Wednesday, March 05, 2008

Angkar vs. ECCC

March 4, 2008
Op-Ed by Kok Sap
Originally posted by http://neokhmer.com


Re: Judge You Bun Leng, “The KRT is paying attention to Ieng Sary’s health condition. We are asking foreign (medical) experts to issue an additional expert report on his health, so that we have better information for taking other measures. The decision to send Ieng Sary to receive health care or not is not made by the judge. If the doctors check him up, and they find that his disease must be treated, then we have to take care of him. If the doctors believed that the hospital has the necessary equipments to take care of him, and he is ordered to remain at the hospital, then we must abide by the doctors’ order. The tribunal only apply the law, but when it comes to health, it’s the doctors’ call.”

In such statement, a concern looms over how capable the ECCC is? The treatment of the accused is spectacular. In spite of current government advocating Ieng Sary sanctuary then pardon in 1996, the ECCC pays close attention to what government wanted done. The government insults millions of victim still live on lesser than $1.00 a day and endure its egregious abuses. It is the same government that enabled Ieng Sary a luxurious and most privileged lifestyle. Definitely the fuzzes over Ieng Sary rights from conjugal visit to expensive medical treatment transform ECCC to the core.

Imagine when we were labeled as prisoners after April 17, 1975, each had no right. I remembered how inhumane during the bright red blood under the brilliant guidance revolutionary Angkar. Like the rest, I lived in a village of no choice in Tombon 3 adjacent to Tombon 5 under the illiterate cadres. I witnessed the married prisoners were deprived from raising children in own charge or being near spouse at home. Angkar forced young women aged over 20 to marry wounded fighters. Men or women had no right at all. All were treated as Angkar’s private non living property. Later we learned Angkar was no one but Pol Pot and Ieng Sary themselves.

After its staged People Representatives election in March 1976, the mystic Angkar promised the socialist market systems with its revolutionary currency. I remembered an illiterate Siamese named Phan Yai was the People Representative for my village. All of this person’s children presently live in Texas, US and Martigny, Switzerland.

By then Angkar demanded people no less but absolute self sacrifice to its cause. I remembered I could not argue at all. Many were excluded from voting on the ground of prisoners of war and non citizen status. Then not too long after that, the secret war declared on own cadres like Koy Thuon in Tombon 6 then Tombon 5 leadership followed suit Tombon 4 then Tombon 3 after the reshuffles in Tombon 1 and 2 to take helm in Tombon 3 leadership toward the end of planting season in 1976. Market or currency never happened.

After the first purge, the secured emergence of Comrade Pol Pot as the Supremo of Pact Communist Kampuchea, Angkar was more vigorous in suppression and deprivation on prisoners during the following planting season in 1977. At this juncture, I remembered the incursions along Siam-Khmer border were taken places. Angkar’s undisclosed goal was to minimize threats from rebels along border and Khek Pen secretive Liberation Forces in North and N. West regions while re-staking and reclaiming old borderline demarcation.

The tactic gained trust from population to not revolt against armed forces along the border while China arm-twisted Siam, with unconditional aids for development, from raising hell. When suffered heavy causalities from Siam tanks,F-4 shells and 105 mm artilleries, Angkar was too indiscriminately accepting new recruits from the prisoner crowd to carry on its undeclared war on Siam. This strikes similar tactic in current regime use to kow tow Viet Nam K-5 plan and to win successive elections.

I remembered during the vacuum in first quarter of 1979 when hundred of thousands were forced to flee along Pol Pot-Ieng Sary putsch to the deadly jungles. Too overwhelmingly, many fell sick from exhaustion or fear of bloodshed while stranded on no man‘s land from Pailin to Oddar Meanchey. They were deprived of food and medicine. Those who fled the Pol Pot-Ieng Sary control after January 7, 1979 ended up dead under the same Ta Mok leadership as state enemy. From old grudges, Thai Naval Forces used opportunity to retaliate against fearful refugees from Khmer land under the assumption they were Pol Pot-Ieng Sary elements. Consequently countless fell victims of Siam armed forces at the Angkar silence.

