A top official on Tuesday told Cambodian lawmakers to proceed with the executive branch’s draft law on how to try former Khmer Rouge leaders, affirming a tough government stance on how suspects will be prosecuted.
Minister of Cabinet Sok An told the National Assembly’s legislation commission the executive branch will not make any changes to its law, despite agreements made with the UN during intense negotiations last week. The go-ahead apparently ignores the UN’s desire to retain control over the prosecution.
After talks concluded last week, the only sticking point that remained is whether the UN has independent prosecuting power, or whether the Cambodians also have a say in a system of “co-prosecutors.”
The two sides clarified each other’s positions and agreed on three other outstanding issues, which, if perhaps vaguely, already are spelled out in the executive’s draft law.
They are: assurances that the Cambodian government will arrest those charged in the trial, and will not seek pardons of those convicted or allow past pardons to apply in the trial; and a provision that Cambodian judges will hold a majority on the court as long as one UN-appointed judge votes along with this majority to make a ruling.
Sok An said the government is not willing to wait for the UN, and the Assembly should pass the law as is—with the “co-prosecutor” system clearly spelled out.
Diplomats close to the negotiations, however, have said some details of who would prosecute suspects still can be resolved outside the actual law. Moreover, Sok An hinted the Assembly might be able to make some changes to the law.
“What will be decided by the National Assembly in April will be the final result of our draft law,” he said.
But he added: “If we wait for the result of UN negotiations, it could take one or two years.”
The government frequently has talked tough with the UN, but in the end inched toward compromise. Prime Minister Hun Sen is expected to meet UN Secretary-General Kofi Annan next month at a summit in Cuba, their second meeting this year.
The first was in Bangkok last month, when the two agreed on sending a UN delegation to Phnom Penh. Hun Sen’s critics say he is merely buying time to shore up support both inside and outside Cambodia for a compromise with the UN.
Hanging in the balance is whether the UN will be involved at all. UN authorities have said minimum international standards—such as a fair and unbiased prosecutor—must be met if it is to sponsor the trial.
Cambodia’s executive branch passed its version of the law in January. The full Assembly is set to debate the law on April 20.
A top official on Tuesday told Cambodian lawmakers to proceed with the executive branch’s draft law on how to try former Khmer Rouge leaders, affirming a tough government stance on how suspects will be prosecuted.
Minister of Cabinet Sok An told the National Assembly’s legislation commission the executive will not make any changes to its law, despite agreements made with the UN during intense negotiations last week. The go-ahead apparently ignores the UN’s desire to retain control over the prosecution.
After talks concluded last week, the only sticking point that remained between the two sides is whether the UN has independent prosecuting power, or whether the Cambodians also have a say in a system of “co-prosecutors.”
The two sides clarified each other’s positions and agreed on three other outstanding issues, which, if vaguely, already are spelled out in the executive’s draft law.
They are: assurances that the Cambodian government will arrest those charged in the trial, and will not seek pardons of those convicted or allow past pardons to apply in the trial; and a provision that Cambodian judges will hold a majority on the court as long as one UN-appointed judge votes along with this majority to make a ruling.
Sok An said the government is not willing to wait for the UN, and the Assembly should go ahead and pass the law as is—with the “co-prosecutor” system clearly spelled out.
Diplomats close to the negotiations, however, have said some details of who prosecutes suspects still can be resolved outside the actual law. Moreover, Sok An hinted the Assembly might be able to make some changes to the law.
“What will be decided by the National Assembly in April will be the final result of our draft law,” he said.
But he added: “If we wait for the result of UN negotiations it
could take one or two years.”
The government frequently has talked tough with the UN but in the end inched toward compromise. Prime Minister Hun Sen is expected to meet UN Secretary-General Kofi Annan next month at a summit in Cuba, the second such meeting this year.
The first was in Bangkok last month, when the two agreed on sending a UN delegation to Phnom Penh. Hun Sen’s critics say he is merely buying time to shore up support both inside and outside Cambodia for a compromise with the UN.
Hanging in the balance is whether the UN will be involved at all. UN authorities have said a minimum of international standards— such as a fair and unbiased prosecutor—must be met if it is to sponsor the trial.
Cambodia’s executive branch passed its version of the law in January. The full Assembly is set to debate the law on April 20.
