‘This country has a long way to go.'

Canadian co-prosecutor Robert Petit. In his opening statement, he told the
tribunal that hearing the facts would give back to the victims of the Khmer
Rouge the dignity that was denied to them in their last moments. After three
years in Cambodia, Mr. Petit resigned, effective this week, citing personal
reasons, and will resume his work for the federal Justice Department in
Ottawa. “It’s obvious that some people in the government, from the prime
minister downward, think they have a right to tell the courts what to do
here,” he said in an interview, addressing the issue of political
interference in Cambodian courts. “It’s not their job to take that on. It’s
mine. It’s the court’s.” Jared Ferrie

Canadian prosecutor Robert Petit speaks out about his bitter struggle to
bring more killers to justice

Phnom Penh — Last updated on Monday, Sep. 07, 2009 02:42AM EDT

This week Canadian lawyer Robert Petit's three-year stint as co-prosecutor
for Cambodia's war-crimes tribunal officially came to an end. He cited
“personal and family reasons” for his departure, but it's widely believed
that political pressure is really to blame.

Co-sponsored by the United Nations and Cambodia, the tribunal has cost
$150-million but so far just five aging Khmer Rouge leaders have been
charged, with only one brought to trial.

Mr. Petit, a 48-year-old veteran of conflict remediation in Rwanda, Bosnia,
East Timor and Sierra Leone, says he has solid cases against another six
veterans of the regime.

Cambodia's prime minister, himself a former Khmer Rouge officer as are many
of his political allies, has said he'd rather see the court fail than expand
its caseload because another civil war could result. But on Wednesday, a day
after Mr. Petit's resignation took effect, the tribunal's Cambodian judges
failed to persuade their international counterparts to block any new
investigations.

Just before he left Cambodia, the usually tight-lipped Mr. Petit spoke
candidly with Jared Ferrie, a Canadian writer based in Phnom Penh, about the
challenges he faced.

On political interference

“It's obvious that some people in the government from the Prime Minister
downward think they have a right to tell the courts what to do here. … It
certainly speaks volumes about the work that remains to be done in this
country …”

During a public meeting, “one older gentleman got up and asked me, ‘How is
it possible that you want some more suspects when the government said there
shouldn't be?' He was genuinely puzzled. As long as people believe this is a
fair question, this country has a long way to go.”

What about fears that too many trials will rekindle the civil war?

“I think that's hogwash. Cambodians have paid such a high price for their
peace and current stability that nobody's going to take to the bush for a
few old geriatric mass murderers. It's not going to happen … To a certain
extent, people who oppose that are probably still profiting one way or
another from it, from impunity.

“It's always the red herring that's raised by politicians whenever
accountability threatens the status quo. I think it's been proven time and
time again – at least in terms of accountability for mass crimes – that on
the contrary, accountability is one of the essential steps toward
reconciliation and stability.

Does it matter if suspects die before their trials?

“That's one of the things that keeps me awake at night … Without these
people, these events would not have happened. Their story holds the key for
the Cambodian people to understand why it happened and hopefully learn from
that. So I think it's fundamental that these remaining individuals face
trial.”

Will other cases be like Duch's?

“It's going to be much different because, as far as I know, none of the
other accused have admitted any kind of responsibility. …

“As far as I'm aware, only people kill people. A system itself is nothing
without people that either create it, run it, or implement it.”

What motivates him

“One of the greatest things we have living in Canada is to be able to count
on the rule of law … I've never wanted to be anything but a prosecutor. And
being able to prosecute these types of individuals for these types of crimes
and bringing some justice to the victims of the worst possible violations –
I think there's no better deal.”

But there are limitations“My neighbour in Ottawa was a Cambodian family.
Both were refugees, both made it through the Khmer Rouge, both lost members
of their family. The lady was supportive, saying, ‘You're going to do your
best; whatever happens it will be at least that.'

“The husband was furious with me for even taking the job: ‘Where were you
and where was the UN when my family was getting killed? Where are you now
with all the millions you're going to spend when my current family members
are eating grass?'

“And both of these opinions are legitimate. Both of these feelings you have
to respect. … A lot of people come to the court and go away disappointed.
These courts generally speaking will prosecute people who never got their
hands dirty, the architects or the high-level commanders, which is one of
the things that I'm trying to achieve with these additional prosecutions.
You can always find killers.”

On leaving Cambodia

“Of all the places I've dragged my family to, this has certainly been the
best, and it's with great reluctance and great sadness that we are leaving.

“It's been a wonderful personal experience living here. My wife and kids
have been very happy living here and unfortunately it has to end at this
point.”