By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
08 January 2009
Foreign lawyers for jailed Khmer Rouge leader Nuon Chea filed a complaint on Thursday to Phnom Penh Municipal Court, claiming widespread corruption within the Khmer Rouge tribunal jeopardizes their client.
“People who pay kickbacks cannot be independent,” Michiel Pestman, the leading international defense attorney, told reporters outside the Municipal Court, joined by assistant attorneys Victor Koppe and Andrew Ianuzzi.
Nuon Chea, 84, chief ideologue of the Khmer Rouge and lieutenant to Pol Pot, was arrested in September 2007 and faces charges of war crimes and crimes against humanity.
But Pestman said his client could not receive a fair hearing under a corrupt system.
“We are seriously worried about the legitimacy of the court and also worried that our client will never get a fair trial if people are paying kickbacks to people higher up,” he said.
The complaint stems from a number of allegations over tribunal judges and staff that began in February 2007, when tribunal monitors reported that Cambodian staff members had paid a portion of their salaries to Cambodian government officials in exchange for the opportunity to work for the tribunal.
The Cambodian government rejected the claims, but fresh allegations from Cambodian staff members to the UN arose in June 2008, leading to the suspension of $300,000 in salaries on the Cambodian side of the courts.
Nuon Chea’s lawyers have written requests for an explanation of the allegations to both tribunal administrators and to Council Minister Sok An.
“But nothing happened,” Pestman said Thursday, adding that he did not know the number nor the names of staff who may have paid kickbacks. “I want the prosecutors to investigate the allegations.”
Tribunal spokesman Reach Sambath said he did not have detail’s of Thursday’s complaint, but said the tribunal continued to investigate the allegations of corruption.
“People who pay kickbacks cannot be independent,” Michiel Pestman, the leading international defense attorney, told reporters outside the Municipal Court, joined by assistant attorneys Victor Koppe and Andrew Ianuzzi.
Nuon Chea, 84, chief ideologue of the Khmer Rouge and lieutenant to Pol Pot, was arrested in September 2007 and faces charges of war crimes and crimes against humanity.
But Pestman said his client could not receive a fair hearing under a corrupt system.
“We are seriously worried about the legitimacy of the court and also worried that our client will never get a fair trial if people are paying kickbacks to people higher up,” he said.
The complaint stems from a number of allegations over tribunal judges and staff that began in February 2007, when tribunal monitors reported that Cambodian staff members had paid a portion of their salaries to Cambodian government officials in exchange for the opportunity to work for the tribunal.
The Cambodian government rejected the claims, but fresh allegations from Cambodian staff members to the UN arose in June 2008, leading to the suspension of $300,000 in salaries on the Cambodian side of the courts.
Nuon Chea’s lawyers have written requests for an explanation of the allegations to both tribunal administrators and to Council Minister Sok An.
“But nothing happened,” Pestman said Thursday, adding that he did not know the number nor the names of staff who may have paid kickbacks. “I want the prosecutors to investigate the allegations.”
Tribunal spokesman Reach Sambath said he did not have detail’s of Thursday’s complaint, but said the tribunal continued to investigate the allegations of corruption.
19 comments:
Oh come on! Some people say we should not allow to laudry the money and now they say our system is dirty!
What can I do?
HUN XEN PhD,
the question is: should criminals have the right to sue?
criminals are stripped of their rights! none, zich!
Offcourse, he can sue. He is on trial, he not convicted YET.
Its not communist. The question is cambodia communist yet by hanoi?
Please "Stop Killing on the Khmer Soil"
This is so Funny, Didn't they!. This theather plays all kind of character.
