As the judicial side of the court creaked slowly forward,
the court revised its own budget upwards to $169.7 million, covering an
additional two years and the trials of eight defendants, according to January
30 court documents.
There was no immediate reaction from tribunal funders. If
the revised budget is approved by tribunal donors, the Extraordinary Chambers
in the Courts of Cambodia would last until 2011.
“It is broadly acknowledged that there have been problems at
the ECCC in terms of management of this project and we would be grateful for
any help we can get.”
– Rupert Skilbeck, head of ECCC defense support
The Japanese are the largest contributor to the tribunal
budget. Others are Britain, France, the European Union and India.
According to the new documents, the budget for the UN side
of the tribunal has leapt from an original $43 million to $134 million with the
vast majority of it, some $99 million, going on administration.
The Cambodian side of the tribunal would get $35 million
with the lion’s share again going to administration.
According to Rupert Skilbeck, head of the ECCC defense
support section, there are many different ways to run a hybrid tribunal, some
expensive and some cheap. The cheapest example of a UN hybrid tribunal was in East Timor, where the initial budget was just $6 million.
Another more cost-effective example of a hybrid tribunal is
the court of Bosnia and Herzegovina where, with a budget of some $10 million
per year, they are currently trying 400 individuals for war crimes and serious
crimes to a standard of justice that has to satisfy the European Court of Human
Rights.
“That budget was difficult to achieve but it was done by
excluding all unnecessary costs that were secondary to the judicial process and
by setting local salaries at competitive levels,” Skilbeck said. “For example,
all staff, including judges in the court, have to catch the bus to work. The
court has no vehicles.”
Moreover, at the Bosnia and Herzegovina tribunal it
was determined there was no need for security.
Skilbeck said one other way the Bosnia trial kept costs down was by
having a very streamlined administrative staff – for example, a personnel department of two to manage a staff of 400.
The vast majority of the new revised budget, however, would
go on staffing. The number of staff in the ECCC’s judicial offices has doubled,
and overall the court will be adding 28 UN posts.
The revised staffing rates for the UN side of the tribunal
are now estimated at 168 posts of which 65 are in the judicial offices and 103
in the Office of Administration. The Cambodia side of the tribunal is
estimated to need 362 posts with 62 of those being in the judicial offices and
300 in the Office Administration.
This estimate does not include a salary for the proposed
Special Advisor, a position many donors are eager to see established as soon as
possible.
The Cambodian government is not in favor of the idea. According
to several sources, Deputy Prime Minister Sok An told the UN last week the
position was not necessary.
“It is broadly acknowledged that there have been problems at
the ECCC in terms of management of this project and we would be grateful for
any help we can get,” said Skilbeck.
“Any international court needs expert advice on how to
operate. And now, with six international tribunals under its belt, there are
individuals with a broad range of experiences on how best to run hybrid
tribunals. It would be silly not to take advantage of that expertise in order
to make the ECCC as efficient as possible.”
The original budget of $56.3 million for three years was to
pay for five to ten persons to be tried.
The revised budget has been calculated on the basis of eight
accused.
Contact PhnomPenh Post for full article
Post Media Co LtdThe Elements Condominium, Level 7
Hun Sen Boulevard
Phum Tuol Roka III
Sangkat Chak Angre Krom, Khan Meanchey
12353 Phnom Penh
Cambodia
Telegram: 092 555 741
Email: [email protected]