Cambodian director Rithy Panh in Paris before a litterary TV broadcast, 29 March 2007. Cambodia's most famous filmmaker, whose documentaries take an unflinching look at the legacy of the Khmer Rouge, believes the genocide trials here need a top diplomat to jump start the process.(AFP/File/Bertrand Guay)
By Rene Slama
PHNOM PENH, April 9, 2007 (AFP) - Cambodia's most famous filmmaker Rithy Panh, whose documentaries take an unflinching look at the legacy of the Khmer Rouge, believes the genocide trials here need a top diplomat to jump start the process.
"The trials are fundamentally political," said the 43-year-old director, who is acclaimed on the international festival circuit.
"But there's no politician in this institution," he said of the UN-backed tribunal, which opened nine months ago but has become bogged down in disputes over the procedural details of the trials.
"A diplomat should oversee the tribunal," he said in an interview with AFP and the French news magazine Le Nouvel Observateur.
That person would be able to take the high ground in what Rithy Panh called some "professional but very technical debates" that have delayed the start of the trials of surviving Khmer Rouge leaders.
The 29 international and Cambodian jurists are now feuding over whether foreign lawyers should have to pay fees in order to defend suspects at the trials, a dispute which threatens to derail the entire process.
The Cambodian Bar has demanded that foreign lawyers pay 4,900 dollars to participate in the tribunal. International judges believe this would discourage foreign lawyers from taking part, and thus deprive suspects of their right to defence.
The dispute has forced the delay of a key meeting that had been set for April 30, and by extension caused another delay in the start of the trials.
"All that is pathetic," Rithy Panh said. "The trials shouldn't be delayed over a couple of thousand dollars."
"The Cambodians shouldn't always be blamed. This is a Cambodian tribunal with an international component, so it's normal that the Cambodian Bar should have its say," he added.
"The priority is to bring justice to the victims," and to establish who was responsible for the atrocities, all in a way that could serve as an example for future generations, he said.
Rithy Panh is something of an expert in confronting the horrors of Cambodia's past.
His documentary "S21: The Khmer Rouge Death Machine" showed survivors of the notorious Tuol Sleng torture camp -- which was code-named S21 -- confronting their former captors.
His latest film, "Paper Cannot Wrap Up Embers," looks at the plight of prostitutes in Cambodia and is playing in France and at festivals around the world.
Up to two million people died of overwork, starvation and execution under the Khmer Rouge, which ruled Cambodia from 1975-1979, when the regime abolished religion, property rights, currency and schools.
Millions more were driven from the cities onto vast collective farms as the ultra-Maoist regime sought to create an agrarian utopia.
The tribunal opened in July after a decade of protracted negotiations between Cambodia and the United Nations. Because of the impasse within the tribunal, trials are not expected to begin until the start of 2008 at the earliest.
Some activists and diplomats accuse the government -- which includes former Khmer Rouge cadres -- of pressuring the Cambodian judges and lawyers into deliberately slowing down the trials.
Several of the surviving Khmer Rouge leaders are already in their 80s, and activists fear they could die before standing trial.
But Rithy Panh said he did not believe Cambodia's government was trying to slow down the trials, because they had staked their international credibility on the tribunal.
"This is a tribunal that no one wants. Nonetheless, it must begin its work. This is a national and an international responsibility," he said.
"Reconciliation will follow, and it's up to the Cambodian government to make it a national issue," he added.
PHNOM PENH, April 9, 2007 (AFP) - Cambodia's most famous filmmaker Rithy Panh, whose documentaries take an unflinching look at the legacy of the Khmer Rouge, believes the genocide trials here need a top diplomat to jump start the process.
"The trials are fundamentally political," said the 43-year-old director, who is acclaimed on the international festival circuit.
"But there's no politician in this institution," he said of the UN-backed tribunal, which opened nine months ago but has become bogged down in disputes over the procedural details of the trials.
"A diplomat should oversee the tribunal," he said in an interview with AFP and the French news magazine Le Nouvel Observateur.
That person would be able to take the high ground in what Rithy Panh called some "professional but very technical debates" that have delayed the start of the trials of surviving Khmer Rouge leaders.
The 29 international and Cambodian jurists are now feuding over whether foreign lawyers should have to pay fees in order to defend suspects at the trials, a dispute which threatens to derail the entire process.
The Cambodian Bar has demanded that foreign lawyers pay 4,900 dollars to participate in the tribunal. International judges believe this would discourage foreign lawyers from taking part, and thus deprive suspects of their right to defence.
The dispute has forced the delay of a key meeting that had been set for April 30, and by extension caused another delay in the start of the trials.
"All that is pathetic," Rithy Panh said. "The trials shouldn't be delayed over a couple of thousand dollars."
"The Cambodians shouldn't always be blamed. This is a Cambodian tribunal with an international component, so it's normal that the Cambodian Bar should have its say," he added.
"The priority is to bring justice to the victims," and to establish who was responsible for the atrocities, all in a way that could serve as an example for future generations, he said.
Rithy Panh is something of an expert in confronting the horrors of Cambodia's past.
His documentary "S21: The Khmer Rouge Death Machine" showed survivors of the notorious Tuol Sleng torture camp -- which was code-named S21 -- confronting their former captors.
His latest film, "Paper Cannot Wrap Up Embers," looks at the plight of prostitutes in Cambodia and is playing in France and at festivals around the world.
Up to two million people died of overwork, starvation and execution under the Khmer Rouge, which ruled Cambodia from 1975-1979, when the regime abolished religion, property rights, currency and schools.
Millions more were driven from the cities onto vast collective farms as the ultra-Maoist regime sought to create an agrarian utopia.
