for the United
Nations to return to the table so that we may conclude our negotiations
with an agreement that satisfies both parties, and then move on to the
actual establishment of the Extraordinary Chambers.”
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
August 20, 2002 |
Annan
tells Cambodia he will resume talks on genocide trials if UN Member
States want him to do so. He wrote to Hun Sen, saying that in order for
him to engage in further negotiations, he needed “a clear mandate from
either the General Assembly or the Security Council.”
(Reuters,
August 21, 2002)
|
|
|
|
August 27, 2002 |
“A
meeting in New York, called by Japan, held at the Japanese Mission,
attended by interested states, as follows: France, United Kingdom,
Canada, Australia, United States, EU, South Korea, Japan, ASEAN
(Philippines, Singapore, Thailand, Indonesia and Cambodia). It was a
preliminary meeting to exchange views as to what the international
community can do to revive the negotiations.”
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
November 21, 2002 |
The UN
General Assembly passes a resolution requesting the Secretary-General to
resume negotiations, without delay, to conclude an agreement with the
government of Cambodia based on previous negotiations, and to establish
Extraordinary Chambers consistent with the provisions of the present
resolution, so that the Extraordinary Cambers may begin to function
promptly. The resolution was passed with 39 countries abstaining.
|
|
|
|
November 30, 2002 |
Khieu
Samphan says that he and other senior Khmer Rouge leaders are prepared
to give evidence on the internal workings of the highly secretive
ultra-Maoist regime, headed by Brother Number One Pol Pot, if a South
Africa-style truth commission is set up.
(AFP,
December 1, 2003)
|
|
|
|
December 2, 2002 |
Hun Sen says his government is awaiting the passage of the
resolution in “upcoming weeks. What we are concerned about is the
survival of the Cambodian people and that they are free from the hands
of Pol Pot.”
(AFP,
December 2, 2002)
|
|
|
|
December 19, 2002 |
The UN
passes a mandate requiring UN Secretary-General Kofi Annan to return to
the negotiating table with the government of Cambodia. The resolution,
which ordered Annan to restart talks “without delay,” passed by a vote
of 150-0, with 30 nations abstaining.
(The
Cambodia Daily,
December 20, 2002)
|
|
|
|
December 23, 2002 |
Benson
Samay, Ta Mok’s lawyer, calls for the temporary release of his client on
health and humanitarian grounds.
|
|
|
|
December 25, 2002 |
Prince
Ranariddh says, “The government must make concessions to the UN if the
restarted Khmer Rouge trial talks are to proceed. Both the UN and
Cambodia already know each other’s stance. If we return just to talk
from the same angle, the stance that brought us to a standstill
before...we might as well not have negotiations.”
|
|
|
|
January 6, 2003 |
Responding to the Secretary-General’s invitation, a Cambodian delegation
led by Sok An arrives in New York and schedules seven meetings – one
with the Secretary-General and six with representatives of the UN
Secretariat, led by Hans Corell – to prepare for a resumption of
negotiations for Khmer Rouge trials in accordance with General Assembly
Resolution 57/228 of 18 December 2002.
|
|
|
|
March 17, 2003 |
The UN
and Cambodia hammer out an agreement to set up a special genocide court
for former Khmer Rouge leaders. The UN legal team and Cambodia’s chief
negotiator adopted and supported the Articles of the Agreement. The
draft agreement was to be approved by the UN General Assembly and the
Cambodian National Assembly before work could proceed on actually
setting up the court.
|
|
|
|
March 18, 2003 |
The
British Embassy in Phnom Penh issues a press release welcoming the
signing of the draft agreement and expressing the UK’s continued
commitment to support a UN-sponsored tribunal. Commenting on the
agreement, Foreign Office Minister Mike O’Brien was optimistic that the
tribunal would at last bring closure to a tragic period of Cambodia’s
recent history, and bring to account those most responsible for the
atrocities committed under the Khmer Rouge regime, stating that it would
provide an opportunity for the Cambodian people to come to terms with
their past and to move towards reconciliation.
(British
Embassy, Phnom Penh, Press Release, March 18, 2003)
|
|
|
|
March 21, 2003 |
Amnesty
International (AI) says it is deeply concerned about provisions in the
draft agreement “that reflect a significant retreat from current
international law and standards.” It stated that the agreement’s
deficiencies were so serious that it “would oppose the United Nations
signing the agreement without major revision.” However, the draft
provisions AI welcomed included the exclusion of amnesty or pardon for
anyone investigated or convicted of crimes covered by the agreement, a
clause which potentially applies to anyone previously granted an amnesty
by the Cambodian authorities (draft Article 11); provisions that all
proceedings be held in public (draft Article 12.2); and the exclusion of
the death penalty (Article 10), which is consistent with other
international courts.
|
|
|
|
March 28, 2003 |
Cambodia’s
Cabinet approves a draft agreement with the UN on setting up a trial of
former Khmer Rouge leaders.
(The
Hindu International,
March 29, 2003)
|
|
|
|
March 31, 2003
|
The UN
Secretary-General issues a Report to the General Assembly (A/57/769),
making some criticisms of the Draft Agreement. He estimated that the
Extraordinary Chambers would cost over $19 million and proposed United
Nations’ funding via assessed (not voluntary) contributions.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
May 1, 2003 |
The
Third Committee of the UN General Assembly adopts the resolution
approving the Agreement between the Royal Government of Cambodia and the
UN concerning the Prosecution under Cambodian Law of Crimes Committed
during the Period of Democratic Kampuchea.
|
|
|
|
May 2, 2003 |
The
Third Committee adopts a resolution approving the Draft Agreement and
stating that the United Nations should fund the Extraordinary Chambers
by voluntary contributions.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
May 13, 2003
|
The 85th
Plenary Session of the 57th General Assembly adopts Resolution 57/228B
approving the Draft Agreement and voluntary contributions.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
June 6, 2003 |
The UN
and Cambodian government sign the Agreement at Chaktomuk Theater, Phnom
Penh.
(Raksmei
Kampuchea Daily,
June 6, 2003)
|
|
|
|
June 16, 2003 |
The
Royal Government of Cambodia submits to the National Assembly the
Agreement between the United Nations and the Royal Government of
Cambodia Concerning the Prosecution under Cambodian Law of Crimes
Committed during the Period of Democratic Kampuchea.
(The
Cambodia Daily, June 19, 2003)
|
|
|
|
June 19, 2003
|
Australia
pledges AU $1.5 million for the Extraordinary Chambers in addition to
the AU $266,000 already provided in various forms of technical
assistance related to the Khmer Rouge trials.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
July 1, 2003 |
Khieu
Ponnary, the first wife of former Khmer Rouge leader Pol Pot, dies at
the age of 83 in Pailin.
