By Yun Samean and Thet Sambath
THE CAMBODIA DAILY
The lawyer for former Khmer Rouge prison commander "Duch" condemned the newly inaugurated Extraordinary Chambers in the Courts of Cambodia Thursday, saying the Cambodian judges and prosecutors will not give his client a fair trial as they were also victims of the regime.
Nonetheless, Kar Savuth added that his client, who some consider to be one of the likely candidates for prosecution because of his role at the Tuol Sleng prison, or S-21, is keen to stand trial as he is fed up with having been detained since 1999 without trial.
"We need judges and prosecutors who are not victims," said Kar Savuth, who is also a lawyer for Prime Minster Hun Sen.
"They cannot provide justice for my client because the judges and prosecutors were the victims of the Khmer Rouge regime," he said.
"Duch wishes that the prosecution starts soon so that he can get out of jail," he added of his client whose real name is Kaing Kek Iev.
Duch was discovered working as a Christian aid worker near the Thai border in 1999 and has been held in military prison since then.
Benson Samay, lawyer for former Khmer Rouge military commander Ta Mok, said his client does not take issue with the 17 Cambodians sworn in Monday as judges and prosecutors. "If we oppose the judges and prosecutors we will continue the delay, then the [former Khmer Rouge] will die," he said. "We cannot wait because my client has been in jail seven years already."
He said that Ta Mok, who is in hospital, wants to give the tribunal his version of how an estimated 1.7 million Cambodians died due to the policies of the 1975 to 1979 regime.
Benson Samay also said that allegations of political biases and past corruption against some of the appointees should be forgotten about.
"We should not judge them in advance," he said. "They might change themselves."
Ta Mok was taken to the military's Preah Ket Melea Hospital late last month for a host of ailments, and after having failed to eat for 10 days. Benson Samay said his health is slowly improving.
From his home in Pailin, Khmer Rouge Brother Number Two Nuon Chea said he does not object to the judicial staff.
"As I said before, I do not object to their judges and prosecutors, but I would like them to respect justice and truth," Nuon Chea said. "But I think in this world, there is no justice."
"I am waiting to stand in front of the court," he added.
Tribunal spokesman Reach Sambath said the Cambodian jurists could do the job regardless of their personal experiences.
"They will not use their feelings for the judgement, they use the law," he said.
Documentation Center of Cambodia Director Youk Chhang said that Kar Savuth should let the tribunal start its work first before condemning it.
Also on Thursday, Sam Rainsy Party Acting President Kong Korm said he would file a formal complaint with the tribunal laying blame on China, Vietnam and the Hun Sen's ruling CPP for the regime.
He said he would ask the tribunal to dissolve the CPP and bring China and Vietnam to the International Criminal Court in the Hague to discover if they were implicated in the crimes of the regime.
Asked about Kong Korm's allegation, Hun Sen's adviser Om Yentieng replied: "He might have a mental problem." He declined further comment.
Nonetheless, Kar Savuth added that his client, who some consider to be one of the likely candidates for prosecution because of his role at the Tuol Sleng prison, or S-21, is keen to stand trial as he is fed up with having been detained since 1999 without trial.
"We need judges and prosecutors who are not victims," said Kar Savuth, who is also a lawyer for Prime Minster Hun Sen.
"They cannot provide justice for my client because the judges and prosecutors were the victims of the Khmer Rouge regime," he said.
"Duch wishes that the prosecution starts soon so that he can get out of jail," he added of his client whose real name is Kaing Kek Iev.
Duch was discovered working as a Christian aid worker near the Thai border in 1999 and has been held in military prison since then.
Benson Samay, lawyer for former Khmer Rouge military commander Ta Mok, said his client does not take issue with the 17 Cambodians sworn in Monday as judges and prosecutors. "If we oppose the judges and prosecutors we will continue the delay, then the [former Khmer Rouge] will die," he said. "We cannot wait because my client has been in jail seven years already."
