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United States Senate COMMITTEE ON APPROPRIATIONSWASHINGTON DC 20510-6025 March 6, 2003 The Honorable Kofi Annan Secretary-General United Nations 38th Floor, United Nations Headquarters New York, New York 10117 Dear Mr. Secretary General: It has come to our attention that Under-Secretary General and Legal Counsel Hans Corell is scheduled to travel to Phnom Penh next week to resume discussions with the Cambodian Government on the formation of a Khmer Rouge tribunal. As long as the Cambodian Government continues to ignore the rule of law, this trip is ill timed and ill advised. A few weeks ago, the Cambodian Government incited riots in Phnom Penh that caused some $50 million worth of damage to Thai public and private interests. Prime Minister Hun Sen - who openly fanned the flames of nationalism on the Cambodian street - failed to protect the Embassy of Thailand and Thai owned businesses. Instead, the Cambodian Government arrested and harassed opposition and democratic activists, causing some to take extraordinary precautions to ensure their safety. There has been no accountability for those who incited, supported or sanctioned the riots. Further, several political assassinations took place in Cambodia - both in Phnom Penh and the countryside. After former parliamentarian Om Radsady was gunned down in broad daylight in the capital, the Ministry of Interior and Prime Minister Hun Sen speculated that theft of his cellular telephone was the motive of crime. This adds insult to Radsady's tragic murder. Needless to say, there has been no accountability for the killing of political activists in Cambodia. You know already of our concern that Cambodia's notoriously corrupt legal system may compromise the integrity of the tribunal, and our belief that Prime Minister Hun Sen does not posses the political will necessary to permit a fair and impartial tribunal. The events of the past few weeks underscore the complete and total absence of the rule of law in Cambodia. It is a fair question to ask how the people of Cambodia can expect justice from their government for crimes committed by the Khmer Rouge, when justice for murders committed last month go unresolved and unpunished. Mr. Corell should postpone his trip to Phnom Penh until such time that the Cambodian Government demonstrates its commitment to human rights, democracy and the rule of law. A 'business as usual' approach with Prime Minister Hun Sen in the wake of these incidents sends the wrong message to the people of Cambodia who look to the international community to hold their government accountable and to uphold the principles of democracy and human rights. We appreciate your consideration of our views. Sincerely, [signed] [signed] MITCH McCONNELL PATRICK LEAHY Chairman Ranking Member Foreign Operations Subcommittee Foreign Operations Subcommittee
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