The tribunal opened in July after a decade of protracted negotiations between Cambodia and the United Nations. Because of the impasse within the tribunal, trials are not expected to begin until the start of 2008 at the earliest.
Some activists and diplomats accuse the government -- which includes former Khmer Rouge cadres -- of pressuring the Cambodian judges and lawyers into deliberately slowing down the trials.
Several of the surviving Khmer Rouge leaders are already in their 80s, and activists fear they could die before standing trial.
But Rithy Panh said he did not believe Cambodia's government was trying to slow down the trials, because they had staked their international credibility on the tribunal.
"This is a tribunal that no one wants. Nonetheless, it must begin its work. This is a national and an international responsibility," he said.
"Reconciliation will follow, and it's up to the Cambodian government to make it a national issue," he added.
16 comments:
Any government worth its salt would have thought through the whole thing, the whole process when it started the trial process, not just work out one thing at a time, one after another. For instance, did it get judges and lawyers trained or familiarised with such a trial way back in 1997 when it requested the UN to assist in creating a tribunal? Were judges and lawyers sent to learn from international tribunals? NO! it did not.
Shame to those who have advocated the Cambodian trial of the murderous Khmer Rouge! An international trial would have started long ago already.
Our dead have waited for decades. Would they have to wait decades more in their graves? Do visitors to Tuol Sleng and Choeung Ek notice that our look back in their eyes and want justice? Cry from your graves, from Tuol Sleng, from Choeung EK, from killing fields, grandfathers, grandmothers, fathers, mothers, brothers, sisters, teachers, friends, fellow Cambodians!!! We, survivors, owe you a debt: find justice for you!
LAO Mong Hay, Hong Kong
True, but we have thought of the
whole thing long ago. The problem
is the corrupted International want
tell us what to do. When we ask
for assistance, we mean financial
assistance, not legal assistance
because our Khmer justice system
is far superior than theirs.
All we want them to do is sort of
act as as witness to the process,
not making rule for us to follow.
We got our own rules. And if they
want to get some action, we
required a legal practicing
fee... . What is so unfair about that? Accordingly then, it is
clear that the corrupted
International is not living to
their obligation, as usual. They
rarely do, and everyone know this
except for you, Loa. Why is that?
3:51pm Your calling the international corrupt? That is funny. I guess all the aids and donor money that flows into Cambodia every year is dirty money? Khmer justice is Superior? You got to be joking. And yes even Democratic countries in some ways are corrupt. But they have a check and balance power where people can voice and get things changed. Can you get that in Cambodia`s Government without getting blown up by a hand gernade?
Dear LAO Mong Hay,
Please research on "Restitution Extortion" this is how real Killers are making their cash in on the dead.
Best Regards,
Khoun Khmer
4:00, don't take my word for it,
just as Ah Khmer-Yuons about the
International. And yes, even the
aids moneys, we are not getting
as much as we should be getting.
If you do the math, you will know
that the amount is not even enough
for toilet papers to keep the 13
millions Khmer's asses clean, and
that without counting the big chunk
that is paid out to their experts.
3:51PM argument is just mumbo-jumbo reflecting the ignorance and arrogance and barbaric behaviour of the Hun Sen and his cronies regime in P. Penh. Wonder where they have learned all of that from?
Yeah, and what is so mumbo-jumbo
about my argument?
Ky Teck's demand is nothing other than an extortion demand for ransom. Shame on him for doing the bidding for Hun Sen. I feel embarrassed and stiff body when I heard that the Khmer judicial system is superior. You mean the like of Ney Thol is a qualified judge ? Let face the truth: The CPP never wanted the trial in the first place. It was raised as part of political game when the KR was still alive.
This is nothing more than a
liscense fee. What is the big deal?
If you want to make a case, let
us look at Gringo countries: After,
people paid tons of taxes, many
of them still have to pay for
basic things, like court fee,
passport fee, ..., and
transportation fee. What ever
happen to all the taxes that was
paid from the start?
CBA is asking for fees? While the UN cough up the 53 million dolloars to get this trial started, and even more funding is coming lately. And now these fees are justified by the CBA. LOL. You know, if the Cambodian would have cough up that 53 millions and then ask for fees from the Foriegners, hands down I would agree with the CBA. But the Government never wanted a trial and claim that they want justice from the KR. If the Government wanted the trial, money would`nt be a problem. LOL. Just my 2 cent peoples.
Gringos? Fu*cKen Mexican.
Hey, if you want the trial to meet
with the corrupted International
Standard, it going to cost millions.
Look at a simple OJ case in the US.
That alone exceeeded 10 millions.
As for the fee, it has nothing
to do with the trial. If you want
to drive a car here, you have to
pay a registration fee ... . And
practicing law here is no
difference. Get it?
what law are you talking about ? have you cpp ever practiced law yourself ? i don't how you could open your stinky mouse
Criminal laws, Civil law, ...,
you name it, we got it, and it is
far superior to your primitive
laws. Go ahead, give me your best
law, and I will tell you how ours
is far far better than yours.
To 7:55AM
ahahahhahahhahahahhahah!
What did you say???ahahahahah
You know that AH HUN SEN slave have all of kind laws but the fact is AH HUN SEN Vietcong slave never enforce the laws!!!!!
So tell me!!!What is the fucken use of the fucken law when nobody enforce the law!!!
AH LOP LOP LOP!!!!!!!!!!!ahahahah!
True, and regretfully, we can't enforce all laws. Law enforcement
is not free. Even China have
problem enforcing laws. Our constitution guarantee many things,
but it takes a lot of money to
implement it, and all poor
countries have this problem, not
just Cambodia.
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