Vividly, I remembered how Angkar mistreated my family members and fellows who fell sick from enduring long hour hard labor and starvation. I also remembered how bright red blood flowed over rice paddies that Angkar nicknamed front battlefields for April 17, war prisoners. I was among millions as a suspected enemy and prisoner who deserved no right. Although, when I fell sick yet I was too fearful to be sick at home. I endured and worked along others who pitied my condition. No medicine or sympathy from Angkar then. As a survivor and victim, I felt more insults at this time from the flawless ECCC way of treating butchers and their master, Sihanouk. What held ECCC back from arresting Sihanouk and all butchers?

First foremost, ECCC bypassed the arrest of the father of killing fields, Sihanouk, who is the root cause of tragedy. Secondary, the list of the accused should not be limited to five that allowed the real hand on butchers roam free and mocked victims still. Third, some victims who had suffered greatly had died under the mockery and insults from the culprits.

For undisclosed reasons, the ECCC treats Cambodia killing field victims and survivors differently in comparison to the Balkan genocide victims. Since its conception, the ECCC percolates own critical ability and insincerity. Yet the ECCC acts supreme in confusing facts over its balkanized excuses. Like it or not ECCC certainly is no more than a mock court for the scholarly pursuit. Victims have no hope in true justice under the UN labeled court; unfortunately many had felt ECCC is no better than UNTAC. Apparently, it is too obvious for victim like me to ignore the ECCC admonition.

18 comments:

Anonymous said...

Dear Kok Sap;

Paragraph below is extract from the UN website [www.un.org/icty/cases-e/index-e.htm
[IT-02-54] Milosovic]

In the face of Milosevic’s mounting health problems, the Trial Chamber decided to “carry out a radical review of the trial process and the continuation of the trial in the light of the health problems of the Accused, which are clearly chronic and recurrent based on the most recent report from the doctor.”

12 The Trial Chamber ordered two separate medical examinations to
assess Milosevic’s fitness to continue representing himself: one by Milosevic’s treating physician, and one by an independent cardiologist with no prior involvement in the case.

13 Both doctors concluded that, given the current state of Milosevic’s health, there was a real risk that a life-threatening hypertensive emergency would develop if he continued to represent himself under the scheduling regime in place at that time.

They further concluded that the scheduling accommodations necessary to allow Milosevic to represent himself without gravely endangering his health would significantly delay the progress of the trial.

Understood your pains and sufferings endured during Pol Pot [I'm also the survivor of the regime].

The ECCC is a hybrid court [agreement between RGC and UN] consisted of Cambodian and foreign Judges, Cambodian and foreign lawyers.

Open Society Justice [legal firm based in New York]and International Community, in particular USA, have been pushing that ECCC shall meet the International Standard.

In case of Ieng Sary 's health, if his own doctor and independent doctor find that defendant's health
is deemed to be unfit and must remain to be hospitalized then the Trial Chamber has no other choice but to order the defendant to remain in hospital until being treated and fit.

Thank you

Anonymous said...

Thanks for clarified things for all of us, mate (6:37).

Anonymous said...

Dear 6:37am,
Thanks for your elaborate argument on matter.

However, Balkan and Cambodia court are two different creatures with different masters.Additionally the masters of killing fields are on the fences.

Given fact, ECCC did not and has not been transparent in objectives.
Well,it deserves credit in arresting some scarificial lambs but not the sheperds.

Milosevic and Sihanouk is in the same equation. But you and the rest know who's running free like an abandonned dog in the eyes of laws?

A small concern why ECCC did not arrest the master of killers?Why?
This may be the reason the accused including Ieng Sary act pompously toward the ECCC and victims especially the dead ones.

Who knows,ECCC soon will be a court of convenience for the culprits?

Anonymous said...

Dear 9:31PM

Well noted your perspective on the issue [ECCC Vs Balkan] with thanks.

