Civil Society’s Interest in Khmer Rouge Tribunal
April 2004

SILAKA has joined NGOs meetings in the discussion of the Khmer Rouge Tribunal. The Cambodian Government has signed a memorandum of agreement with the United Nations to create a special chamber to trial the genocide crime of the top leaders of the Khmer Rouge. The agreement is stalled because of the political deadlock of the 3rd term government and the National Assembly. It is waiting for the final passage from the National Assembly and the Senate for it to take place. The Open Society Justice Initiative, OSJI, from the United states, have brought international expert on genocide tribunal in Rhonda and Sierra Leone to share the experiences with the NGOs in March and early April.

SILAKA has joined in the discussion and the planning of what can be done to help the NGOs in Cambodia ready prior to the trial. Several NGOs have joined in the discussion and planning. They also have called for an international standard of a tribunal with a petition that has 99 signatures coming from 30 organizations.

The petition was sent to the Khmer Rouge Trial Task Force and the Council of Magistracy for consideration.

To put your name on the list and to get a copy in Khmer, please contact SILAKA at 023-21 7872. To find out more on the Trial and update go to www.cambodia.gov.kh/krt/

The NGOs Meeting to discuss the Up Coming Khmer Rouge Trial- March 22, 2004 at SILAKA office

CIVIL SOCIETY CALLS FOR INTERNATIONAL STANDARDS FOR THE KHMER ROUGE TRIBUNAL
7 April 2004

We, members of Civil Society, would like to send best wishes for the New Year to the Royal Cambodian Government and the United Nations, and hope they will grant Cambodia a bright and happy New Year. We hope that a fair, credible, transparent and independent tribunal for the Khmer Rouge can bring renewed hope for Cambodian society. This tribunal should be based on the agreement between the RCG and UN which was signed June 2003. To release us from the past and to move forward in the future, we encourage the following:

1. CRITERIA FOR JUDGES – Candidates must be be individuals of integrity and ability with appropriate training or qualifications in law, and must:

• be persons of high moral character, impartiality and integrity, and be highly respected;
  
• be committed to being independent in the performance of their functions and shall not accept or seek instructions from any Government or any other source;
  
• be chosen from among persons who are not likely to be repeatedly disqualified from cases, such as those who have personal interest in the case or any personal association, or those who were previously involved in any capacity in a case at the national level involving a person likely to be investigated or prosecuted by the tribunal in question;
  
• possess the qualifications required in their respective countries for appointment to judicial office;
  
• have experience as a current or previous judge and/or have experience in “criminal law [or] international law, including international humanitarian law and human rights law;
  
• have completed their legal training and hold a university degree in law or equivalent;
  
• have relevant work experience in the field of law ranging from at least three to seven years.

2. CANDIDATES SHOULD BE SELECTED THROUGH AN OPEN AND FAIR APPOINTMENT PROCESS:

• Judicial vacancies should be publicly announced and disseminated;
  
• Applications should be rigorously reviewed;
  
• Representatives of civil society should be consulted;
  
• Appointments should be carried out according to objective and transparent criteria based on proper professional qualification and gender parity, and selection should be carried out by an independent body that includes judges;
  
• Any method of judicial selection shall safeguard against judicial appointments for improper motives. In the selection of judges, there shall be no discrimination against a person on the grounds of race, colour, sex, religion, political or other opinion, national or social origin, property, birth or status.

Signatures on attached pages.

CIVIL SOCIETY CALLS FOR INTERNATIONAL STANDARDS FOR THE KHMER ROUGE TRIBUNAL
7 April 2004

List of Civil Society Organizations