(Raksmei
Kampuchea Daily, July 5, 2003)
|
|
|
|
August 13, 2003 |
Thousands of documents alleging Khmer Rouge-perpetrated atrocities are
dispatched to the United States, Britain and France, after a series of
security threats. DC-Cam Director Youk Chhang says 70 percent of the
evidence is now safely secured in those countries.
(AFP,
August 13, 2003)
|
|
|
|
November 11, 2003 |
After
studying the three-year plan for the tribunal, the UN agrees that
expenditures should be $40 million. The UN suggests it will pay $20
million and the Cambodian side the other $20 million, said Om Yentieng,
adviser to Hun Sen and tribunal task force member.
(The
Cambodia Daily, November 12, 2003)
|
|
|
|
November 19, 2003 |
The US
Congress passes a resolution (H. CON. RES. 83) honoring victims of the
Khmer Rouge. The resolution states the US is committed to pursuing
justice for the victims. US Congressman Dana Rohrabacher says the
resolution marks US recognition of its role in the Indochina conflict
from which the Khmer Rouge regime emerged.
(The
Cambodia Daily, November 26, 2003)
|
|
|
|
December 7, 2003 |
Karsten
Herrel, head of a five-member trial organizing team, says both the UN
and Cambodian government were starting from the assumption that the
Extraordinary Chambers will be operational in 2004.
(Reuters,
December 7, 2003)
|
|
|
|
December 10, 2003 |
Kofi
Annan says the process of setting up the tribunal will only begin once
pledges for the first three years of the court’s operation have been
received and enough money for its first year of operation has been
deposited in a trust fund.
(Associated
Press, December 18, 2003)
|
|
|
|
December 17, 2003 |
Khieu
Samphan, the Khmer Rouge’s head of state, visited his office earlier
this year to seek legal assistance ahead of a planned tribunal, says the
director of the Cambodian Defenders Project.
(Associated Press,
December 18, 2003)
|
|
|
|
December 19, 2003 |
Australia
issues a statement saying that it has earmarked US $2.1 million for the
joint Cambodian-international courts.
|
|
|
|
December 22, 2003 |
Following Khieu Samphan’s solicitation of legal aid, his next-door
neighbor and fellow revolutionary Nuon Chea says he would represent
himself if tried for crimes against humanity and genocide.
(The
Cambodia Daily, December 22, 2003)
|
|
|
|
December 29, 2003 |
In an
open letter, Khieu Samphan denies having any part in the deaths of more
than 1 million Cambodians during the DK regime, but admits the regime
performed “systematic killings.”
(The
Cambodia Daily, December 31, 2003)
|
|
|
|
March 10, 2004 |
A UN
legal team arrives in Cambodia to hammer out plans for the tribunal
before submitting a full budget proposal to the Secretary-General.
(The
Cambodia Daily, March 11, 2004)
|
|
|
|
March 12, 2004 |
King
Sihanouk lashes out at the publishing of testimonies by former Khmer
Rouge leaders in which they claim they are innocent of the atrocities
committed during the period 1975 to 1979. Branding their crimes
“Satanic,” the King claimed that by making public declarations of
innocence, they do not need to ask to be pardoned for their crimes.
(The
Cambodia Daily, March 13-14, 2004)
|
|
|
|
March 18, 2004 |
Karsten
Herrel, the head of a UN delegation, says during a second mission to
Phnom Penh to prepare for a trial of Khmer Rouge leaders, that tribunal
expenses will be “on the higher side” of $50 million. Herrel declined to
give precise budget figures, saying some “cost elements are not totally
known.”
(The
Cambodia Daily, March 19, 2004)
|
|
|
|
March 25, 2004 |
108th US Congress (2d Session--H.CON.RES.399)
Resolved by the House of
Representatives (the Senate concurring),
That the
Congress — (1) urges the President to
encourage the National Assembly of Cambodia to ratify the agreement
between the United Nations and the Royal Government of Cambodia to
establish a tribunal, the Extraordinary Chambers in the Courts of
Cambodia for the Prosecution of Crimes Committed during the Period of
Democratic Kampuchea, for the prosecution of surviving leaders of the
Khmer Rouge regime of Democratic Kampuchea who committed genocide and
other crimes against humanity between April 17, 1975, and January 7,
1979; and (2) urges the President, after such agreement is ratified, to
provide support for the establishment and financing of the Extraordinary
Chambers, consistent with the Cambodian Genocide Justice Act (22
U.S.C.2656 note).
(http://thomas.loc.gov/home/gpoxmlc108/hc399_ih.xml)
|
|
|
|
April 3, 2004 |
Long Beach,
California
lawmakers press President Bush to help fund a tribunal to prosecute
surviving Khmer Rouge leaders. Congresswoman Juanita Millender- McDonald
and Congressman Dana Rohrabacher, who together represent one of the
country’s largest Cambodian communities, said justice for Khmer Rouge
survivors is long overdue.
(Long
Beach Press Telegram,
April 3, 2004)
|
|
|
|
April 7, 2004 |
Seventeen civic leaders and a member of parliament sign a petition
asking an Appeals Court prosecutor to issue arrest warrants for three
surviving top Khmer Rouge leaders.
(Kyodo
News,
April 7, 2004)
|
|
|
|
April 8, 2004 |
US
Secretary of State Colin Powell says international judges may give the
only semblance of credibility to a tribunal for the Khmer Rouge leaders.
Powell was testifying at a Congressional hearing in which a senator
asked why the US supported a “flawed” Khmer Rouge tribunal based on
“Cambodia’s broken judicial system.” “I have the same concerns as you
have about the preponderance of justices being Cambodians who might not
mete out justice in the way we would like to see it meted out,” said
Powell, “But we will have international judges on the court as well so
at least these aging defendants will be brought before a tribunal.”
(AFP,
April 8, 2004)
|
|
|
|
April 9, 2004 |
The
general prosecutor of the Appeals Court asks prosecutors in Battambang,
Banteay Meanchey and Siem Reap to bring charges against Khieu Samphan
and Nuon Chea, and asks the magistrate to issue arrest warrants in
accordance with the rule of proceedings. “As for Ieng Sary, it is
necessary first to examine the royal amnesty decree.”
(The
Cambodia Daily, May 31, 2004)
|
|
|
|
April 17, 2004 |
King
Sihanouk marks the 29th anniversary of Phnom Penh’s fall to
the Khmer Rouge by calling for the cremation of the victims of the
killing fields and dismissing the proposed UN-backed tribunal. “We are
Buddhists whose belief and customs since ancient times have always been
to cremate the corpses and then bring the remains to be placed in the
stupa at the pagoda,” he wrote in Khmer. He also criticized the
tribunal, saying it would only insult the dead victims. “The
international [community] and the United Nations provide huge funds for
this tribunal process. I foresee that it will just be comical, an insult
to the suffering souls of the victims,” wrote the king.
