New Anticorruption Measures at Khmer Rouge Tribunal Are Insufficient

NEW YORK—New measures to combat corruption at Cambodia’s Khmer Rouge tribunal fall short, the Open Society Justice Initiative said in a report released today. According to the report, donors to the court must work to further strengthen the anticorruption effort.

The court, officially known as the Extraordinary Chambers in the Courts of Cambodia, announced last week the appointment of an independent counselor responsible for pursuing corruption complaints, as part of a broader anticorruption package. While welcoming this effort, the Justice Initiative report notes that much more must change for the court to root out corruption. The new complaint mechanism must protect witnesses and whistleblowers, operate transparently, have the power to conduct independent investigations, and address previous corruption complaints—which have dogged the court for over two years.

“The agreement to create the independent counselor is a good first step in the process of creating an adequate anticorruption mechanism at the court, but much more work remains,” said James A. Goldston, executive director of the Open Society Justice Initiative. “More sustained leadership by donors, particularly the United States—which brokered this deal—is needed in the coming months to ensure that the package can work effectively and that staff can trust it.”

According to the Justice Initiative’s report, the new anticorruption package:

• Lacks any formal process to protect whistleblowers and witnesses;
• Fails to require the independent counselor to report publicly any information about corruption complaints or his own activities, making it impossible to know if corruption exists and whether it has been addressed effectively;
• Provides no mechanism or human resources for independent investigations in case private consultations fail to resolve complaints;
• Makes no provision for addressing previously existing corruption allegations.

“With the first trial nearing its conclusion, now is the time for donors to implement the additional measures to correct the system’s current flaws,” said Goldston. “Otherwise, they will lose the opportunity to finally free the court from the corruption allegations that have plagued it for too long.”

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The Open Society Justice Initiative pursues law reform activities grounded in the protection of human rights, and contributes to the development of legal capacity for open societies worldwide. The Justice Initiative combines litigation, legal advocacy, technical assistance, and the dissemination of knowledge to secure advances in the following priority areas: anticorruption, equality and citizenship, freedom of information and expression, international justice, and national criminal justice. Its offices are in Abuja, Budapest, London, New York, and Washington DC.