The not-so-honorable judge Ney TholNey Thol, a Cambodian military court judge, sits during a trial of an opposition leader in the capital Phnom Penh, Cambodia in this undated but recent photo. He is one of the 17 Cambodian jurists appointed recently to oversee a U.N.-backed genocide tribunal for surviving Khmer Rouge leaders. Critics are disappointed about the appointment of Ney Thol, saying his questionable record tarnishes the tribunal credibility. (AP Photo/Heng Chivoan)
Cambodia judges' credibility questioned
5/22/2006
By KER MUNTHIT
The Associated Press
PHNOM PENH, Cambodia (AP) — As preparations to try former Khmer Rouge leaders move forward, legal experts are concerned the dubious records of some Cambodian judges will cast doubt on the credibility of the country's war crimes tribunal.
Cambodia and the United Nations agreed in 2003, after years of negotiations, to establish the U.N.-backed tribunal to seek justice for the estimated 1.7 million people who died during the murderous 1975-79 rule of the communist Khmer Rouge.
This past week, King Norodom Sihamoni approved the appointment of 30 Cambodian and U.N.-chosen foreign judicial officials, and there are now hopes that trials can begin early next year for surviving Khmer Rouge leaders accused of genocide and crimes against humanity.
But some critics are worried because Cambodia's judiciary has had a reputation for incompetence, corruption and serving the government's political agenda.
The foreign jurists come from Australia, Austria, Canada, France, Japan, Poland, Sri Lanka, the Netherlands and the United States. Many have multiple law degrees and years of experience in international criminal justice, with two having served with the U.N. tribunal on war crimes and genocide in Kosovo.
The resumes of the Cambodian judges are threadbare by comparison, and their reputations shaky.
Their appointment "tarnishes right from the start the image of that tribunal, and because of that, it would lack public confidence and trust," said Lao Monghay, a Cambodian legal analyst working with the Hong Kong-based Asian Human Rights Commission.
Little information is available about the Cambodian judges other than the fact that most received law degrees in the former Soviet communist bloc — places such as East Germany, Russia, Kazakhstan and Vietnam — where carrying out the state's wishes counted more than impartiality.
One tribunal judge, army general Ney Thol, is president of the military court and member of the central committee of Prime Minister Hun Sen's ruling Cambodian People's Party. He is best known for presiding at two major trials where Hun Sen's political opponents were convicted of national security-related crimes.
In 1998, Ney Thol sentenced Prince Norodom Ranariddh, leader of the royalist Funcinpec party, to 30 years in prison for weapons smuggling and conspiring with outlawed Khmer Rouge guerrillas. The trial was prompted mainly by Hun Sen's desire to neuter his main political rival, whom he had already ousted from his position as co-prime minister in a 1997 coup.
Last August, Ney Thol sentenced opposition lawmaker Cheam Channy to seven years in prison for trying to form an armed group to topple the government in another trial widely regarded as politically motivated. He was criticized for his conduct in the trial, during which he barred the defense from calling witnesses and from fully cross-examining prosecution witnesses.
Both opposition leaders were later freed by royal pardons.
Ney Thol said having been a judge since 1987 qualifies him for the Khmer Rouge tribunal. "I have gone through many short courses (of legal training) inside and outside the country," he said. "I am honored to be one of the appointees."
Another tribunal judge, Thou Mony, once overturned a lower court's guilty ruling against Hun Sen's nephew, who had been involved in a shooting spree in 2003 in which two people were killed and two others wounded.
"I am very proud to have been appointed," said the Cambodian appeals court judge, who was educated at the University of Leipzig in the former East Germany. "I had never dreamed of that."
David Scheffer, a former U.S. ambassador at large on war crimes issues, said the Cambodian judges will be watched carefully by the international community.
"If the performance of the judges begins to be called into question in a way that goes to the issue of their integrity, their independence ... then you can imagine at some point the United Nations would take a serious look at that in terms of their continued participation in the process," said Scheffer, now a visiting law professor at Northwestern University.
The government projects a shaky confidence in its judges.
Cambodian jurists "will try their best to meet international standards" in working with "their international counterparts of high caliber," Sean Visoth, the government-appointed tribunal's chief administrator, said recently.
Cambodia and the United Nations agreed in 2003, after years of negotiations, to establish the U.N.-backed tribunal to seek justice for the estimated 1.7 million people who died during the murderous 1975-79 rule of the communist Khmer Rouge.
This past week, King Norodom Sihamoni approved the appointment of 30 Cambodian and U.N.-chosen foreign judicial officials, and there are now hopes that trials can begin early next year for surviving Khmer Rouge leaders accused of genocide and crimes against humanity.
But some critics are worried because Cambodia's judiciary has had a reputation for incompetence, corruption and serving the government's political agenda.
The foreign jurists come from Australia, Austria, Canada, France, Japan, Poland, Sri Lanka, the Netherlands and the United States. Many have multiple law degrees and years of experience in international criminal justice, with two having served with the U.N. tribunal on war crimes and genocide in Kosovo.