(The
Cambodia Daily, April 19, 2004)
|
|
|
|
April 20, 2004 |
In a
message on his website, King Sihanouk says the Khmer Rouge tribunal
cannot be taken seriously unless it is held at The Hague, owing to
Cambodia’s dysfunctional legal system. “The entire world, including the
newspapers that I read regularly, qualifies our body of magistrates and
judges as ‘notoriously corrupt and incompetent’.”
(The
Cambodia Daily, April 22, 2004)
|
|
|
|
April 27, 2004 |
Khieu
Samphan issues an open letter addressing the public’s opinion of him and
claiming that his image has risen in the estimation of many Cambodians.
“More of our compatriots than before, including the monks, have
expressed their sympathies to me, and I do not need to say everything
that other people have told me every day along the road, smiling at me
and telling me they have read my book,” the letter says.
(The
Cambodia Daily, April 28, 2004)
|
|
|
|
April 28, 2004 |
King
Sihanouk says in a message on his website that he wants to testify at
the Khmer Rouge tribunal. “I testify before the court not only one time
but every time the court holds a hearing for questioning this person,
and that person, every day, every week, every month, every year, as long
as I am alive.”
(The
Cambodia Daily, April 28, 2004)
|
|
|
|
May 14, 2004 |
Cambodia’s
longtime Minister of Economy and Finance Keat Chhon says he is willing
to appear as a witness at a planned UN-funded tribunal. He stated that
he would also testify to defend his name if the tribunal chooses to
indict him due to his past affiliation with the Khmer Rouge. The
French-educated minister, whose service to the Khmer Rouge included a
stint as interpreter for Pol Pot, left the movement in the mid-1980s.
(Dow
Jones Newswires,
May 16, 2004)
|
|
|
|
May 24, 2004 |
Deputy
Prime Minister Sar Kheng approves the establishment of a special
committee to ensure security for participants in the tribunal. The
committee will be headed by Interior Ministry Secretary of State Em Sam
An. Deputies would include Deputy Director General of National Police
Mao Chandara, RCAF Deputy Commander-in-Chief Pol Saroeun, Deputy
Director General of National Police Neth Savoeun, and RCAF Deputy Joint
Chief of Staff Nov Sam. The committee would also include a
representative from the Ministry of Finance and governors of provinces
and municipalities where witnesses and suspects reside, according to Mao
Chandara.
|
|
|
|
May 30, 2004 |
Prosecutors from Banteay Meanchey, Battambang and Siem Reap provinces
ignore an April Appeals Court order to arrest former Khmer Rouge leaders
Khieu Samphan and Nuon Chea. Yam Yeth, Battambang prosecutor, said he
had received the April 9 order, but has not carried it out. “Only the
special judge for the international Khmer Rouge tribunal can issue the
warrant to arrest.” So Vat, Siem Reap prosecutor, also confirmed that he
had received the warrant order from the general prosecutor, but said he
lacked both documented evidence against the former leaders and the funds
to properly investigate them. Om Yentieng, an advisor to Hun Sen and
vice chairman of the Task Force in charge of organizing the tribunal,
said he was “surprised” by the Appeals Court’s decision to issue a
warrant, while opposition party lawmaker Son Chhay complained that
government officials have pressured provincial authorities not to arrest
the former leaders. “Those prosecutors should be punished because they
didn’t respect the order made by the general prosecutor.”
(The
Cambodia Daily, May 31, 2004)
|
|
|
|
June 5, 2004 |
Hun Sen says Cambodia’s courts have no jurisdiction to order
the arrests of former Khmer Rouge leaders, saying only the UN-sponsored
tribunal will have the power to bring them to justice. “No arrests will
be made until the tribunal is set up. Ratification of the tribunal will
be the first order of business for a newly formed National Assembly.” He
stated that he was not worried that Khieu Samphan or Nuon Chea would try
to flee the country to avoid a tribunal. “They don’t know where to go.
They will face the tribunal.”
(The Cambodia Daily, June 7, 2004)
The estimated cost of the proposed Khmer Rouge trial is now
over $60 million, $10 million more than the initial forecast. Trial Task
Force Secretariat Member Dr. Helen Jarvis confirmed the estimated cost
was now over $60 million and subject to discussion and review by
potential donors, the government and UN.
(Phnom
Penh Post,
June 4-17, 2004)
|
|
|
|
July 20, 2004
|
Australia
pledges another AU $5 million for the Extraordinary Chambers in addition
to the AU $1.5 million previously announced. The total of AU $3 million
(US $2.2 million) was additional to the AU $266,000 already provided in
various forms of technical assistance related to the Khmer Rouge trials.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
August 5, 2004 |
Sean
Visoth, executive secretary of the government’s Khmer Rouge Task Force,
says the UN team led by Karsten Herrel will arrive Cambodia on August 23
to wrap up the tribunal budget. He added that the three-year trial is
expected to cost $57 million, and the final cost is to be further worked
out with donor countries or a group of interested states.
(Kyodo
News,
August 5, 2004)
|
|
|
|
August 6, 2004
|
The
Council of Ministers approves two draft laws:
a) Amendments to the 2001 Law on the Establishment of the Extraordinary
Chambers;
b) Ratification of the Agreement between the RGC and the UN signed on 6
June 2003.
The amendments approved are for the purpose of harmonising the EC Law
with the Agreement, and that they reflect those proposed by Hans Corell
on 28 May 2003. In addition, the extension of the statute of limitations
under Article 3 is proposed to be changed from 20 to 30 years.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
August 23, 2004 |
Thirty
judges and prosecutors chosen by the Supreme Council of Magistracy begin
a two-week course on international humanitarian law at the Royal School
of Judges and Prosecutors. According to a statement from the UN
Development Programme, which assisted the training, the judges and
prosecutors would be introduced to issues including war crimes,
genocide, and crimes against humanity, fair trial and due process.
(The
Cambodia Daily, August 25, 2004)
|
|
|
|
August 25, 2004 |
The
National Assembly’s Legislation Commission returns to the government’s
Tribunal Task Force a draft bill that would establish the tribunal with
some criticism of the draft’s content. “The bill has a lot of mistakes,
and there needs to be a lot of changes. The commission already sent it
back to the government to make changes,” said Commission Chairman Ek Sam
Ol. But Task Force Executive Secretary Sean Visoth said that the errors
were spelling mistakes that could be easily fixed: “The commission only
asked for correction on some spelling mistakes.”
