The Asian Human Rights Commission (AHRC) has been informed that the Cambodian government has threatened to expel the Open Society Justice Initiative (OSJI), a New York-based human rights NGO, after it had publicised allegations of corruption (KRT) and requested a thorough investigation. The OSJI has worked in Cambodia since 2003 to assist in the establishment, functioning and monitoring of the KRT by providing a wide range of expertise and advice to court officials as well as to civil society groups.
In a press statement released on 14 February 2007, the OSJI revealed, “serious allegations that Cambodian court personnel, including judges, must kick back a significant percentage of their wages to Cambodian government officials in exchange for their positions” to the KRT. It further said that these allegations were “undermining the credibility” of the KRT and “must be investigated thoroughly, fairly, and quickly.” It expressed its concern that “if these allegations of corruption are confirmed, it would strip the [KRT] of its integrity and undermine its ability to provide accountability for mass crimes.”
On 16 February, Sean Visoth, Director of Administration of the KRT, notified the OSJI that he cut off all cooperation between his office and the NGO, while claiming that the OSJI’s press statement was “offensive and destructive” and made “harmful allegations that are unspecific, unsubstantiated and unsourced.” He has since ended all contact with the group and has not allowed its staff to enter his office. For their part, the Cambodian judges on the KRT have held that the allegations “create public confusion and seriously undermine the reputation and integrity of all national judges” on the tribunal. On 8 March on the justices behalf, Kong Srim, President of the Supreme Court Chamber of the KRT, demanded that the OSJI “correct those unsubstantiated allegations” and requested that it publicly affirm that none of them were implicated in the allegations of corruption.
The reactions from Cambodia’s top leaders have been even more serious. Sok An, a Deputy Prime Minister in charge of the Khmer Rouge trial reportedly charged that the OSJI had “said something illegal about Cambodia” and its statement had “damaged Cambodia’s honour”, while adding that its staff were not allowed to enter the tribunal. For his part, Hun Sen, the Prime Minister, was reported to have “issued an oral order to expel the OSJI from Cambodia”. Khieu Kanharith, the Government Spokesman, has confirmed that the government had been “considering to even expel [OSJI] from the country, not just revoke [its foreign staff] visas.” Cheam Yeap, an MP from the ruling party, has also rejected the allegations of corruption, charging that they “seriously defamed the government.” He will stand by the government’s decision “to rebuke OSJI or to cease granting visas to its foreign staffs.”
Corruption in the Khmer Rouge tribunal and the incriminatory reaction to the OSJI’s statement did not come as a surprise for corruption is rife in Cambodia and incriminatory reactions are the government’s hallmark in their response to messengers of bad news. However, these punitive reactions only reflect negatively on the Cambodian government itself. In the first place, the OSJI’s considerable assistance in terms of resources and services in the establishment and functioning of the KRT when Cambodia is well short of them, show that the Cambodian government has not appreciated such external assistance. Secondly, the reaction greatly damages its longstanding stance in fighting corruption. A government with a genuine anti-corruption posture would investigate such allegations of corruption once they are known. Thirdly, they simply sweep the allegations under the carpet. They only suppress the problem and do not address the issue. Fourthly and even more importantly, considering the OSJI also has a status of an international monitoring NGO, the expulsion of OSJI or the revocation of its foreign staff visas break the idea and spirit of Article 12 (2) of the Agreement between the United Nations and the Cambodian government which stipulates that “representatives….of national and international non- governmental organizations will at all time have access to the proceedings before the [Khmer Rouge Tribunal].” This punishment will then engender public mistrust in the KRT and undercut the credibility which this tribunal, like any other court of law, must have. Without such credibility, its judgments will have no authority. Investments in the trial worth over US $ 56 million will then become little more than a waste.
The AHRC therefore urges the Cambodian government, the Administration Office of the KRT and the Cambodian judges to appreciate the OSJI’s assistance in the establishment, functioning and monitoring of the KRT, as well as its revelation towards the allegations of corruption. They should reconsider all their decisions against the OSJI. More importantly, they should heed its request for a thorough and urgent investigation, followed by a report that must be made public. The OSJI must not be punished over this matter by having the cooperation between the group and government stopped, having their visas revoked, or by being expelled from the territory.
The AHRC also urges all countries and organisations which are funding the KRT to work with the Cambodian government, the Administration Office of the KRT and Cambodian judges to reverse all their decisions against the OSJI, investigate the allegations of corruption at the KRT and make public the report on the investigation.
