91997E2348

WRITTEN QUESTION E-2348/97 by Patricia McKenna (V) to the Council (18 July 1997)

Subject: Bringing Khmer Rouge leaders to trial

A recent report by Amnesty International called on the international community to help bring Khmer Rouge leaders who are believed to have been responsible for gross human rights abuses in Cambodia to justice and to ensure that they receive fair trials.

Amnesty stated that there was a persistent lack of fairness and transparency in the Cambodian judicial system and 'efforts to implement reforms have been hampered by tensions within the coalition government'. For that reason the Cambodian judicial system would encounter formidable difficulties in ensuring trials for the Khmer Rouge leaders which meet international standards of fairness.

Because the charges which Khmer Rouge leaders are likely to face include breaches of the Geneva Convention - which are crimes of universal jurisdiction - Khmer Rouge leaders may be tried in any state.

What measures does the Council propose to take to ensure that Khmer Rouge leaders facing charges of human rights abuses can receive fair trials in EU states so that the perpetrators of the abuses that have plagued Cambodia for decades can be brought to justice?

Joint answer to Written Questions E-2348/97 and E-2744/97 (17 November 1997)

1. The European Union has followed with concern the recent developments in Cambodia. In particular, it has made representations to King Sihanouk and the two joint Prime Ministers, Ung Huot and Hun Sen, in order to obtain political guarantees for a rapid return to constitutional normality in Cambodia.

The European Union has expressed its concern at allegations of summary justice and disappearances following the coup of 5 July 1997. The European Union has asked for the maximum amount of light to be shed on these reports and for respect for human rights to be stored immediately.

Confirmation of the above has been provided by the Cambodian Government.

2. The part played by the Khmer Rouge has been a determining factor in the recent Cambodian crisis, which led to Prince Ranarriddh being ousted as joint Prime Minister. In fact, the Khmer Rouge still hold territories in the north of the country.

The European Union is in favour of a negotiated solution between all parties which are prepared to accept constitutional legality, with a view to national reconciliation.

It is agreed that perpetrators of extortion and crimes against humanity as defined by the Geneva Convention must be brought to justice as soon as possible.