(The
Cambodia Daily,
August 27, 2004)
|
|
|
|
September 13, 2004 |
After
announcing the return of a UN delegation to prepare the budget and
logistics for the tribunal, government officials abruptly cancel the UN
team’s visit. The visit was to be postponed until the National Assembly
ratified legislation to establish the tribunal. Prime Minister Hun Sen’s
adviser Om Yentieng said the team would be invited back once the bill
was passed. “I think the suspension will not be a waste of time,” he
added.
(The
Cambodia Daily, September 13, 2004)
|
|
|
|
September 16, 2004 |
Hun Sen
says Cambodia will not pay its share for the long-delayed trial of
former Khmer Rouge leaders. “Soon there will be talks about the money. I
would like to say that Cambodia can offer only the meeting hall and to
pay for the water and electricity and security guards…”There is no way
they can ask Cambodia to pay for the trial... If you want a trial, you
have to pay. We have to be clear on this,” adding that, “Cambodia can
run the trial, but they say they don’t believe that Cambodia can deliver
justice.”
(AFP,
September 16, 2004)
|
|
|
|
October 2, 2004 |
“Kofi
Annan asked Cambodia’s government to send a letter to the United
Nations, after ratifying the UN agreement, so that he can call on or
hold a meeting with donors to seek a budget to support the trial,” says
Foreign Minister Hor Nam Hong. The UN Secretary-General told reporters
that only then can the UN seek donors for the estimated $50 million
needed to try the Khmer Rouge leaders.
(Reuters,
October 2, 2004)
|
|
|
|
October 4, 2004 |
All 107
members of the 123-seat National Assembly vote to ratify the Agreement
between the UN and Royal Government of Cambodia concerning the
prosecution under Cambodian law of crimes committed during Democratic
Kampuchea. “What we have been waiting for so long has happened today,”
Prime Minister Hun Sen says after the vote.
(Documentation Center of Cambodia, Searching for the Truth,
English Edition, Issue 58, October 2004)
In a press conference held in front of the National Assembly
after a meeting to ratify the agreement between the UN and Cambodian
government, Hun Sen announces he will give all government officials and
Cambodians a day off on the first day of the Khmer Rouge tribunal. The
announcement was made in response to a July request by Youk Chhang to
establish a “Day of Remembrance and Justice.”
(Searching for the Truth,
English Edition,
Issue
58, October 2004)
A letter
from Prime Minister Hun Sen is sent to Mr. Kofi Annan, United Nations
Secretary-General, on the adoption by the National Assembly of Cambodia
of the draft law approving the Agreement between the United Nations and
the Royal Government of Cambodia concerning the prosecution under the
Cambodian law of crimes committed during the period of Democratic
Kampuchea.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
October 5, 2004 |
96 of 98
National Assembly members vote in favor of the adoption of Amendments to
29 Articles of the Law on the Establishment of the Extraordinary
Chambers in the Courts of Cambodia for the Prosecution of Crimes
Committed during the Period of Democratic Kampuchea. The 29 Articles are
2, 3, 9, 10, 11, 14, 17, 18, 20, 21, 22, 23, 24, 27, 29, 31, 33, 34, 35,
36, 37, 39, 40, 42, 43, 44, 45, 46, and 47. The overall amendments
pertain to technical aspects of the special court, such as structure,
jurisdiction and procedures.
(Searching for the Truth,
English Edition,
Issue 58, October 2004)
|
|
|
|
October 18, 2004 |
Two
weeks after presiding over the National Assembly’s ratification of the
agreement and amendments to articles of the statute to prosecute
ex-Khmer Rouge leaders, Assembly President Prince Ranariddh dismisses
the tribunal’s value, saying its projected budget would be better spent
on improving the nation’s agricultural sector. “If I had $55 million, I
would use the money to develop the country. It is more beneficial than
prosecuting the aging leaders of the Pol Pot regime,” he told reporters
outside the Assembly. “There are two kinds of justice: the justice for
the victims, and another justice for the poor people. Fifty million
dollars is too much. How many canals could we dig with that money?” he
added.
(The
Cambodia Daily, October 19, 2004)
|
|
|
|
October 19, 2004 |
The
UN-RGC agreement approved by the National Assembly on October 4 is
promulgated by acting Head of State Chea Sim.
(Royal
Decree, 1004/004)
|
|
|
|
October 22, 2004
|
The
Constitutional Council approved the amended law as being in conformity
with the Constitution.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
October 27, 2004 |
The
amended Khmer Rouge law approved by the National Assembly on October 5
is promulgated by acting Head of State Chea Sim.
(Royal
Decree, 1004/006)
|
|
|
|
November 8, 2004 |
The
Cambodian government releases a statement announcing its completion of
the legal legwork for the tribunal.
(The
Cambodia Daily, November 8, 2004)
|
|
|
|
November 16, 2004
|
Deputy
Prime Minister Sok An sends a letter to Under-Secretary-General and
Legal Counsel of the United Nations, Mr. Nicolas Michel, advising him
that, in accordance with Article 32 of the Agreement, the legal
requirements in Cambodia for entry into force had been complied with.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
December 2, 2004 |
Hun Sen
expresses concern that the UN’s unwillingness to pay for the tribunal
would delay the process long enough that former Khmer Rouge leaders
would die before going on trial. “Right now we have the law to prosecute
the Khmer Rouge, but the United Nations claims that they do not have the
budget,” said the Prime Minister at the December 2 anniversary of the
Kampuchea National United Front for National Salvation. “People and I
are concerned that former Khmer Rouge leaders will die before the
prosecution. This is our concern; the budget is the UN’s burden,” he
added.
(The
Cambodia Daily, December 3, 2004)
|
|
|
|
December 10, 2004 |
The
final working budget for a three-year tribunal is set at just $56.272
million, say UN and government representatives, before stating that the
trial’s site will likely be moved to the newly constructed Royal
Cambodian Armed Forces (RCAF) headquarters on the outskirts of the
capital. The UN team would return to New York to present the new budget
numbers to Secretary-General Kofi Annan before the world body begins
fundraising, UN task force coordinator Mohammed Said told reporters at
the Council of Ministers. Sean Visoth, secretary of the government’s
Tribunal Task Force, said Cambodia would shoulder about $13 million of
the budget, a significantly larger portion than the $7 million the
government had been bargaining for. The budget was whittled down from
$57 million to over $56 million, which Said called “peanuts” in
comparison to the cost of other international tribunals. Some of those
savings may result from a government-proposed change of venue for the
trial, which was originally slotted to take place at Phnom Penh’s
Chaktomuk Theater and the National Cultural Centre. The new RCAF
headquarters has sufficient facilities to house all the proceedings,
Sean Visoth said.
(The
Cambodia Daily, December 11-12, 2004)
|
|
|
|
December 15, 2004 |
Prince
Ranariddh says a different location from RCAF headquarters is needed to
ensure “a true international standard of justice…For me, any place
outside the military barracks must be better.”
