VZCZCXRO0702
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #2046/01 3201124
ZNR UUUUU ZZH
O 161124Z NOV 06
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7611
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 1555
RUCNDT/USMISSION USUN NEW YORK PRIORITY 2197

UNCLAS SECTION 01 OF 02 PHNOM PENH 002046 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS; S/WCI 
 
E.O. 12958: N/A 
TAGS: PHUM KJUS EAID CB
SUBJECT: ECCC ISSUES DRAFT INTERNAL RULES 
 
 
 ¶1.  (SBU)  Summary.  The Khmer Rouge Tribunal's (ECCC) Rules 
Committee released the draft internal rules for public 
comment on November 3, providing two weeks for civil society 
and others to give feedback on the proposed rules.  Informal 
soundings from sources within the ECCC, the diplomatic 
community, as well as NGO observers suggests that there are 
several contentious areas receiving attention, particularly 
with respect to allowing victims to become civil parties to 
the proceedings, as well as in absentia trials.  The good 
news is that the draft rules represent a good starting point 
for the judges' plenary session discussions, which will begin 
on November 20 and end on Friday, November 24 when the judges 
hopefully will finalize and vote on the ECCC's internal 
rules.  End Summary. 
 
Draft Internal Rules Issued 
--------------------------- 
 
¶2.  (U)  On October 27, the Rules Committee finished the 
draft internal rules and procedures governing the offices and 
work of the Extraordinary Chambers in the Courts of Cambodia 
(ECCC).  The draft rules were posted on the court's website 
on November 3 in the three languages of the court:  English, 
Khmer, and French.  The ECCC is allowing two weeks for public 
comment, which has been forthcoming from quarters within the 
ECCC, the diplomatic community, as well as civil society and 
NGO observers.  Public comment received so far, however, has 
not been as great as expected, noted UN public affairs 
officer Peter Foster, who told us that the Cambodian media 
and civil society groups have been slow in responding. 
Foster opined that despite ECCC assurances that the 82-page 
draft rules would be available for public comment, many 
reportedly did not believe that it would happen.  (Note: 
Given that many local NGOs have little experience with 
international law and genocide trials, they have been slow to 
weigh in on rules drafted by qualified jurists.  Our 
understanding is that the international members of the rules 
committee did the lion's share of the work in developing the 
draft.  End note.) 
 
¶3.  (SBU)  According to several sources, the major area for 
upcoming discussion during the plenary session will likely 
center on the proposed role afforded to victims and victims 
associations as civil parties to the proceedings.  Opening 
the door to victims on such a potentially large scale could 
have a significant impact on the court.  The Japanese Embassy 
is particularly sensitive to this point, and raised it at the 
last Friends of the ECCC meeting, as well as more recently 
with Emboffs.  In addition to the time and administrative 
burden, the Japanese are worried about the added financial 
burden to a court that is already struggling with inadequate 
financing.  Rule 27, Section 10 in the draft states that 
civil parties unable to afford an attorney may be able to 
seek financial assistance from the ECCC's proposed Victims 
Unit.  This is bracketed language that is open for 
discussion, but it is clear that the Japanese will oppose it 
and the Japanese judge reportedly is opposed as well. 
 
¶4.  (SBU)  Another issue emerging as a topic of debate 
surrounds in absentia trials, which are allowed under 
Cambodian law but are not consistent with international 
standards.  We understand that members of the rules committee 
disagreed on this subject along international/Cambodian 
lines.  One international ECCC source noted that the 1979 in 
absentia trials of Pol Pot and Ieng Sary following the 
Vietnamese occupation of Cambodia were roundly dismissed as 
political show trials and not recognized as legitimate by the 
international community.  The source continued that it was 
disappointing that the Cambodian judges continue to support 
in absentia trials, noting that when Cambodian law and 
international law are contradictory, the ECCC will follow 
international law as stipulated in the UN-RGC agreement. 
 
¶5.  (SBU)  The Open Society's Justice Initiative is preparing 
a commentary on the proposed rules, focusing on a number of 
areas, including the role of victims in the proceedings and 
in absentia trials.  ADHOC, the Cambodian Defenders Project 
(CDP), Legal Aid for Cambodia (LAC) and other NGOs are 
submitting comments to the umbrella human rights group, the 
Cambodian Human Rights Action Committee, for joint input to 
be finalized before the ECCC's deadline for submission. 
Commentary will center on the supermajority decision-making 
process, victim participation, public access, and rights of 
the defendants.  Dina Nay of the Khmer Institute for 
Democracy is concerned about protection of defendants' rights 
and in absentia trials. 
 
Comment 
 
PHNOM PENH 00002046  002 OF 002 
 
 
------- 
 
¶6.  (SBU)  The attention focused on victims as civil parties 
within the draft rules has been attributed to the deputy 
international co-investigating judge, who reportedly has a 
strong interest in victims' rights and their role in 
international tribunals.  However, we have heard a consistent 
message that the draft rules reflect a reasoned attempt to 
codify the ECCC's internal rules and regulations, and a good 
point of departure for the plenary session's consideration 
and debate from November 20-24.  There has been some 
criticism of minor points throughout the document, but we 
anticipate that victims and in absentia trials will be two 
main areas of discussion.  The pressure will be on the judges 
to arrive at consensus by the end of the plenary, as the 
prosecutor's office reportedly is prepared to issue 
indictments before the year's end.  U.S. judge Martin 
Karopkin plans to call on the Ambassador during the plenary 
to update us on the ECCC's progress.  End Comment. 
MUSSOMELI