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Civil society's concerns

Civil society's concerns

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."

  1. ...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.

  2. 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?

  3. 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?

  4. 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?

  5. 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?

  6. 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?

  7. Will the pardon/amnesty granted by the King to Mr. Ieng Sary prevent him from

    being prosecuted under this law?

  8. 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?

  9. On what basis and according to what procedure will judges be required to remove

    themselves on the grounds of conflict of interest?

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