(The
Cambodia Daily, December 16, 2004)
|
|
|
|
December 16, 2004 |
Prince
Ranariddh says Cambodia and the UN will not be able to begin a planned
international criminal tribunal unless Japan pays at least half of the
required $56 million. “If Japan does not finance half of the budget, we
will not be able to start the trial,” said the prince.
(Japan
Today,
December 16, 2004)
|
|
|
|
December 17, 2004 |
France
pledges EUR 3 million (US $4 million) towards the planned tribunal,
which is expected to cost US $56 million (EUR 42 million). Xavier
Darcos, minister delegate for cooperation and development, said France
would contribute EUR 1 million per year for the estimated three years of
proceedings.
(AFP,
December 17, 2004)
|
|
|
|
January 8, 2005 |
Hun Sen
blasts the international community for quickly aiding countries that
were hit by the December 26 tsunami while all but ignoring Cambodia in
the aftermath of the Khmer Rouge regime. “The number of people killed by
the tsunami was less than 10 percent of the extent of the damage and
loss of lives during Pol Pot’s regime,” he said. “No one wants the Khmer
Rouge to be prosecuted more than Hun Sen,” he added.
(Kyodo
News,
January 8, 2005)
|
|
|
|
January 23, 2005 |
Retired
King Norodom Sihanouk says that the prosecution of only a handful of
former DK leaders would be a “comedy and hypocrisy.” Instead of spending
more than $56 million to establish the tribunal and “to support, for 3
years, its judges in luxury,” he suggested it may be more judicious to
provide families of Khmer Rouge victims with fertile land and irrigation
systems. “The question is to know whether condemnation by the famous
Khmer-UN tribunal of five or six Khmer Rouge would be sufficient to
appease my spirit,” the king wrote on his website.
(The
Cambodia Daily, January 25, 2005)
|
|
|
|
January 27, 2005 |
Sihanouk
warns of a possible revolt against the government by ex-Khmer Rouge
hard-liners if their leaders are prosecuted by a UN-backed tribunal.
(The
Cambodia Daily, January 28, 2005
|
|
|
|
January 28, 2005 |
Britain
announces a US $940,000 contribution to support the tribunal.
(ABC
Radio Australia,
January 28, 2005)
|
|
|
|
January 29, 2005 |
Hun Sen
urges donor nations to quickly put forth funds for the tribunal before
the chance to try ageing former Khmer Rouge leaders is lost.
(The
Cambodia Daily, January 31, 2005)
|
|
|
|
February 9, 2005 |
Japan
commits $21.5 million for the tribunal and says it will give the money
to the UN by the end of March.
(The
Cambodia Daily, February 10, 2005)
|
|
|
|
March 7, 2005 |
Prince
Sisowath Thomico, private secretary to retired King Norodom Sihanouk,
declares his intention to sue Foreign Affairs Minister Hor Nam Hong to
discover the fate of his deceased parents – if and when a Khmer Rouge
tribunal is established. Expressing doubt over the UN and government’s
will to hold the long-awaited tribunal, Prince Thomico said he wishes to
find justice for his late parents, Prince Sisowath Methavi and Princess
Nanette Methavi, the older sister of Queen Norodom Minineath.
(The
Cambodia Daily,
March 9, 2005)
|
|
|
|
March 11, 2005 |
A
Cambodian military court investigating judge says Ta Mok and Kaing Guek
Eav, alias Duch, were charged in February with war crimes and harming
foreign nationals during the regime’s rule from 1975 to 1979.
(ABC
Radio Australia,
March 11, 2005)
|
|
|
|
March 15, 2005 |
Foreign
Affairs Minister Hor Nam Hong responds to statements made by Prince
Thomico, warning that he would seek massive monetary compensation for
any complaints lodged against him at a future tribunal. Asked to comment
on Prince Thomico’s public statement on his intention to file a
complaint against the foreign minister, Hor Nam Hong told reporters that
anyone who brings forth such a case should be prepared to pay.
(The
Cambodia Daily, March 17, 2005)
|
|
|
|
March 21, 2005 |
“To
date, the Cambodian government and the UN have raised enough money to
pay for at least the first year of the trials ($39 million of an
estimated $56 million) through contributions from Japan, Australia,
Great Britain and France,” says Youk Chhang, Director of the
Documentation Center of Cambodia. He appealed for more contributions and
involvement from the international community in making the long-awaited
tribunal a reality. “It is my hope that the international community will
begin to engage more widely in addressing Asia’s human rights abuses,
becoming as involved here as it has in Europe and Africa, for example,”
he said. “Helping Cambodians see justice for the crimes against humanity
committed on our soil would ensure donors a place of honor in history.”
(Searching
for the Truth, English Edition, First Quarterly 2005)
|
|
|
|
March 22, 2005 |
Retired
King Sihanouk says he could contribute $10,000 on behalf of Prince
Sisowath Thomico if Foreign Affairs Minister Hor Namhong were to sue the
prince for defamation, according to the retired king’s pen pal, Ruom
Ritt.
(The
Cambodia Daily, March 22, 2005)
|
|
|
|
March 25, 2005 |
Canada announces it will contribute C $2 million (US $1.64 million) to
the UN toward the establishment and operation of the Extraordinary
Chambers – C $1 million for the first year, and C $500,000 each for the
second and third years.
(Press Release of the Canadian Embassy in Phnom Penh,
March 25, 2005)
The Cambodian government announces that it can only shoulder
$1.5 million of its expected share of $13.3 million and calls for more
funding from interested states to bridge its shortfall of $11.8 million.
Senior Advisor to Hun Sen, Om Yentieng, said Cambodia’s contribution
will in fact cover $6.7 million in cash and in kind, as far as the
security and premises excluded from the total budget are concerned.
(The
Associated Press,
March 27, 2005)
|
|
|
|
March 28, 2005 |
Member states of the UN pledge a total of $38.48 million
towards the establishment of the Extraordinary Chambers, $4.52 million
short of the goal of $43 million. The pledges
were:
|
|
|
|
|
Japan
|
$21,600,000 |
|
|
|
|
|
France |
$4,800,000 |
|
|
|
|
|
United Kingdom |
$2,870,000 |
|
|
|
|
|
Australia |
$2,350,000 |
|
|
|
|
|
Netherlands
|
$2,000,000 |
|
|
|
|
|
Canada |
$1,610,000 |
|
|
|
|
|
Norway
|
$1,000,000 |
|
|
|
|
|
Germany |
$1,000,000 |
|
|
|
|
|
Denmark |
$525,000 |
|
|
|
|
|
Austria |
$360,000 |
|
|
|
|
|
Sweden |
$150,000 |
|
|
|
|
|
Republic of
Korea
|
$150,000 |
|
|
|
|
|
Luxemburg |
$66,000 |
|
|
|
|
|
The US representative stated that in the past ten years, the US
has “paid $7 million toward documentation and research costs for the
crimes committed in Cambodia,” and that “legislative restraints made it
impossible to pledge moneys towards the Tribunal.”
