Logo of Phnom Penh Post newspaper Phnom Penh Post - Loopholes, KR law

Loopholes, KR law

Loopholes, KR law

The United Nations' concerns about the KR tribunal law were communicated in a Jan

9 letter from UN Chief Hans Correl to Minister of the Council of Ministers Sok An.

The letter consisted of a list of changes imposed unilaterally by the Cambodian government

on the original draft agreed upon by Corell and Sok An.

Corell specifically requested that Sok An inform the Cambodian Senate of the UN's

concerns prior to the Senate debate on the bill.

Sok An did not agree to that request. Highlights of the UN letter are contained

below.

Articles 11, 21 & 27

It should be made clear that only foreign judges or prosecutors can be appointed

to substitute for the one's originally appointed.

Articles 24, 27 & 35

There is not reference to the fact that the accused shall be entitled to counsel

of his own choosing. This is a fundamental human right, as reflected in Article 14

of the International Covenant in Civil and Political Rights. We would therefore insist

that this language be re-introduced in the law.

Article 31

It is indicated that the [tribunal's] Deputy Director will be appointed by the

Royal Government of Cambodia. In our discussion, we made it very clear to the Cambodian

delegation that the individual who fills this position will be a UN staff member

and must therefore be appointed by the Secretary-General.

Article 40

The National Assembly has not included the second sentence in the July 7 draft

which reads: "An amnesty granted to any person falling within the jurisdiction

of the Chambers shall not be a bar to prosecution."

...[U]nless the law is changed to include the language that we had agreed upon

last summer, the UN will insist on having similar language included in the agreement.

Article 45

We find that the Russian language is still included in the draft. As I explained

to you in the past, this is of major concern to us. Unless you have a full undertaking

by the Russian Federation or some other Russian-speaking State that they would put

at your disposal interpreters and translators, you simply will have to take this

provision out of the law. Furthermore the fact that there is a third language added,

will, as I have explained in the past, entail an almost 50% increase of the cost

for the administration, translation and interpretation.

MOST VIEWED

  • Hun Sen: Full country reopening to be decided in two weeks

    Prime Minister Hun Sen has announced that if the Covid-19 situation remains stable for 15 consecutive days from the end of the October 5-7 Pchum Ben public holiday, Cambodia will reopen fully, albeit in the context of Covid-19 whereby people have to adjust their lives to

  • Will Evergrande change the way Chinese developers do business in Cambodia?

    China’s property sector policy has exposed the grim financial condition of real estate developers including those operating in Cambodia, which raises questions over the viability of their projects and business going forward The dark blue netting draping over one of Yuetai Group Co Ltd’

  • Phnom Penh governor: Show Covid-19 vaccination cards, or else

    Phnom Penh municipal governor Khuong Sreng late on October 5 issued a directive requiring all people aged 18 and over and the parents of children aged 6-17 to produce Covid-19 vaccination cards when entering schools, markets, malls, marts, eateries and other business establishments that have been permitted

  • Cambodia seeks probe into 'false reports' on Hun Sen's alleged Cypriot passport

    Minister of Justice Koeut Rith on September 6 wrote a letter to his Cypriot counterpart Stephie Dracos requesting cooperation in investigating and providing the truth in relation to the "exaggerative and false allegations" that Prime Minister Hun Sen holds a Cypriot passport. In his letter, the

  • Cambodia sets new Covid-19 quarantine rules

    The government has modified Covid-19 quarantine requirements, shortening the duration for, among others, Cambodian officials, foreign diplomats and delegations, investors and inbound travellers in general. According to an official notice signed by Minister of Health Mam Bun Heng late on October 16, quarantine length for Cambodian

  • 'Pandora Papers' expose leaders' offshore millions

    More than a dozen heads of state and government, from Jordan to Azerbaijan, Kenya and the Czech Republic, have used offshore tax havens to hide assets worth hundreds of millions of dollars, according to a far-reaching new investigation by the International Consortium of Investigative Journalists (