Red-Ant.
not only duch, not only khmer rouge or viets/vietcong who murdered and persecuted khmer people and profited crime against Khmer people endlessly but UN and those who such system as well and even worse
ចំពោះអស់លោកអ្នកដែលប្រើទំព័រKI-Media ជាទីគោរពរាប់អាន
សូមលោកអ្នក មេត្តាកុំប្រើពាក្យអសុរស នៅក្នុងទំព័រនេះ
ទើបវាមានតម្លៃទៅបាន។ ព្រោះបើយើង ជេរគេក៏គ្មាន
ចំរើនអ្វីដែរ នាំឲ្យគេធុញទ្រាន់ទៅវិញទេ។ ដូច្នេះ គួរយើង
សរសេរជាមតិ យោបល់ វិញទើបប្រសើជាង។
What else is new in the soul of Cambodia court system? It is very hopeless due to corruption, gov’t meddling and manipulation of national judges. International may be wasting its time and wealth to support this trial for nothing. Hopefully this tribunal process is a successful one if not a failure before those responsible members reach their last breathe.
If the Developed countries can down Saddam Hussein over night, what taken them so long to take Hun Sen down?
The answer is that the KR are trying to play a silly game before they perish from this planet earth.
I am fully support the foreign Lawyers 100%. It is very true on the statements of the foreign Lawyers said that parts of the Cambodian Judges bribed to the HS government to keep those Cambodian judges in the Court system.
1/ Look at this. Mrs Leang, is the niece of Sok An, the 2nd strong man after Hun Sen. She is a current Cambodian Judge in the KRT. This is a 100% conflict of interest. Mrs Leang mus be removed immediately from the International Court (KRT)system.
2/ If the foreign Lawyers find that the corruption of bribing by the Cambodian Judges to HS government as stated the above, these are 100% fraud. Those Cambodian Judges MUST be convicted for FRAUD.
3/ If the foreign Lawyers find that those Cambodian Judges have bribed to the HS government, therefore all those top government leaders must be prosecuted.
ICC (International Criminal Court)watch.
ពុករលួយនិងទំនាស់ផល់ប្រយោជន៍ វាបានក្លាយ
ទៅជាប្រព័ន្ធធ្វើការងានៅក្នុងសង្គមខ្មែរទៅហើយ ។ ដំណោះស្រាយ គឺត្រូវធ្វើយ៉ាងណាកាត់ទោស
ពួកអតីតមេខ្មែរក្រហម ឲ្យបានឆាប់រហ័ស ទៅតាម
កាលៈទេសៈដែលអាចធ្វើទៅកើត ។ អ្វីដែល
សំខាន់នោះ គឺថា តើពួកមេធាវី ទាំងខ្មែរនិង
អន្តរជាតិ មានឆន្ទៈឈ្មួសឈ្មុលរកមធ្យោបាយ
ដើម្បីយកឈ្នះលើឧបសគ្គផងទាំងពួងបានដែរ
ឬទេ???
ECCC is tainted since day one.
Dirty dishes needed clean fresh water to clean them in a different washing pot.
Reach Sambat is incompetent and most of assigned jobs at ECCC earmarked to relatives and close friends of high officials in Phnom Penh.
Sok An needs to stay clear from ECCC.He's the dirtiest dish of all.
Keep him no gain, lose him no loss.
No we don't want 100% transparent system however a fairly represent majority needs. Most of you guy want a change but look at general election - because you casted for him?
Every bodies can sue any bodies in the western as long as you have the cases ,that is the way democratic works ,now thank that this Lawyer bring the corrupt case up ,let show them the real justice it work not the monkey court system .
This is no doubt Ah Scam Rainxy's idea to free the murderers and deny Khmer people the justice they have waited for for decades.
Khmer govt and Khmer Supreme Court, all any level are nepotism.
Red-Ant.
i don't blame them; after all, someone has gotten to do so, especially when they see something "fishy" going on in cambodia! god bless cambodia.
it reminds of a western literature i read by shakespearce which stated corruption in medieval europe by saying "i smell somthing fishy in denmark, or something smells rotten and fishy in denmark". same can be said about some aspect in cambodia as well. thank you.
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