A/HRC/7/42 page 19 service in the tribunal would enable the judges to “rebuild their reputations”15 The Prime Minister described those who made the criticisms as “animals” who “want to seduce their own parents”.16 83. It is likely that these appointments were decided by the Government rather than the SCM, like the removal of the President of the Appeal Court and replacement by Judge You Bunleng of ECCC (as is clear from the relevant Royal Decree).17 Under criticism from the Special Representative and the Special Rapporteur for the Independence of Judges and Lawyers and other quarters, the Government “clarified” that You Bunleng would for the time being remain with ECCC while simultaneously discharging his duties as President of the Court of Appeal. 84. The Expert Group observed that the objectives of the trials would not be achieved if the Cambodian people did not have confidence in the fairness of the process, but regarded it as a partisan political exercise. Furthermore, although the jurisdiction of ECCC was restricted to “senior leaders of the Democratic Kampuchea and those who were most responsible for the crimes committed”, if only the persons currently in the custody of ECCC are accused, the people may not feel that this is adequate. The real test will be if a suspect in or close to the Government is investigated and brought before the ECCC.18 85. The Cambodia/international division is replicated at the level of administration, at Government insistence. On the Cambodian side there have been numerous, serious, administrative irregularities. There have been widely publicized allegations that the Cambodian appointees of the ECCC had to share their entire first salary and 20 to 30 per cent of their subsequent salary with senior political figures.19 A special UNDP audit found that many staff whose posts were not authorized or budgeted for were appointed; there were salary increases for some staff appointed by the Government of Cambodia, as much as “from 54 to 338 per cent”. 15 Ibid., p. 25, quoted from Prak Chan Thul, “KR trial will redeem judges: spokesman”, Cambodian Daily, 6-7 May 2007. 16 Ibid., p. 25, quoted from speech at the Phnom Penh Royal Administration School’s graduation ceremony, 11 May 2006. 17 Joint public statement by the Special Representative and the Special Rapporteur on the independence of judges and lawyers, 23 August 2007. 18 The Expert Group, which had envisaged about 20 accused, said that “to the extent that fair trials may reveal a different historical picture from that asserted by the Cambodian People’s Party, with the involvement of additional people, the Government may have concerns about a tribunal over which it does not exercise control” (para. 98, A/53/850; see also S/1999/231). 19 Open Society press statement 14 February 2007, and interviews with ECCC staff members.

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