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O 011044Z SEP 09 FM AMEMBASSY PHNOM PENH TO RUEHC/SECSTATE WASHDC IMMEDIATE 1136 C O N F I D E N T I A L SECTION 01 OF 03 PHNOM PENH 000648 SUBJECT: KHMER

ROUGE TRIBUNAL: FIVE MORE FOR PROSECUTION REF: A. PHNOM PENH 564 B. PHNOM PENH 264 C. PHNOM PENH 213 D. 07 PHNOM PENH 1203 E. 07 PHNOM PENH 956 Classified By: DCM THEODORE ALLEGRA FOR REASONS 1.4 (B, D) 1. (C) SUMMARY: The Pre-Trial Chamber at the Khmer Rouge Tribunal (KRT) will announce this week that five more high-level Khmer Rouge cadres will be prosecuted, although a small number of the proposed charges against some of the accused may be set aside for lack of evidence. The decision on an appeal by the international co-prosecutor, who could not secure the support of the Cambodian co-prosecutor, vindicates the special "supermajority" provisions of the court's rules and is another sign of progress to try Khmer Rouge leaders and "those most responsible" for genocide and crimes against humanity during the KR regime. END SUMMARY.

--------------------------------------------Confirmation of the Positive Decision Slow in Coming --------------------------------------------2. (C) The announcement, expected as early as September 2, comes just as the court has appointed William Smith as acting co-prosecutor for the international side, replacing Robert Petit who recently resigned for personal reasons. A new co-prosecutor will be named from among two UN nominees now before the Supreme Council of the Magistracy. News of a positive Pre-Trial Chamber (PTC) decision has been making the circuits in Phnom Penh since April (Ref B), but international sources at the court have stated that the timing of the announcement was the most crucial element for the judges and court administrators faced with a number of other burning issues, such as establishing an anti-corruption mechanism for the court. News of a satisfactory solution to the corruption problem (with significant assistance from the USG - Ref A), allowed the court to shift its focus to the PTC decision. The last two weeks have been devoted to translating the decisions on the five cases and preparing for their release on the ECCC website. ECCC Deputy Director Knut Rosandhaug (protect) told Pol/Econ Chief August 31 that the decisions would be released on September 2 without much fanfare. 3. (C) As with other prosecution-related decisions, the PTC will refer only to multiple cases of unidentified accused, and affirm coprosecutor Robert Petit's contention that these

cases fall within the carefully negotiated, narrow jurisdictional mandate of the court regarding KR senior leaders and "those most responsible" during the 1975-79 period. The identities of the accused will then go forward under seal to the Office of the co-Investigating Judges, who have the authority to sign off on preliminary indictments and call for the arrest and detention of the accused as part of a new Case 003. 4. (C) However, multiple sources at the court confirm that the co-investigating judges -- who are grappling with a massive, million-document case against four already accused KR leaders in the second indictment (Case 002 - Ref E) and trying to move that to a "Closing Order" by late summer 2010 -- can not now spend precious resources on a new Case 003. Instead, the judges will likely first receive and employ already promised resources for Case 002 and then await decisions by UN donors on additional resources for Case 003 when they convene at the KRT Steering Committee at the UN in the early fall. ----------The Accused ----------5. (C) The five suspects, all of whom reside in Cambodia, are considered among the most brutal implementers of the policies set by the Khmer Rouge leadership to purge the Communist Party of Kampuchea of traitors and "smash" them and execute countless others based on mere suspicion or for

petty offenses. At least two of these five were closely associated with former KR Defense Minister Ta Mok, known as "The Butcher". Three of the newly accused are well known to the public and the other two are reportedly known well in their local communities but do not have the same notoriety as the others. Newly accused Sou Met and Meas Muth headed KR military divisions and were known to send many to their deaths at the S-21 torture center. Both retain positions in the Royal Cambodian Armed Forces (RCAF) gained with their defection from the KR in 1996. Im Chaem was a Khmer Rouge District Chief in Banteay Meanchey province infamous for arbitrary executions. An (or "Ta An") was the head of District 105 Security in Ta Mok's home area where communalist policies were most extreme, failed miserably, and the ensuing protests were brutally suppressed. Little public information is available about a fifth accused known as Teut (or "Ta Teut"), but KRT prosecution sources refer to all of the accused as "command-level" associated with graphic evidence of mass murder and crimes against humanity. A sixth accused presented to the Pre-Trial Chamber was Van Rith, the former KR Commerce Minister, who died last November at the age of 70. Short biographic sketches follow: `-- Meas Muth (AKA Meah Mut): aged 70, was the former Khmer Rouge Division 164 commander, which included the navy of Democratic Kampuchea (DK), the official state name of Cambodia under the Khmer Rouge. As one of only nine division commanders, and as the son-in-law of Ta Mok, he was regarded as a fierce leader who sent many to their deaths. After defection, Meas Muth was assigned an RCAF command position in Battambang and lives there today. He is outspoken in

