Searching for the truth Issues 28 - Documentation Center of Cambodia

Searching for the Truth ⎯ LEGAL
them to perform their tasks, the project will
undoubtedly fail to deliver justice. It can condemn
the enterprise to being a token gesture, the ultimate
injustice to victims and their families. Given the
extent of the atrocities committed in Cambodia under
the Khmer Rouge, it is of utmost importance that all
institutions involved in the project are provided with
meaningful material and political support (this does
not equate with interference), and clear lines of authority
are established. If foreign expertise is brought in,
then there must be adequate interpretation/translation
provided to enable full utilization of their skills. One
of the major failings of the current system is that
judicial police, investigating judges and prosecutors
are provided with inadequate logistical support to
enable them to carry out adequate investigations and
they are often forced to used their own personal
resources (cars, petrol, etc.). There is thus a
disinclination to conduct proper investigations.
Having made the point about the importance of
meaningful support to the institutions, it is also
important to stress that lack of resources must not be
used as an excuse for under-performance. This links
to the following section dealing with the quality of
personnel⎯much can be done with very little if the
right people are involved and a coherent and realistic
strategy is pursued.
Managing Strong Institutions that are Able to
Fulfill their Mandate
International standards require prosecutorial
and judicial independence from undue influence. A
compromised system will result in tainted justice,
and every effort needs to be made to select personnel
who are, and can be expected to remain, immune to
improper influence.
East Timor’s experience has been that the quality
of the personnel provided is of utmost importance for
the ultimate success of the judicial process. For
example, policemen with no investigative experience
(traffic policemen, administrators, etc.) were seconded
to the Serious Crimes Unit by CIVPOL and expected
Documentation Center of Cambodia (DC-Cam)
Number 28, April 2002
to carry out investigations into crimes against humanity.
Ongoing conflict within the Serious Crimes Unit led
to public allegations of incompetence, mismanagement,
lack of communication, and an absence of direction,
strategy or policy. As a result of the difficult working
environment, many qualified investigators and legal
staff resigned. Two areas specifically identified by
NGO and media reports as indicating weak
leadership of the Serious Crimes Project were (1) the
perceived failure to develop a policy in relation to
atrocities that were committed between 1975 and
1999, which has resulted in a complete failure of the
Serious Crime authorities to investigate or prosecute
atrocities of that era and (2) the exhaustion of limited
resources through prosecuting low-ranking militia
leaders rather than developing cases against leaders.
Observers have also voiced particular concerns about
UNTAET’s wooing, under the banner of reconciliation,
of militia leaders currently in West Timor. This had
been carried out with the noble aim of securing the
return of up to 100,000 refugees currently under
militia control. But many have questioned the impact
this has had on Serious Crimes Unit strategy and
decisions, citing the failure to indict militia leaders
engaged in reconciliation negotiations. The project
also suffered from the harsh reality that for most of
its existence, the Serious Crimes Unit has been
without a permanent leader (both the first Officer-In-
Charge and the first Deputy General Prosecutor for
Serious Crimes resigned after a few months, citing
unacceptable political interference).
(Continued in the May 2003 issue)
_______________________________
Suzannah Linton practices International Law and
has worked on accountability for gross violations of
human rights in many countries, as well as at the
International Criminal Tribunal for the former
Yugoslavia. She worked in Cambodia in 2001/2002,
has published several legal studies on accountability
for the Democratic Kampuchea era.
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