Friday, May 05, 2006

Judges for Khmer Rouge trial named

By Cat Barton and Vong Sokheng
Phnom Penh Post, Issue 15 / 09, May 5 - 18, 2006

The long-awaited trial of former Khmer Rouge leaders took a crucial step forward on May 4 as the Supreme Council of Magistracy, headed by King Norodom Sihamoni, selected the Cambodian and United Nations judges, prosecutors and investigating judges who will preside over the genocide tribunal.

Following hours of deliberation, the Supreme Council of Magistracy decided upon its final list of judicial officers, said Helen Jarvis, adviser to the office of the Council of Ministers.

Officially, the names have not yet been made public - this will come only when the King has signed a Royal Decree on the appointments - but a copy obtained by the Post was confirmed to be accurate by tribunal spokesman Peter Foster.

"Although we do not have the names of the judges," he said. "We have been told it will not be different from that leaked this morning."

Information released by the Extraordinary Chambers in the Courts of Cambodia (ECCC) on May 4 described the selection of judges as "a highly anticipated milestone" in the trial's development.

According to the news release, the appointments have sent "a clear signal to the people of Cambodia and members of the international community that the United Nations and Royal Government of Cambodia are firmly committed to the judicial process."

The nine member Council of Magistracy, headed by King Sihamoni, unanimously agreed on the final candidates, said Council member and Justice Minister Ang Vong Vathana.

In a telephone interview after the meeting, Vathana said it had been difficult to select the lists of international and national judges.

"We didn't know the international judges," he said. "But we knew the Cambodian candidates."

In the run-up to the trial, some observers have expressed concern that the inclusion of Cambodian judges would jeopardize the trial.

The Cambodian Human Rights Action Committee urged the Supreme Council of Magistracy on May 2 to take great care in its selection of Cambodian candidates.

According to the ECCC, the selection process for national positions included a thorough investigation into each candidate's professionalism, integrity and impartiality.

Vathana said he was confident "the Cambodian judges selected have the ability they need to perform their roles."

The selection of judges marks an acceleration in the trial's progress. Although the actual trials will not start until early 2007, preliminary legal procedures will commence following the arrival and swearing in of all judicial officers, which Jarvis said was expected in the first week of June.

"The first to arrive will be the co-prosecutors and then the co-investigating judges," said Jarvis. "The legal process [in the form of] a preliminary request for indictments, will start then."

Khmer Rouge trial judicial officers


Judges in the Lower Court:
1 Mr Nil Non
2 Mr Thou Mony
3 Mr Ya Sokhorn
4 Mr You Udtara (Reserved)

Judges in the Supreme Court:
1 HE Kong Srim
2 Soam Serewat
3 Sin Narith
4 Ya Narin
5 Mong Mony Chakriya (Reserved)

Co-Investigating Judges
1 Mr You Bunleng
2 Mr Thong Ol (Reserved)
3 Mr Din Seyvuthy (Reserved)

Co-Prosecutors
1 Mrs Chea Leang
2 HE Chuon Sunleng (Reserved)

Pre-Trial Chamber
1 HE Prak Kimsan
2 HE Ney Thol
3 Mr Huot Vuthy
4 Mr Pen Pichsaly (Reserved)

International Judges and Prosecutors:

Judges in the Lower Court:
1 Dame Silvia CARTWRIGHT (New Zealand)
2 Mr Jean-Marc LAVERGNE (France)
3 Ms Claudia FENZ (Austria)-Reserved

Judges in the Supreme Court:
1 Mr Motoo NOGUCHI (Japan)
2 Ms Agnieska KLONOWIECKA-MILART (Poland)
3 Mr Chandra Nihal JAYASINGHE (Sri Lanka)
4 Mr Martin KAROPKIN (U.S.A)-Reserved

Co-Investigating Judges:
1 Mr Marcel LEMONDE (France)
2 (To Be Announced)-Reserved

Co-Prosecutors:
1 Mr Robert PETIT (Canada)
2 Mr Paul COFFEY (USA)-Reserved
Pre-Trial Chamber:
1 Mr Rowan DOWNING
2 Ms Katinka LAHUIS

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