denying his responsibility and has reportedly "made noises" about stirring up trouble if he is publicly accused. -- Sou Met headed Division 502, which included the DK air force. He was allegedly directly involved in the transfer to S-21 of cadre who would later be executed. The accused in case 001, Duch, has named Sou Met in his testimony. Sou Met has also been in the RCAF in Battambang since his defection. -- Im Chaem, aged 65 and the only female among the newly accused, was a women's hero during the KR and the Khmer Rouge District Chief for Preah Net Preah in the province of Banteay Meanchey. She allegedly used the death penalty to rigidly enforce the brutal demands made by the KR of every-day laborers in the fields. She, too, has publicly protested any accusations against her. -- An (or "Ta An," which means uncle An) was the head of District 105 Security in Tram Krak, Takeo province, which had a reputation for extreme torture and punishment, not only against the educated, "class enemies" and poor performers, but also against the political rivals of Ta Mok, whose home village was in Tram Krak. -- Teut (or "Ta Teut") reportedly had a command level position. There appear to be no public records on Teut. As one ECCC prosecution source stated, donor governments are going to have to dig deep into their intelligence archives to find more information on some of the newly accused.

The former indicated in mark the end legal scope confirm that beyond these

UN co-prosecutor, Robert Petit, had public remarks that these five would of prosecutions by the ECCC under the of jurisdiction, and ECCC sources there are no plans to add more accused five.

----------------------------------------------Looming Questions: PTC Workload, Civil Parties ----------------------------------------------7. (C) In addition to the immediate issues of wrapping up the trial of S-21 torture center head Duch (Case 001) and preparations for Case 002, the court is considering whether to make the temporary PTC -- whose international judges come every few months for brief sessions -- a full-time enterprise with permanently resident international judges. Reportedly both of the current PTC judges (from the Netherlands and Australia) are nominally opposed to the move. Australian Ambassador Margaret Adamson told the Ambassador recently that while Australia has not yet made a decision formally to oppose the move, they do not support it at this time. She believes that consultation with the pretrial chamber judges to date has been inadequate, that the costs of having the chamber meet fulltime have been substantially underestimated and that a stronger case needs to be made for why the PTC should be in Phnom Penh. If this can be done, and if the costs are laid out more accurately, then all of the donors should support the move.

8. (C) ECCC sources also note that the defense team in Case 002 for "Brother Number 2," Nuon Chea, will unleash a tidal wave of appeals as soon as the co-investigating judges announce they are closing the investigation phase later this year. The work that this "very sharp" team of Dutch defense lawyers will bring will more than be adequate to justify the full-time presence of the PTC, according to court sources. Reportedly the PTC to date has taken on average more than six months in each of its decisions. In Case 002, where the accused are in precarious health, the court can no longer afford such long periods to prepare decisions, according to court administrators as well as international monitors. In addition, the PTC requires its own full-time staff, including judges' clerks who can help prepare decisions in rapid order, court sources say. These and other administrative issues, including funding, will be the subject of donor community discussion with ECCC officials in the third week of September as well as a meeting of the UN-based Steering Committee in early October. 9. (C) COMMENT: The confirmation of the prosecution of this group marks a very positive benchmark for the Khmer Rouge Tribunal and effectively fulfills the court's UN-supported mandate to bring not only Khmer Rouge leaders to justice, but also "those most responsible." The criteria for selection of the accused is clear: these are the surviving field commanders who took direct orders from the likes of DK Security Minister Son Sen and Pol Pot himself to carry out purges and "smashing" on a mass scale. Now the focus must turn to the very real logistical and

budgetary challenges facing the court -- especially given the pace of work expected for both the PTC and the co-investigating judges in the near term and the attention needed for a fledgling victims unit for the long-term -- to ensure that the ECCC structures can keep pace with the decisions its judges make. RODLEY (Edited and reading.) reformatted by Andres for ease of