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Remarks by
His Excellency Sean Visoth, Director of the Office of
Administration of the Extraordinary Chambers in the Courts of
Cambodia
at the Signing Ceremony of the Two Supplementary Agreements
between the United Nations and the Royal Government of Cambodia
Concerning the Prosecution under Cambodian Law of Crimes
Committed during the Period of Democratic Kampuchea
14 March 2006
Extraordinary Chambers in the Courts of Cambodia, Phnom Penh
We come together today to mark the occasion of the signing of
two Supplementary Agreements between the United Nations and the
Royal Government of Cambodia. While this occasion may not be as
dramatic as others in the establishment of a court and the
carrying out of a trial, it is nonetheless of equal importance
in that it represents the conclusion of the legal framework for
the establishment of the Extraordinary Chambers in the Courts of
Cambodia (ECCC).
On 6 June 2003, the main Agreement was signed by Their
Excellencies Hans Corell and Sok An. It stated clearly that two
Supplementary Agreements would need to be concluded to spell out
in detail the rights and obligations of each party regarding
Security and Safety and also regarding a number of matters
grouped together under the heading of Utilities, Facilities and
Services. Such specifics as laid out in these two Supplementary
Agreements had to be mutually agreed before the ECCC could
become operational.
A great deal of behind-the-scenes work has been undertaken
during the intervening period, both in New York and in Phnom
Penh. The main task has, of course, been the effort to secure
the financial underpinning for the ECCC. But alongside this
fund-raising endeavour, the start-up teams have been engaged in
determining its operational requirements – securing the transfer
of these premises; ironing out details of the alterations
required for it to serve as the court and office accommodation
for the ECCC; appointing the initial staff on both sides; and
preparing the public face of the ECCC, such as its emblem, which
represents the combination of a symbol of ancient Cambodian
justice with the olive branch of peace of the United Nations.
May I take this opportunity to say that although we are more
than satisfied with these premises, we still have to make some
further alterations and enhancements so that they meet the
requirements of the ECCC. For instance, today we have installed
temporary fans, as we do not yet have funds for the installation
of the air conditioning system. Likewise, construction of the
fence separating the ECCC from the military High Command, the
detention facility and safe housing for witnesses and roads,
guard houses and car parking facilities all await the successful
conclusion of the fund-raising phase of our work.
Permit me to outline briefly the content of the two
Supplementary Agreements.
The Supplementary Agreement on Security and Safety, to be signed
by the Deputy Director of Administration, Ms Michelle Lee
representing the United Nations and by His Excellency Em Sam An,
Secretary of State of the Ministry of Interior and Chairman of
the Extraordinary Chambers Security Commission representing the
Royal Government of Cambodia, reaffirms the Agreement’s
assignment of responsibility
for
the security, safety and protection of all persons referred to
in the Agreement to the Royal Government of Cambodia
(under
Article 24). It then goes on to divide operational
responsibility between the United Nations (for security within
the court room and the premises) and the Royal Government of
Cambodia (for general security outside the grounds of the ECCC).
It also outlines the rights and responsibilities of individual
security officers on both sides, including the right of the
United Nations to import and certain uniformed officers to bear
arms while on duty.
The Supplementary Agreement on Utilities, Facilities and
Services, to
be signed by the Deputy Director of Administration, Ms Michelle
Lee representing the United Nations and by myself representing
the Royal Government of Cambodia, likewise reaffirms the
responsibilities assigned under the main Agreement, but
amplifies and
outlines in some detail exactly which side is responsible for
different items of expenditure. These include on the United
Nations side equipment, vehicles, computer hardware and
software, telecommunications running costs, training, support
for the defence and for witnesses and victims. On the Cambodian
side responsibility is assigned for provision of the necessary
buildings for the court, for office accommodation, for detention
of defendants and safe housing of witnesses and victims
requiring protection, all electricity and water, and for
provision of services for telecommunications.
It is obvious that a clear delineation of these various
responsibilities between the two parties is absolutely necessary
as an underpinning for our work over the coming years. Drafts
for the two Supplementary Agreements were agreed last December,
and have now been finalised and approved by both sides, and the
appropriate delegation of powers have been assigned to the
officers who will sign the documents today.
I would like now to hand over to the Deputy Director of
Administration in her capacity as representative of the
Secretary-General of the United Nations.
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