(UN Press Release, L/3082)
Youk
Chhang,
DC-Cam director, says he is confident that the shortfall will be met,
and that the Cambodian government should consider asking the private
sector in the Kingdom to bridge the gap.
(AFP,
March 29, 2005)
|
|
|
|
April 11, 2005 |
The
Belgian government pledges $193,500 for a future Khmer Rouge tribunal.
Jeroen Cooreman, deputy head of mission for the Belgian Embassy in
Bangkok, wrote in an e-mail that Belgium could not make the announcement
at a pledging conference at the UN headquarters on March 28 because “the
decision had not been officially taken yet at the time of the pledging
conference.”
(The
Cambodia Daily, April 12, 2005)
|
|
|
|
April 17, 2005 |
DC-Cam appeals to governments that had embassies in Cambodia
during DK or followed events from embassies in Bangkok, organizations
and individuals to provide materials they possess on the regime to the
Extraordinary Chambers. He also thanked Dr. Steve Heder of the
University of London and former Officer in Charge of the Cambodia Office
of the United Nations Center for Human Rights David Hawk for providing
their Khmer Rouge-related files in anticipation of the tribunal, and
expressed his hope that others would follow their lead.
(Searching for the Truth,
English Edition,
Issue No. 64, April 2005)
|
|
|
|
April 21, 2005 |
The US
State Department issues a statement: “For the United States to
contribute to this process, we believe, as U.S. law stipulates, that the
tribunal must meet internationally recognized standards of justice. As
the tribunal moves forward, we will engage with the Government of
Cambodia, the United Nations, and interested countries to achieve this
goal.”
(Press
Release 2005/438, April 21, 2005)
|
|
|
|
April 22, 2005 |
The
Vietnamese government replies to DC-Cam’s April 17 appeal for relevant
Khmer Rouge materials, stating: “Your letter will be forwarded to the
relevant authorities of Viet Nam. I am confident that it will attract
their attention.”
|
|
|
|
April 25, 2005 |
In
response to DC-Cam’s April 17 appeal for relevant Khmer Rouge materials,
Germany sends documents to DC-Cam.
|
|
|
|
April 29, 2005 |
The agreement between the UN and Cambodia to set up the
Extraordinary Chambers takes effect. On April 28, 2005 the
Secretary-General of the United Nations wrote a letter to Hun Sen,
informing him that the legal requirements on his side had been met.
According to Article 32 of the Agreement, it therefore entered into
force on April 29, 2005, the day following his notification, given that
H.E Sok An had, on November 16, 2004, informed H.E. Nicolas Michel that
the legal requirements on the Cambodian side had been met.
(Press Release of the Office of the Council Ministers,
May 3, 2005)
According to a UN press statement, sufficient pledges and
contributions were now in place to fund the staffing of the two
Extraordinary Chambers.
(UN News Center,
April 29, 2005)
The European Commission pledges $1.3 million to Cambodia’s
Khmer Rouge tribunal.
(AFP,
April 29, 2005)
|
|
|
|
April 30, 2005 |
Cambodia
welcomes a UN announcement that enough money is on hand to set up the
tribunal.
(ABC
News Online,
April 30, 2005)
|
|
|
|
May 6, 2005 |
France
announces it will allocate an additional $1.3 million in 2005 for the
tribunal as an advance on its trial contribution for 2006. “In doing so,
France wishes to encourage its partners to increase their efforts so
that the necessary credits are in hand for the start of the three-year
proceedings,” said the statement of the French Ministry of Foreign
Affairs.
(The
Cambodia Daily, May 7-8, 2005)
|
|
|
|
May 9, 2005 |
In
response to DC-Cam’s April 17 appeal for relevant Khmer Rouge materials,
Great Britain sends documents to DC-Cam.
|
|
|
|
May 19, 2005 |
The
United States says it will not be involved in the Khmer Rouge tribunal
unless it proves to be fair and free from political manipulation and
influence.
“The U.S. wants to be in the position where we will be able to support
this politically and financially,” Pierre Richard Prosper, U.S.
ambassador-at-large for war crimes issues, told reporters during a
two-day visit to Phnom Penh. “What we want to avoid is some of the
problems that exist in the ordinary judiciary being transferred to the
Khmer Rouge tribunal,” he said. “It must be free from corruption. It
must be free from political manipulation or influences and must be
transparent,” Prosper added.
(Reuters,
May 19, 2005)
|
|
|
|
May 20, 2005 |
Some 1,000 Cambodians gather at one of the Khmer Rouge’s infamous
“killing fields” to remember the victims of the 1975-79 regime amid
calls for its former leaders to face trial soon. Relatives of victims,
students, government officials and monks attend the ceremony, held
annually to mark the date Pol Pot’s ultra-Maoists collectivized
agriculture, at the Choeung Ek fields southwest of the capital.
(AFP, May 20, 2005)
|
|
|
|
May 30, 2005 |
Cambodian Deputy Prime Minister Sok An calls on foreign diplomats in
Phnom Penh to help the country pay its share ($13.3 million) of the
costs of a tribunal to try former Khmer Rouge leaders. Sean Visoth,
Secretary of the government’s tribunal task force, said that India,
Singapore and Thailand showed their interest in providing technical
support. He added that the European Union is still deciding whether to
give the $1.3 million it has pledged to the United Nations or the
Cambodian government.
(Voice of America, Phnom Penh, May 31, 2005)
|
|
|
|
June 2, 2005
|
Diplomatic corps and representatives from 13 embassies in Phnom Penh
join a visit to the proposed Extraordinary Chambers site at Kambol.
(www.cambodia.gov.kh/krt/english/chrono.htm)
|
|
|
|
June 5, 2005 |
Several prominent Cambodian businessmen say they would donate money to
help cover the government’s $11.8-million shortfall for the Khmer Rouge
tribunal if the government makes an official request. “I will donate
money [to the tribunal] in order to help the government,” Said Sok Kong,
director of Sokimex Company. He adds that he didn’t believe he would be
the only business leader prepared to pitch in. Kith Meng, chairman of
Royal Group of Companies, echoed the statement, “If [Hun Sen] comes up
with a policy or a formal request, we would have no objection.”
(The Cambodia Daily, June 6, 2005)
|
|
|
|
June 6, 2005 |
Sam Rainsy Party spokesman Ung Bun-Ang calls on the government of
Cambodia to organize a national fund-raiser to make up the
shortfall—which the government said is the final hurdle to seeing the
long-awaited tribunal take place. “It seems that everybody has been
contributing to fund the Khmer Rouge trial except the Cambodian people
here and abroad,” Sam Rainsy Party spokesman Ung Bun Ang said in a
statement.