He said that Ta Mok, who is in hospital, wants to give the tribunal his version of how an estimated 1.7 million Cambodians died due to the policies of the 1975 to 1979 regime.
Benson Samay also said that allegations of political biases and past corruption against some of the appointees should be forgotten about.
"We should not judge them in advance," he said. "They might change themselves."
Ta Mok was taken to the military's Preah Ket Melea Hospital late last month for a host of ailments, and after having failed to eat for 10 days. Benson Samay said his health is slowly improving.
From his home in Pailin, Khmer Rouge Brother Number Two Nuon Chea said he does not object to the judicial staff.
"As I said before, I do not object to their judges and prosecutors, but I would like them to respect justice and truth," Nuon Chea said. "But I think in this world, there is no justice."
"I am waiting to stand in front of the court," he added.
Tribunal spokesman Reach Sambath said the Cambodian jurists could do the job regardless of their personal experiences.
"They will not use their feelings for the judgement, they use the law," he said.
Documentation Center of Cambodia Director Youk Chhang said that Kar Savuth should let the tribunal start its work first before condemning it.
Also on Thursday, Sam Rainsy Party Acting President Kong Korm said he would file a formal complaint with the tribunal laying blame on China, Vietnam and the Hun Sen's ruling CPP for the regime.
He said he would ask the tribunal to dissolve the CPP and bring China and Vietnam to the International Criminal Court in the Hague to discover if they were implicated in the crimes of the regime.
Asked about Kong Korm's allegation, Hun Sen's adviser Om Yentieng replied: "He might have a mental problem." He declined further comment.
8 comments:
I think Koung korm is ignorance politician. Cambodian must charge those reponsible for the killings in Cambodia plus their superieur. How come China can order Cambodian leaders to kill Cambodian people that is so stupid. If during 1975-1979, China has sent their army to invade Cambodia like vietnam in 1979 then you can sue them.
A lot of things can be done from behind the scene then from your direct man marching and killing thinking. Why do you think in mob prosecution they led these direct killer with lower penalty and punishment that they should as commited the act itself would call for?
Likewise for KKR Regime tribunal, this shows your ignorance, a lot more people an nation were involved in this so called "internal cambodian" problem then you may think.
What do you expect? Some Cambodian people borned as a sucker! These suckers can only say what they see!
Come on Kong Korm. Let's be fair. How about USA and Sihanouk? Why did you exclude them? Just because the King granted SRP to visit him in Beijing and US funds democracy movement, it doesn't mean Kissinger can get away from orchestrating a coup-d'eta in 1970 that led to 1.7 millions killed. Lon Nol's war killed 60,000 Khmers.
Prosecute these leaders the following order: USA, China, KR, Sihanouk, Vietnam, then CPP.
USA for illegally invaded Cambodia.
China & Sihanouk for supported the murderers KR.
Vienam for illegally invaded Cambodia and stole millions $$ of Cambodia resources.
CPP for "you know what they are"...
Dutch, you go to hell. You lost your war, you should cut your own stomatch to prove that you are a true Samurai. You, Nourn Chea, Kieuv Samphon etc.. are coward leaders. You take no responsibility for your actions. I hope your clan will be hung by a rope or burned alive. Your clan killed my brother in-law at Tourl Sreng prison. His picture is still there asking for revange. I'm sure my brother was screaming in pain for days before he died. If you are a man, accept the same torturing.
SRP's number one enemy is CPP. That is right. SRP is Khmer and CPP is Khmer. SRP would love to see CPP disappeared. SRP should tone down a little bit with the intention of dissolving the CPP. Who's in charge, who has the guns, who get killed when SRP wants to dissolve or destroy or sue the CPP? The SRP members? Should SRP take a better care of their members? Should the name SRP be changed so that it does not seem like self-egotistic or self center or selfish? Something that represents the people or just one individual.
Actually,like 100,000 of khmer people were killed when the US bombed Cambodia illegally.
well said, good points.
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