Victims of Cambodia's Khmer Rouge Fear Derailment of Trials

The Cambodian judges are in the majority. But the tribunal's rulings must be delivered with the vote of at least one foreign judge.

In acrimonious meetings in November, however, the judges failed to agree on basic rules of legal procedures to start the trials. U.N. officials have pushed for international standards -- including independent roles for prosecutors and defense attorneys, as well as a more complete witness protection program. The Cambodians have argued that accepting all such demands would amount to a violation of their sovereignty.

"We wish that those entities who constantly look at the process in a negative way [would] take more balanced views on their stands by trying not to blackmail the Cambodian judiciary system, sovereignty and national honor," Chea Sim, president of the Cambodian People's Party, said in a speech this month.

Now, U.N. officials say, the entire trial process is in jeopardy. The tribunal -- estimated to cost about $60 million -- has been funded for only three years.

Robert Petit, the tribunal's U.N.-appointed co-prosecutor, said in a recent interview that his team has already gathered substantial evidence and eyewitness testimony and is prepared to start issuing indictments "tomorrow." But it cannot do so until the Cambodian-controlled court agrees to accept international standards.

Observers say the probes launched by U.N.-appointed investigators may be moving far faster than the Cambodian government had counted on, particularly given that several high-ranking members of the ruling party, including Prime Minister Hun Sen, are former Khmer Rouge members who could be uneasy about such highly public trials. Although the court is likely to indict only a handful of those former Khmer Rouge members most responsible for war crimes, the testimony that could emerge could prove embarrassing for the government. Some have suggested that the Chinese, now the largest source of foreign investment here, have pressured the Cambodians to delay the trials to avoid revealing the extent of Beijing's long support of the Khmer Rouge.

"The prosecutors have moved so quickly and so well that [the Cambodian government] may be saying, 'Whoa, we need to slow this train down,' " said Joseph A. Mussomeli, the U.S. ambassador to Cambodia. Echoing calls for the Cambodians to agree to international legal standards, he added, "We want the trial, but the only thing worse than no trial is a trial that is a farce."

Human rights organizations have argued that even if a high legal bar is adopted, the tribunal has already been compromised. One Cambodian judge on the panel led an appeals court that overturned felony charges against the prime minister's nephew. Another judge has been singled out by human rights groups for presiding over the questionable 2005 conviction of a key opposition member of parliament for anti-government activities.

"What you've seen is the government selecting some of the worst choices from the Cambodian judiciary," said Sara Colm, Cambodia director for Human Rights Watch. "Some of those who have been appointed are notorious for presiding over show trials and have track records of acting based on political instructions instead of evidence."

The Cambodian government has strongly denied allegations of political interference and has defended the quality of the judges and its right to use Cambodian law.

"Do not forget that these trials were the idea of the Cambodian government, not the international community," said Khieu Kanharith, a government spokesman and member of parliament from the People's Party. "We are determined to see these trials go ahead, and they will."

But the victims of the Khmer Rouge, who have already waited much of their lives for justice and fear that the regime's leaders might die before they face trial, are not so sure anymore.

"We were promised justice, but I am losing faith," Sok said.