05 February 2008By Sam Borin
Radio Free Asia
Translated from Khmer by Heng Soy
Yesterday, the ECCC (or KR Tribunal, KRT) adjourned the hearing of the demand made by the lawyer of Nuon Chea, the former president of the National Assembly of the Democratic Kampuchea regime, to allow him bail. The adjournment was due to the lack of a foreign lawyer to defend Nuon Chea, this in spite of the opposite demand made by the co-prosecutors and by three civil plaintiff lawyers to pursue the hearing.
Dr. Lao Mong Hay, the former law professor in Canada, welcomed yesterday’s decision made by the KRT judges.
Dr. Lao Mong Hay said: “Based on the law, and the international rules, today’s adjournment of the hearing is correct. The tribunal decision is correct, and is in agreement with the right of the defendant who must have a defense lawyer. If the defendant does not have defense lawyers, then the defendant does not have the ability to defend himself, when the defendant made this declaration to the tribunal, then the adjournment must be done until such time that the defendant can find lawyers to defend him. Notwithstanding cases where the defendant is summoned and he refused to show up in court, or when the defendant has a lawyer and the lawyer refused to show up in court, in these circumstances, a decision can be made.”
During this hearing, both Son Arun, Nuon Chea’s lawyer, and Nuon Chea himself asked for an adjournment of the hearing.
Nuon Chea told the court that: “I need two lawyers based on the tribunal rule. If I only have one Cambodian lawyer and I don’t have a foreign lawyer, I cannot be defended. I am asking the tribunal to adjourn to another time. Thank you.”
Last Friday, Victor Koppe, Nuon Chea’s Dutch lawyer, saw the Cambodian Bar Association (CBA) refusing his official swearing in. This refusal took place after he asked for the removal of 3-star general Ney Thol from the ECCC bench due to conflict of interest, and his multiple duties as a high-ranking member of the CPP and as the director of the military court, whereas he should play an independent role in the tribunal.
Nevertheless, the ECCC told the defendant lawyers to urgently inform the tribunal about another replacement foreign lawyer, otherwise, the tribunal with set the hearing date to Wednesday.
Regarding the foreign lawyer issue, Son Arun told RFA that: “At 2:00 PM on Tuesday, Rupert Skilbeck, the ECCC principal defender, will meet with Ky Tech, the CBA president, to negotiate for an arrangement in this case. If there is no agreement from Ky Tech, Victor Koppe will have to be sworn in one more time, in the near future (??), if there is an agreement by the CBA, it will send in the request for the swearing-in to the Appeal Court soon, in about 2-3 days ahead … Normally, in Nuon Chea’s defense lawyer group, there are two foreign lawyers, the other lawyer is Michael Peshman who was already sworn in. He and Victor Koppe are partners in a Dutch law office, and if the CBA does not allow Victor Koppe to be sworn in soon, in order to resolve the tribunal issue rapidly, Michael Peshman must be called in to act as Nuon Chea’s foreign lawyer.”
Even though, there is replacement for Victor Koppe already, international observers and legal experts said that the prevention of Victor Koppe to be sworn in as Nuon Chea’s defense lawyer, clearly shows that there is no independence and no neutrality in the Cambodian justice system.
Dr. Lao Mong Hay said: “In Cambodia, the court system and the institution involved with the court are not independent. We knew about that since long ago. This is because we do not provide a final resolution on the independence of the court, on the independence of the CBA, therefore there are lingering accusations that the CBA and the tribunal are under political pressure. In this case, foreigners are having difficulties, whether they are international judges or whether they are international experts. The issue of the court independence had been raised since long ago. This difficulty was raised many times by the UN Special Envoy on Human Rights in Cambodia, when he talked about the (need for) independence by the court, the (need for) independence by the judges, as well as the (need for) independence by the CBA also.”
Dr. Lao Mong Hay, the former law professor in Canada, welcomed yesterday’s decision made by the KRT judges.
Dr. Lao Mong Hay said: “Based on the law, and the international rules, today’s adjournment of the hearing is correct. The tribunal decision is correct, and is in agreement with the right of the defendant who must have a defense lawyer. If the defendant does not have defense lawyers, then the defendant does not have the ability to defend himself, when the defendant made this declaration to the tribunal, then the adjournment must be done until such time that the defendant can find lawyers to defend him. Notwithstanding cases where the defendant is summoned and he refused to show up in court, or when the defendant has a lawyer and the lawyer refused to show up in court, in these circumstances, a decision can be made.”
During this hearing, both Son Arun, Nuon Chea’s lawyer, and Nuon Chea himself asked for an adjournment of the hearing.
Nuon Chea told the court that: “I need two lawyers based on the tribunal rule. If I only have one Cambodian lawyer and I don’t have a foreign lawyer, I cannot be defended. I am asking the tribunal to adjourn to another time. Thank you.”
Last Friday, Victor Koppe, Nuon Chea’s Dutch lawyer, saw the Cambodian Bar Association (CBA) refusing his official swearing in. This refusal took place after he asked for the removal of 3-star general Ney Thol from the ECCC bench due to conflict of interest, and his multiple duties as a high-ranking member of the CPP and as the director of the military court, whereas he should play an independent role in the tribunal.
Nevertheless, the ECCC told the defendant lawyers to urgently inform the tribunal about another replacement foreign lawyer, otherwise, the tribunal with set the hearing date to Wednesday.
Regarding the foreign lawyer issue, Son Arun told RFA that: “At 2:00 PM on Tuesday, Rupert Skilbeck, the ECCC principal defender, will meet with Ky Tech, the CBA president, to negotiate for an arrangement in this case. If there is no agreement from Ky Tech, Victor Koppe will have to be sworn in one more time, in the near future (??), if there is an agreement by the CBA, it will send in the request for the swearing-in to the Appeal Court soon, in about 2-3 days ahead … Normally, in Nuon Chea’s defense lawyer group, there are two foreign lawyers, the other lawyer is Michael Peshman who was already sworn in. He and Victor Koppe are partners in a Dutch law office, and if the CBA does not allow Victor Koppe to be sworn in soon, in order to resolve the tribunal issue rapidly, Michael Peshman must be called in to act as Nuon Chea’s foreign lawyer.”
Even though, there is replacement for Victor Koppe already, international observers and legal experts said that the prevention of Victor Koppe to be sworn in as Nuon Chea’s defense lawyer, clearly shows that there is no independence and no neutrality in the Cambodian justice system.
Dr. Lao Mong Hay said: “In Cambodia, the court system and the institution involved with the court are not independent. We knew about that since long ago. This is because we do not provide a final resolution on the independence of the court, on the independence of the CBA, therefore there are lingering accusations that the CBA and the tribunal are under political pressure. In this case, foreigners are having difficulties, whether they are international judges or whether they are international experts. The issue of the court independence had been raised since long ago. This difficulty was raised many times by the UN Special Envoy on Human Rights in Cambodia, when he talked about the (need for) independence by the court, the (need for) independence by the judges, as well as the (need for) independence by the CBA also.”
1 comment:
matter of factly, it was a defense legal strategy.
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