By Kong Sothanarith
And Anne-laure Porée
Cambodge Soir
Translated from French by KI-Media
Finally it’s official. After long weeks of waiting, the list of Cambodian and international judges who will be in charge of judging the former Khmer Rouge leaders, was made public yesterday. On the Cambodian side, sharp reactions were displayed on the nominations of national judges. Even though everybody agree on diplomatically welcoming another step taken towards the trial, a majority is criticizing the nominations deemed too politicized.
“Some has a good training, others are not and most of all, they lack experience in this kind of tribunal,” a law expert noted. “These nominations are made according to politics and in the clannish spirit,” he said before adding that human resources [in Cambodia] are limited. “These judges only have local experience, I am afraid that a perfect trial cannot be reached that fits international standard. However, it is, nevertheless, the second important step in the process, following the solving of the budget issue,” the expert added.
“Some judges do not have good reputation,” a Cambodian lawyer chimed in. “And this explains the will of the government. Take for example, General Ney Thol, the president of the military court, whose judgment in the Cheam Channy case drew sharp criticisms by the EU and the international community, that’s not a good choice. Cambodian women are under-represented, there is no balance, the tribunal counts only one Cambodian woman among the judges. Furthermore, judge Ya Sokhan who was in charge of the Mam Sonando case, and judge Thong Ol have very bad reputation. The two have been sanctioned by the Supreme Council of Magistracy (SCM), they should not have been nominated. The nomination of a retired judge such as Prak Kim San, means that he is a government man inserted into the system. Some who were officially designated are practically not as good as the reserved judges. If they are not good, if they are involved in politics, it will cause problem in the future for the tribunal. Paradoxically, this is, up to now, the most remarkable step undertaken in the entire process.”
Keo Remy, SRP MP from Phnom Penh did not mince his words either: “The composition of the tribunal was obviously prepared by the council of ministers, this is like having engineers recruiting doctors. Only the SCM has the ability for such recruitment. Between those who have been suspended by Chem Sgnuon (justice minister in the 90s, currently dead), those who never conduct a single trial, those who have been sanctioned by the SCM, and those who are close to some VIP in the government … the good judges are not to be found there. I am worried that this process only serves a political purpose, it would be a waste of money without ever getting true justice because the real murderers and those who support them could not be unmasked,” Keo Remy stressed.
Reach Sambath, the official in charge of news for the administration of the extraordinary chambers, nevertheless defends the composition of the tribunal. He argues that the SCM made its decision with good will and optimism, transparency, and justice, before going straight to another subject. “The prosecutors and the judges will not start working until beginning of June, it will take 3 to 6 months of training before they will be able to start the hearings. We hope that the trial will start at the beginning of 2007.”
Regarding the nominations, foreign embassies are still declining to provide their reactions. France counts two judges, one of whom is nominated as investigating judge, two US judges were placed as reserved judges, in particular, the much anticipated Paul Coffey to the position of prosecutor, but instead he yielded his position to the Canadian Robert Petit.
“Some has a good training, others are not and most of all, they lack experience in this kind of tribunal,” a law expert noted. “These nominations are made according to politics and in the clannish spirit,” he said before adding that human resources [in Cambodia] are limited. “These judges only have local experience, I am afraid that a perfect trial cannot be reached that fits international standard. However, it is, nevertheless, the second important step in the process, following the solving of the budget issue,” the expert added.
“Some judges do not have good reputation,” a Cambodian lawyer chimed in. “And this explains the will of the government. Take for example, General Ney Thol, the president of the military court, whose judgment in the Cheam Channy case drew sharp criticisms by the EU and the international community, that’s not a good choice. Cambodian women are under-represented, there is no balance, the tribunal counts only one Cambodian woman among the judges. Furthermore, judge Ya Sokhan who was in charge of the Mam Sonando case, and judge Thong Ol have very bad reputation. The two have been sanctioned by the Supreme Council of Magistracy (SCM), they should not have been nominated. The nomination of a retired judge such as Prak Kim San, means that he is a government man inserted into the system. Some who were officially designated are practically not as good as the reserved judges. If they are not good, if they are involved in politics, it will cause problem in the future for the tribunal. Paradoxically, this is, up to now, the most remarkable step undertaken in the entire process.”
Keo Remy, SRP MP from Phnom Penh did not mince his words either: “The composition of the tribunal was obviously prepared by the council of ministers, this is like having engineers recruiting doctors. Only the SCM has the ability for such recruitment. Between those who have been suspended by Chem Sgnuon (justice minister in the 90s, currently dead), those who never conduct a single trial, those who have been sanctioned by the SCM, and those who are close to some VIP in the government … the good judges are not to be found there. I am worried that this process only serves a political purpose, it would be a waste of money without ever getting true justice because the real murderers and those who support them could not be unmasked,” Keo Remy stressed.
Reach Sambath, the official in charge of news for the administration of the extraordinary chambers, nevertheless defends the composition of the tribunal. He argues that the SCM made its decision with good will and optimism, transparency, and justice, before going straight to another subject. “The prosecutors and the judges will not start working until beginning of June, it will take 3 to 6 months of training before they will be able to start the hearings. We hope that the trial will start at the beginning of 2007.”
Regarding the nominations, foreign embassies are still declining to provide their reactions. France counts two judges, one of whom is nominated as investigating judge, two US judges were placed as reserved judges, in particular, the much anticipated Paul Coffey to the position of prosecutor, but instead he yielded his position to the Canadian Robert Petit.
3 comments:
I am no surprise that LORD NGUEN HUN SEN have chosen this kind of judge. As a bloodthirsty POLPOT, this traitor will try to protect his former CHEFS.
NGUEN OR GNOEUNG? AND HIS IS CRIMINAL TOO!
Cambodian people have the right to sponsor a death sentence for all incompetent Cambodian judges who fail to do their duty! If these incompetent Cambodian judges know what good for their life and their family and they must not undertake this very important duty! Nobody want to live in fear and I will begg all judges to be fair with the process because Cambodian people need a closure.
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