The following is an abbreviation of the list of concerns compiled during a Jan 19
panel discussion on the KR tribunal law in Phnom Penh organized by the Center
for Social Development. The list was subsequently forwarded to UN Secretary
General Kofi Annan in the stated hope that while Annan considers "...the
wisdom of entering into an agreement with the Royal Government of Cambodia in its
prosecution of those responsible for the Cambodian Genocide...this information may
be of value to you in your deliberations."
- ...Please clarify the meaning [in Article 1 of the law] of "Senior leaders
of Democratic Kampuchea and others who were most responsible for the crimes and serious
violations of...to Jan 6, 1979.
- There should be a single, specified legal procedure for selecting all Cambodian
judges, investigating judges and prosecutors which meets and legal requirements and
existing standards... Will qualified Cambodians who are not currently judges but
who possess all other qualifications be eligible to serve as judges?
- The court shall ensure the independence and sovereignty of the judges. Will those
who violate the law or court's rules and regulations be punished?
- Will defendants have the right to choose foreign lawyers as well as Cambodian
lawyers to represent them? Will the Cambodian Bar Association play any role in determining
what lawyers are permitted to appear before the Extraordinary Chambers?
- Will the recruitment of Cambodian staff for the Extraordinary Chambers and the
Office of Administration be only from current members of the Cambodian civil service?
- What criminal procedure law will be applied by the Extraordinary Chambers? If
the existing law is not adequate, what body will be responsible for drafting and
adopting the criminal procedure law to be used?
- Will the pardon/amnesty granted by the King to Mr. Ieng Sary prevent him from
being prosecuted under this law?
- Will all persons have the right to file complaints with the Extraordinary Chambers
against any persons included within the meaning of Article 1 of the law?
- On what basis and according to what procedure will judges be required to remove
themselves on the grounds of conflict of interest?