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Cambodia-rights: UN rights envoy delivers bleak assessment of Cambodia
Stefan Smith
Agence France-Presse - November 5, 1999

PHNOM PENH, Nov 5 (AFP) - The UN human rights envoy to Cambodia has given yet another bleak assessment of Cambodia's human rights situation in his annual report released here Friday.

Painting a gruesome picture of widespread impunity, judicial corruption, domestic violence, police brutality and unsolved political violence, Thomas Hammarberg warned of "a deep crisis in people's trust in the justice system."

The envoy also demanded senior surviving leaders of the genocidal Khmer Rouge, none of whom have yet faced trial, be brought to justice in a court meeting international standards.

"The mass killings (committed by the Khmer Rouge) have had long-lasting effects," wrote the Swedish diplomat.

"They made more difficult later attempts to build strong democratic institutions in society ... contributing to the sad phenomenom of impunity in Cambodia."

Citing examples of court cases against military officials being dropped due to armed threats against judicial personnel, Hammarberg said: "All these aspects have contributed to a deep crisis in people's trust in the justice system.

"Many of the problems are enormous and require both strong political commitment and considerable other resources.

"Legal reforms alone will not solve the problems. Further and serious efforts are also required to investigate and bring to justice those responsible for the serious acts of politically-related violence during recent years."

He said the absence of arrests following a deadly grenade attack on an opposition Sam Rainsy Party rally in 1997 -- which left 16 dead and scores injured -- "does undermine the respect for the system of justice."

Hammarberg, who finishes his term as human rights envoy at the end of this year, also noted concern over domestic violence, high infant and maternal mortality rates and the rapid spread of HIV/AIDS.

Writing on the thorny issue of putting on trial surviving cadre from the "Killing Fields" regime -- blamed for the deaths of up to two million -- the envoy said there was "widespread hope" the UN could secure a trial meeting international standards.

"There is in my assessment a widespread hope in Cambodia that the ongoing contacts between the (Cambodian) government and the UN secretariat would lead to a trial," he wrote.

The often bleak existence of ethnic minorities in the country -- including northern hill tribes and ethnic Vietnamese communities -- was also raised.

Talks between the UN and Cambodia's government on a genocide trial have for months been deadlocked over demands from each side they hold the majority of judges and therefore overall control of proceedings.

However, Prime Minister Hun Sen last month said the United States and Cambodian governments had struck a compromise deal which could see the international community support a locally-based tribunal in which Cambodian judges hold a narrow majority but with overall control shared.

Diplomatic sources said the compromise sees a bench of three Cambodian judges and two foreign judges, but with four out of the five judges required to be in agreement for any indictment to be made.

Hammarberg said the formula should be supported by the international community if "guarantees for international standards of justice, fairness and due process of law" are given.

Critics have accused the government of seeking to dominate a trial to ensure some former leaders of the Khmer Rouge now in government ranks or living peacefully following defection deals avoid facing charges.

Cambodia has just two ex-Khmer Rouge figures in jail and awaiting trial -- military chief Ta Mok and Pol Pot's head of security Kang Kek Ieu, better known as torture chief Duch.

Ex-rebel "Brother Number Two" Nuon Chea, number-three Ieng Sary and public face Khieu Samphan currently live in peaceful retirement after their defections to government ranks.

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