(The Cambodia Daily, June 7, 2005)
|
|
|
|
June 7, 2005 |
Nuon Chea admits that his health is weakening and high blood pressure is
causing him problems. But he said he was trying to stay healthy in case
he was called to appear at the long-stalled Khmer Rouge tribunal. “I am
taking care of myself and my health, because I am preparing myself to go
to court,” he stated. “But I do not know how long I can stand in it.”
(The Cambodia Daily, June 8, 2005)
|
|
|
|
June 8, 2005 |
Prime Minister Hun Sen rejects proposals for a national fund-raiser to
help cover the government’s $11.8-million shortfall for the Khmer Rouge
tribunal budget, a move that some observers believe casts doubt on the
government’s commitment to the long-awaited trial. Commenting on a
proposal to raise money for the Khmer Rouge tribunal from local
Cambodian contributions, Hun Sen said: “I think such a proposal is not
acceptable. Cambodian people earn money just to live.” Om Yentieng, a
member of the government’s Khmer Rouge task force, said afterwards that
there would be no appeal to the country’s wealthy business leaders—or
anyone else—for help.
(The Cambodia Daily, June 9, 2005)
|
|
|
|
June 10, 2005 |
Japan is unable to provide direct financing to cover
Cambodia’s $11.8m Khmer Rouge tribunal funding shortfall, but is
studying the possibility of making funds available through Japan’s
bilateral assistance to Cambodia, Japan’s foreign ministry says. “The
government of Japan, through Foreign Minister [Nobutaka] Machimura,
would like to see the Khmer Rouge tribunal be commenced as soon as
possible,” Hatsuhisa Takashima told reporters at a press conference, “In
order to do so the government of Japan is willing to discuss in
detail...the arrangement with which Japan would have some mode of
financing it through the bi-lateral arrangement between Cambodia and
Japan.”
(The Cambodia Daily, June 11-12, 2005)
|
|
|
|
June 21, 2005 |
Foreign Minister Hor Namhong states that another barrier to the
establishment of a Khmer Rouge tribunal was removed with the
announcement that Cambodia will use a special fund set up by the
Japanese government to pay its remaining share of the Khmer Rouge trial
budget. “They [the Japanese government] have already offered. We will
use this money, so we hope that the Khmer Rouge tribunal can proceed
soon,” said the minister.
(The Cambodia Daily, June 22, 2005)
|
|
|
|
June 22, 2005 |
Hor Namhong’s announcement that Cambodia will use a special fund set up
by Japanese government to pay its remaining share of the Khmer Rouge
trial budget comes as a surprise to the Japanese embassy in Phnom Penh.
The embassy’s political affairs officer, Fumio Goto, said Japan’s
bilateral aid program would not cover all of Cambodia’s costs, and he
asked other countries to contribute as well. “Because this is not only
Japan who assists the Khmer Rouge tribunal,” he said. “So we understand
that now the Cambodian government is prepared, just appeal to all donor
countries to assist the Cambodian portion.”
(Voice of America, June 22, 2005)
|
|
|
|
June 27, 2005 |
Germany pushes the Khmer Rouge tribunal closer to commencement
with the announcement of an additional $1.9 million contribution toward
trial’s $56.3 million budget.
(The Cambodia Daily, June 28, 2005)
|
|
|
|
June 30, 2005 |
The UN approves the newly constructed Royal Cambodian Air Force
headquarters on the capital’s outskirts as the location for the planned
Khmer Rouge tribunal. The decision was made during a closed-door meeting
in New York on June 30 between the UN and representatives from countries
that are involved in the tribunal, a diplomat said on condition of
anonymity.
(The Cambodia Daily, July 20, 2005)
|
|
|
|
June 30, 2005 |
The UN calls on member countries to submit the names of international
judges and prosecutors they would like to see nominated for the Khmer
Rouge tribunal. The UN Secretariat sent a letter to member countries on
June 30, with nominations for the positions – a total of nine from the
international community – to be submitted by August 29. “On behalf of
the Secretary-General [Kofi Annan], I have the honor to invite your
government to suggest the names of individuals whom the
Secretary-General might nominate for appointment,” wrote Nicolas Michel,
the UN’s undersecretary-general for legal affairs. The international
court officials will make $129,400 per year calculated upon how long
they actually work, the letter said. The officials will start at
different times and serve for varying lengths of time depending on the
phase – investigation, trials and appeals - of the tribunal they are
involved in.
(The Cambodia Daily, August 3, 2005)
|
|
|
|
June 2005 |
Youk Chhang, director of the Documentation Center of Cambodia, calls on
the governments of ASEAN to participate more in the process of the Khmer
Rouge tribunal by providing such much-needed assistance as technical
assistance, documentation (providing Khmer Rouge-related documents to
the tribunal), counseling (helping people suffering from post-traumatic
stress disorder or PTSD), computers, transportation (large vans or small
buses for bringing people from the countryside to attend the trials in
the capital), and radios.
(Searching
for the Truth, English Edition, Second Quarter 2005)
|
|
|
|
July 14, 2005 |
The government is still waiting for international donors to cover
Cambodia’s $11.8-million Khmer Rouge tribunal budget shortfall and for
the UN to appoint a deputy coordinator before moving forward, a
government official says at a conference on the tribunal. “Once we get
news from the UN [on who will be the deputy coordinator], then Cambodia
will look for its own coordinator,” said Sean Visoth, secretary for the
government’s Khmer Rouge tribunal task force. “We are waiting for the
UN.” The UN posted an advertisement for the deputy coordinator position
in April. Applications were due by May 8. According to officials, the UN
received more than 100 applications. Japanese Ambassador Fumiaki
Takahashi said at the conference, held at the University of Cambodia,
that it was in the “final stages” of deciding who would get the job.
(The Cambodia Daily, July 15, 2005)
|
|
|
|
July 25, 2005 |
Ian Pearson, Britain’s Foreign Office Minister for Trade, said following
a meeting with Prime Minister Hun Sen to discuss the trial that “Britain
will contribute about $2.6 million to the long-awaited Khmer Rouge
tribunal. We’ve said we’ll commit [$2.6 million] over the next three
years...to the international side of the tribunal,” he said.
(The Cambodia Daily, July 26, 2005)
|
|
|
|
August 1, 2005 |
Haruhisa Handa, the Japanese philanthropist, religious leader,
self-styled business guru and author also known as Toshu Fukami,
announces a $1.3 million compensation and memorial fund for victims of
the Khmer Rouge. Haruhisa Handa, who is also the founder of the Japanese
Blind Golf Association, is providing $300,000 for the fund, while his
welfare organization, World Mate, will be footing the rest of the bill,
he said. Survivors of the regime will be invited to apply for money from
the fund, which aims to initially give $100 per family to 10,000
families. “If I get more donations, I can give more money for people,”
Haruhisa Handa said.