The resumes of the Cambodian judges are threadbare by comparison, and their reputations shaky.
Their appointment "tarnishes right from the start the image of that tribunal, and because of that, it would lack public confidence and trust," said Lao Monghay, a Cambodian legal analyst working with the Hong Kong-based Asian Human Rights Commission.
Little information is available about the Cambodian judges other than the fact that most received law degrees in the former Soviet communist bloc — places such as East Germany, Russia, Kazakhstan and Vietnam — where carrying out the state's wishes counted more than impartiality.
One tribunal judge, army general Ney Thol, is president of the military court and member of the central committee of Prime Minister Hun Sen's ruling Cambodian People's Party. He is best known for presiding at two major trials where Hun Sen's political opponents were convicted of national security-related crimes.
In 1998, Ney Thol sentenced Prince Norodom Ranariddh, leader of the royalist Funcinpec party, to 30 years in prison for weapons smuggling and conspiring with outlawed Khmer Rouge guerrillas. The trial was prompted mainly by Hun Sen's desire to neuter his main political rival, whom he had already ousted from his position as co-prime minister in a 1997 coup.
Last August, Ney Thol sentenced opposition lawmaker Cheam Channy to seven years in prison for trying to form an armed group to topple the government in another trial widely regarded as politically motivated. He was criticized for his conduct in the trial, during which he barred the defense from calling witnesses and from fully cross-examining prosecution witnesses.
Both opposition leaders were later freed by royal pardons.
Ney Thol said having been a judge since 1987 qualifies him for the Khmer Rouge tribunal. "I have gone through many short courses (of legal training) inside and outside the country," he said. "I am honored to be one of the appointees."
Another tribunal judge, Thou Mony, once overturned a lower court's guilty ruling against Hun Sen's nephew, who had been involved in a shooting spree in 2003 in which two people were killed and two others wounded.
"I am very proud to have been appointed," said the Cambodian appeals court judge, who was educated at the University of Leipzig in the former East Germany. "I had never dreamed of that."
David Scheffer, a former U.S. ambassador at large on war crimes issues, said the Cambodian judges will be watched carefully by the international community.
"If the performance of the judges begins to be called into question in a way that goes to the issue of their integrity, their independence ... then you can imagine at some point the United Nations would take a serious look at that in terms of their continued participation in the process," said Scheffer, now a visiting law professor at Northwestern University.
The government projects a shaky confidence in its judges.
Cambodian jurists "will try their best to meet international standards" in working with "their international counterparts of high caliber," Sean Visoth, the government-appointed tribunal's chief administrator, said recently.
5 comments:
Hahaha. Hun Sen's lowly educated judges are appointed to work with high calibered foreign judges.
This is not a good new at all.
Hun Sen's judges are just little dawgs of Hun Sen's personal creation. They are known to live on this earth just to carry out Hun Sen's wishes. For example, Hun Sen's nephew went on a shooting spree in 2003, killing two people and injuring 2 others. What was the result, Hun Sen's judge Thou Mony said that Hun Sen's nephew was not at fault because the victims did not get out of way of the speeding bullets in time. This is just one example. In addition, many of Hun Sen's judges just have only "high school" certificates. Hahahaha. It is even doubtful for the ones who claim to have law degrees from the former Soviet communist bloc countries. A case in point is Hun Sen's own credential. In Cambodia, Hun Sen could not even graduate from a junior high school. Then when he was installed as a prime minister of Cambodia by Hanoi, the Vietnamese granted him a doctoral degree in political science. Hahhah. Hun Sen simply made too much of a great forward leap to get his doctoral degree. Hahaha. In fact Hun Sen boasted that one does not need a higher education to be successful in life. Hahha. Hun Sen also boasted that he is just like GOD because both never have even an elementary certificate. Hahhah. When people criticized his doctoral degree from Hanoi, the Vietnamese confessed that it was just an honoary degree, but Hun Sen tells the world that it is a real acadamic degree. Hahha. Even Tiger Woods has honorary doctoral degree. Have anyone read his so-called doctoral thesis? Hahaha. It is so shallow and at the knowledge level that a reader is sure to sleep. There is nothing to learn to learn from it. In fact, even as longest serving prime minister for nearly 30 years, Hun Sen still needs over 100 advisors to tell his what course of action to take. Hhahah. To improve his academic credential, Hun Sen even went on to earn a degree from a university in the United States. However, a closer inspection will reveal that university is not even an accredited institution in the United States. hhahah. Yet, Hun Sen enlarges and frames that degree from that "U.S.A university" to the size of the great wall of China. Hahhah.
This above comment is so funny that it is killing me!ahahahah
it is better if we bring this Judge Ney Thol to justice to brush him out before he become a UN judge.
That is the way of Hun Sen. He always take the criminal to be a judge, the thief to be the owner, the drug dealer to be an anti-drug officer, and the stupid to lead like him
We are in big trouble!
Do ma ah Oun Cen! yet RoiY!
You look realy smart alright in that clown's purple gown. Get rid of it now!!! Also cut your hair and take more showers,please!!!
you need help big time!!!!!!!!!
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