Co-prosecutors Robert Petit, of Canada, and Cambodian Chea Leang at the Extraordinary Chambers in this file photograph. Lawyers for former Brother No 2 Nuon Chea have accused Chea Leang of receiving instructions from the government. (Photo by: AFP/ECCC POOL)Thursday, 04 June 2009
Written by Georgia Wilkins
The Phnom Penh Post
Foreign lawyers for Nuon Chea have accused top court officials of breaching the tribunal's independence laws, amid pressure from the government.
INTERNATIONAL lawyers at the Khmer Rouge tribunal said they have been "reliably informed" that national co-prosecutor Chea Leang has received instructions from the government not to prosecute more suspects at the UN-backed court.
They also said they have evidence suggesting that the government blocked judges from interviewing Prime Minister Hun Sen and King Father Norodom Sihanouk, as well as other top government officials, as part of an investigation into their client.
In four separate emails sent to the two investigating judges and two prosecutors - and forwarded to the press - the foreign lawyers representing Nuon Chea claimed the top officials were in breach of the court's law on independence and requested them to confirm or deny allegations in writing.
"We are reliably informed that you [Chea Leang] have received instructions from the [government] not to pursue the prosecutions which form the basis of the disagreement," an email to Cambodian prosecutor Chea Leang stated.
"Therefore, on information and belief, it appears your office may be in breach of ... the ECCC agreement and ... the ECCC law," it added.
An email to international co-prosecutor Robert Petit claimed lawyers had also been "reliably informed" Petit was in possession of "actual or constructive knowledge" that Chea Leang had received such instructions, and, as such, accused Petit of being in breach of the same court laws.
Petit would not comment on the allegations Wednesday except to say that he had read the email, and that he was "well aware of [his] responsibilities, both as a UN official and a member of the bar".
The emails to the judges cited a recent report by court monitors at the Open Society Justice Initiative, which said court sources had verified that the government was "attempting to block" the investigating judges from interviewing certain "insider" or "high-level witnesses" in the government. As a result, lawyers said, judges were also in breach of court law.
Co-lawyer Michiel Pestman confirmed that allegations towards the judges related to the recent dismissal of requests by his defence team to interview the prime minister and other government officials. He would not name any of the sources for the information.
"Without independent judges, there's never going to be a fair trial," Pestman said.
Chea Leang said Wednesday that she had not yet read the email and so could not comment. Council of Ministers spokesman Phay Siphan could not be reached for comment.
In a press conference earlier in the day, Chea Leang denied that there was political interference at the court. "This court is an independent court," she said.
ADDITIONAL REPORTING BY NETH PHEAKTRA
INTERNATIONAL lawyers at the Khmer Rouge tribunal said they have been "reliably informed" that national co-prosecutor Chea Leang has received instructions from the government not to prosecute more suspects at the UN-backed court.
They also said they have evidence suggesting that the government blocked judges from interviewing Prime Minister Hun Sen and King Father Norodom Sihanouk, as well as other top government officials, as part of an investigation into their client.
In four separate emails sent to the two investigating judges and two prosecutors - and forwarded to the press - the foreign lawyers representing Nuon Chea claimed the top officials were in breach of the court's law on independence and requested them to confirm or deny allegations in writing.
"We are reliably informed that you [Chea Leang] have received instructions from the [government] not to pursue the prosecutions which form the basis of the disagreement," an email to Cambodian prosecutor Chea Leang stated.
"Therefore, on information and belief, it appears your office may be in breach of ... the ECCC agreement and ... the ECCC law," it added.
An email to international co-prosecutor Robert Petit claimed lawyers had also been "reliably informed" Petit was in possession of "actual or constructive knowledge" that Chea Leang had received such instructions, and, as such, accused Petit of being in breach of the same court laws.
Petit would not comment on the allegations Wednesday except to say that he had read the email, and that he was "well aware of [his] responsibilities, both as a UN official and a member of the bar".
The emails to the judges cited a recent report by court monitors at the Open Society Justice Initiative, which said court sources had verified that the government was "attempting to block" the investigating judges from interviewing certain "insider" or "high-level witnesses" in the government. As a result, lawyers said, judges were also in breach of court law.
Co-lawyer Michiel Pestman confirmed that allegations towards the judges related to the recent dismissal of requests by his defence team to interview the prime minister and other government officials. He would not name any of the sources for the information.
"Without independent judges, there's never going to be a fair trial," Pestman said.
Chea Leang said Wednesday that she had not yet read the email and so could not comment. Council of Ministers spokesman Phay Siphan could not be reached for comment.
In a press conference earlier in the day, Chea Leang denied that there was political interference at the court. "This court is an independent court," she said.
ADDITIONAL REPORTING BY NETH PHEAKTRA
10 comments:
To Chea Leang,
In a press conference earlier in the day, Chea Leang denied that there was political interference at the court. "This court is an independent court," she said.
I understand Mrs. Leang that the court is independent, but you are not independent. You do what you told. That is the problem. You look beautiful, but why you are so bad in heart and mind!! Can you clean your brain and work for Cambodians!!!
A person like you is useless for Cambodia, no matter how smart and professional you are. Are you a Khmer or Youn? If you are a Khmer I will forgive but you must change your bad immoral behavior, if you are Youn, no way, unless you go back to VN now or soon!!! Take care Chea Leang!!
Thanks
Ref: ''You do what you are told''
She is beautiful??? She is so ugly.
Everytime it comes to the matter of responding to any problems, Cambodia officers/ ministers can never respond immediately. They always use the very fucking cliche excuse that, they are not aware of the matter, they did not receive such an information, and now this dumb judge said she hasnt read the email.
Very competent! go to hell corrupt government!
Everytime and every thing is always new in Cambodia, esp. KR court. I personally have never believed that the KH process will come fair for all Khmer victims during the communist regime(?).
It`s easy to get the real answer (lie or not) wheather someone has checked Email or not. If receiver deny but the sender has get the read confirmation, so all reader will understand....
IT-Webdeveloper
Mrs. Chea Leang is my future mother in law, I don't want to see anyone says bad about her, it hurts my darling. So, i just want to let you know she has her own difficulties. Please you guys understand her kindly. If you do something against her, I will stand by her side, ok?
10:39 PM
What you meant? I can tell if you go against Chea Leang, I will not tolerate with you guys!!! You don't need to know how I am, just know that in Srok Khmer, I can do anything I want or more than you guys.
If chea leang interferes with the investigation of the Tribunal Judges, the UN should put her on trial as well. She clearly breaches her duty as an independent govt official.
To:
- 10:39PM You are a licker of Hun Sen shit.
- 3:30AM You are a Mother fucker
- 3:55AM You are a terrorist in Cambodia. The U.S FBI should go after you very soon. LOL......
ហេតុអ្វីយួនដាក់ ជាលាង ដើម្បីគ្រប់គ្រោងគ្រប់
យ៉ាងក្នុងសាលាក្ដីកូនកាត់ ដែលមិនឯករាជ្យ គ្មាន
ខ្នាតត្រឹមត្រូវ?
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