However, the comment above [1st comment] is to address the author view on "enabled Ieng Sary a luxurious and most privileged lifestyle. Definitely the fuzzes over Ieng Sary rights from conjugal visit to expensive medical treatment transform ECCC to the core".

A handful of Cambodian people if not all are in favor of "International Standard" which Open Society Justice and International Community , particularly the USA; would want Cambodia to adopt and in particular the Hybrid court such as ECCC shall conduct its business up to that standard. However they seemed to lack of understanding on the basic of "International Standard". An extract from Milosovic court order posted for reference so people would understand why judge sated "The tribunal only apply the law, but when it comes to health, it’s the doctors’ call”.

Thank you

Anonymous said...

Guys, stop the nonsense argument. This trial is not a new set of wheel or invention. We have done it dozens of time satisfactorily throughout the world. How many type of justices are there?

I will not accept any excuse to stall the trial and to deny the innocent of justice. Get the damned trial moving!

Anonymous said...

Dear 6:16AM

We have done it dozens of time satisfactorily throughout the world. How many type of justices are there?

Your comment above leads us to think that you are/were either the member of elite judge of the UN established court or International court, if so please can you introduce yourself.

We don't know exactly how many type of justice out there, and we would love to see the trial will go as quick as possible before any accused/defendants too frail to answer and defend their action as well.

Anonymous said...

Dear koksap,
You called us neokhmer, but how about yourself working with angkachea neakna(Youn)? Ly Diep real name is Ly Ngoc Dinh (not KK). Are you too a snake and neokhmer, dude?

http://whoisdeaply.wordpress.com

Anonymous said...

Ah Youn thief Ly Ngoc Dinh aka Ly Diep. Ah chor Youn changrai ah trov kroub trov runteass banh.
Vea tveu chea khmer journalist chamtae bombeik bombak Khmers. Ah chor Youn chleanpean. Do Mae ah Ly Ngoc Dinh Ly Diep. Ah niss sahav cheang ah khmer kraham tovtiet.
Ah chhmea Youn vea nov tae Youn.
tina mean ah youn tinuss kmean sok tae.

Anonymous said...

10:01, you don't have to be a member of the ECCC to know that we have provided justice to people dozens of times before. What was wrong with it, and what is with the big fuzz here?

Saddam tribunal was over long ago. What is wrong with their justice system?

Anonymous said...

All mate,
koksap and Ly Diep LY Ngoc Dinh are working together.
Watch out when you walk by the Angkorborey newspaper. These two snakes need are team.

Anonymous said...

3:08 PM

Saddam was sentenced to death on November 5, 2006 and subsequently was hang after delivering of his verdict but the court there is far from finishing their works as yes as seen last fortnight the court handed another verdict against his subordinator [his cousin].

Anonymous said...

Okay, but what are you saying? Theirs justice system move too slow and ours is faster, better, and fairer?

Anonymous said...

5:11AM
Saddam tribunal was over long ago.

I did not say that ours is faster, better and fairer than Saddam one but simply tell you that Saddam tribunal is not yet over.

What's wrong with your people, on one hand pushing that ECCC must up to International Standard then other hand you said it's too slow.

This is the International you all would expect as foreign lawyers who took the case will go all resources to defend their clients and in turn without prejudice you'll expect to see more of these tactics and within the ethics and conducts of International Standard.

Anonymous said...

ECCC may do as it can according to the will of Hanoi agent government in Phnom Penh.

Phnom Penh has never changed since post colonial rule,its leader is always good in resisting sympathetic and constructive international body view, but crawls like a wiener beneath Hanoi feet or else.

Anonymous said...

How do you know we do according the will of Hanoi agent government in PP?

Hypocrite as you are why not looking at yourself to whom you are with? Is Ly Ngoc Dinh or Diep not one of Hanoi agent?

Some said you are crawling like the wiener beneath his feet.

Anonymous said...

1000pm,
Speak for yourself!

Anonymous said...

koksap is shy away when his friend is found to be ly ngoc dinh (ly diep)not khmer krom but purely youn. these two snakes bite their tails. :) LOL LOL

Anonymous said...

246pm,
How pity!