(The Cambodia Daily, August 2, 2005)
|
|
|
|
August 4, 2005 |
“With less than one month until the closing of the nomination
process for the election of judges and prosecutors to the new
Extraordinary Chambers, Amnesty International is calling on all states
to nominate their most highly qualified candidates to the Extraordinary
Chambers. Given serious weaknesses in the national judicial system,
Amnesty International was dismayed by a decision to appoint a majority
of Cambodian judges to serve on the Extraordinary Chambers. Eleven of
the 19 judges and one of the two co-prosecutors will be Cambodian.
Amnesty International considers that the Cambodian judicial system
continues to be weak and subject to political pressures, especially in
high-profile cases. It is currently unable to ensure that trials are
conducted in a manner that would conform to international law and
standards of fairness.”
(Amnesty
International, 4 August 2005, News Service No: 211, AI Index: ASA
23/004/2005(Public))
|
|
|
|
August 15, 2005 |
Prime Minister Hun Sen says that problems in establishing the
Khmer Rouge tribunal are giving him a “headache” and warns there won’t
be a trial if the government’s share of the trial’s budget is not
covered by the international community.
(The Cambodia Daily, August 16, 2005)
|
|
|
|
August 25, 2005 |
The United Nations announces that Michelle Lee of China will
coordinate UN assistance to the Khmer Rouge tribunal. Effective
September 1, 2005 she will serve as the international deputy director of
the Office of Administration. She joined the UN in 1974 and most
recently has been in charge of administrative support services for the
UN genocide tribunal for Rwanda in Arusha, Tanzania, since July 2003.
Previously she was chief of the administrative division at the UN’s
regional Economic and Social Commission for Asia and the Pacific in
Bangkok from February 2001 to July 2003.
(AP,
August 26, 2005)
|
|
|
|
August 29, 2005
|
Prime Minister Hun Sen welcomes the
appointment of China’s Michelle Lee by the United Nations as coordinator
for UN-Cambodian efforts in setting up a tribunal for former Khmer Rouge
leaders. “We welcome any step made by the United Nations. Any
appointment made available to any nationality by the United Nations is
welcomed,” Hun Sen told reporters, adding
that the United Nations has its own regulation that any person employed
by this body has to be committed to UN interests.
(Kyodo,
August 29, 2005)
|
|
|
|
September 20, 2005
|
French President Jacques Chirac meets Cambodian Prime Minister
Hun Sen for talks on bilateral cooperation
and efforts to bring surviving leaders of the genocidal Khmer Rouge
regime to justice.
(ABC
Radio Australia, September 20, 2005)
|
|
|
|
September 23, 2005
|
The new US Ambassador to Cambodia says the time has come for
bringing former Khmer Rouge leaders to justice. “It must be a genuine
tribunal. If we can be assured with the international standard, the
American government will support it. What we need is a real trial, not a
pretend trial,” he said.
(Kyodo,
September 23, 2005)
|
|
|
|
October 7, 2005
|
India contributes $1 million to the Cambodian side of the budget for the
coming Khmer Rouge trials.
(www.hindu.com/2005/10/08/stories/2005100803181300.htm)
|
|
|
|
October 25, 2005
|
Fugitive former Khmer Rouge commander
Chhouk Rin is arrested near the Thai
border in Oddar
Meanchey province. The arrest followed a request by French
President Jacques Chirac for Chhouk
Rin’s arrest during a September 21 meeting
with Prime Minister Hun Sen in Paris.
Chhouk Rin had
been on the run since February, when the Supreme Court rejected his
final appeal against a life sentence issued in 2002 for his role in the
1994 murders of three backpackers from Australia, Britain and France who
were taken hostage following a train attack and later executed on Vince
Mountain in Kampot province.
(The
Cambodia Daily, October 26, 2005)
|
|
|
|
November
12, 2005 |
His Majesty King
Norodom
Sihamoni signs Royal Decrees appointing His Excellency Sean
Visoth
as director of the Office of Administration of the Extraordinary
Chambers, and assigning Ms. Michelle Lee as deputy director, a position
to which she was appointed on October 14 by the Secretary-General of the
United Nations.
(Royal Decree,
NS/RKT/1105/462 &
NS/RKT/1105/466)
|
|
|
|
November 20, 2005
|
Retired King Norodom Sihanouk
accuses Richard Nixon, former US president, and Henry Kissinger, his
then secretary of state, of serving the interests of the Khmer Rouge
during their military activities in Cambodia. Documents released last
week in the US detailed Nixon’s deceptions during the US “secret war” in
Cambodia in the early 1970s, when the US launched a heavy bombing on the
country. “By using the Lon Nol-ists and
Sirik Matak-ists
to ‘eliminate’ the [Sangkum
Reastr Niyum]
and Norodom Sihanouk, the NIXON-KISSINGER
were, in the end, serving the vital interests of the Khmer Rouge,
Pol Pot and Pol
Pot communism,” Norodom Sihanouk wrote in
the margins of a newspaper posted on his Web site.
(The
Cambodia Daily, November 22, 2005)
|
|
|
|
November
23, 2005
|
UN moves ahead with Cambodian trials court
for Khmer Rouge leaders
“23 November 2005 - United Nations efforts helping Cambodia to
set up special mixed courts to try ageing former leaders of the Khmer
Rouge accused of killing hundreds of thousands of civilians during the
1970s are gaining momentum as Secretary-General Kofi Annan considers
nominees for the tribunals’ international components.
“A short list <http://www.un.org/law/khmerrougetrials/>
of candidates will be interviewed in early December for the posts of
International Judges, International Co-Prosecutor, International
Co-Investigating Judge and International Judges of the Pre-Trial
Chamber, spokesman Stephane Dujarric told the daily noon briefing in New
York.
“The UN and Cambodia signed the landmark agreement to set up a trial
court and a Supreme Court within the Cambodian legal system to
‘prosecute those most responsible for crimes and serious violations of
Cambodian and international law between 17 April 1975 and 6 January
1979.’
“The courts will comprise a mix of international and Cambodian judges.
According to the agreement - which stresses the impartiality and
independence of the prospective jurists - decisions in the two chambers
would be taken by majorities of four judges and five judges,
respectively.
“Acting on behalf of the Secretary-General, the Legal Counsel
has established the following short-list of individuals whom the
Secretary-General might possibly nominate for appointment as
international judges or, in the alternative, as judges of the Pre-Trial
Chamber:
| |