Title	Cambodia: No solution to impunity: the case of Ta Mok
Publisher	Amnesty International
Publication Date	22 April 1999
Country	Cambodia
Topics	Access to procedures | Crimes against humanity | Impunity | Independence of judiciary | Military courts | Political situation | Pre-trial detention | Prison or detention conditions | Right to justice
Citation / Document Symbol	ASA 23/005/1999
Cite as	Amnesty International, Cambodia: No solution to impunity: the case of Ta Mok, 22 April 1999, ASA 23/005/1999, available at: https://www.refworld.org/docid/3ae6a9cac.html [accessed 8 June 2023]
Comments	On 6 March 1999, Chhit Choeun, more commonly known as Ta Mok, was arrested by the Royal Cambodian Armed Forces (RCAF) and brought to Cambodia's capital Phnom Penh, where he remains detained at the Military Prosecution Department Detention Facility. Ta Mok was the last leading member of the Khmer Rouge to remain at large in Cambodia; the others are dead or have defected to the government in the last three years. The arrest of Ta Mok, twenty years after the collapse of the Democratic Kampuchea (Khmer Rouge) government highlights the failure to date of the Cambodian authorities and the international community to bring to justice anyone connected with the grave human rights violations that took place in Cambodia between 1975 and 1979. However, it also brings into focus the weaknesses of the Cambodian judicial system, and the breaches of due process that are commonplace in almost all criminal trials in the country. The widespread and systematic nature of the human rights violations which were committed under the Democractic Kampuchea government between 17 April 1975 and 7 January 1979 constitute crimes against humanity under international law. Crimes against humanity, genocide and torture are crimes which are subject to universal jurisdiction; this means that all countries have the obligation to prosecute those accused of this kind of crime, regardless of the territory where the crimes were committed. The Cambodian government has stated its intention to bring Ta Mok to trial in Cambodia, in spite of conclusions of the February 1999 report by a UN Group of Experts, which recommends the establishment of an ad hoc international tribunal to bring to justice those believed responsible for the grave violations of human rights in Cambodia under the Democractic Kampuchea government. Impunity remains the most serious human rights problem in Cambodia today. It would be a tragedy for Cambodia and its people if the arrest of Ta Mok, instead of being the catalyst in the establishment of an international court which can deliver justice, serves simply to bury the truth and further institutionalize the impunity which lies at the heart of Cambodia's human rights problems. In present circumstances, Amnesty International believes that the interests of justice are not best served by a prosecution of Ta Mok in Cambodia, under Cambodian law, through a Cambodian court. A fair trial is always a minimum requirement for justice, in each and every case. This is true whether an individual stands accused of petty theft or involvement in one of the most notorious violations of human rights this century, including crimes against humanity. Amnesty International believes only an international option can ensure truth and justice in this and other possible Khmer Rouge cases, in a way that upholds international standards for fairness, and meets the expectations of the Cambodian people and the international community.
Disclaimer	This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.