Cambodian Center for Human Rights
Media Statement
Phnom Penh, September 7, 2009
For Immediate Release
Media Statement
Phnom Penh, September 7, 2009
For Immediate Release
The Cambodian Center for Human Rights (“CCHR”) submits an Amicus Curiae Brief to the Extraordinary Chambers in the Courts of Cambodia (“ECCC”) and makes a complaint to the Special Rapporteur on torture in response to the Office of the Co-Investigating Judges (“OCIJ”) Order on the use of torture tainted evidence
The CCHR will today submit an Amicus Curiae (Friend of the Court) Brief to the Pre-Trial Chamber (“PTC”) of the ECCC to assist it in determining whether or not to uphold the OCIJ Order on use of statements which were or may have been obtained by torture dated 28th July 2009 (the “OCIJ Order”), that dismissed a motion by IENG Thirith requesting a declaration of inadmissibility of all evidence obtained through torture. Further, the CCHR will submit a letter of complaint to the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, and copy on this letter the Special Rapporteur on the situation of human rights in Cambodia.
At paragraph 28, the OCIJ Order effectively states that all torture-tainted evidence can be accepted. The CCHR submits that the OCIJ Order is irresponsible and injudicious, because:
- It amounts to a blanket acceptance of torture-tainted evidence, which is in breach of Article 15 of the Convention Against Torture (“CAT”) and is therefore illegal. The OCIJ Order has put the ECCC, and - as the ECCC is part of the Cambodian court system – Cambodia, in breach of the CAT.
- Promises made regarding the ECCC’s legacy – what the Court will leave behind for Cambodia – are fundamental to its existence, and include contributing to the development of the Cambodian judicial system and strengthening rule of law in Cambodia. Judges at the ECCC, including those in the OCIJ, must take into account the implications of their rulings for the ECCC’s legacy in Cambodia. The OCIJ evidently did not do so.
- Against a backdrop of a Cambodian judiciary suffering from corruption, political control and limited capacity, and ignoring the promises for a legacy of judicial reform, the OCIJ Order threatens the fairness of legal proceedings in Cambodia. The Cambodian judiciary could exploit the OCIJ Order in order to permit the admission of torture-tainted evidence and to ignore or apply broad discretion in their interpretation of all international law in order to achieve a desired result.
- Against a backdrop of endemic torture practices in Cambodia, and ignoring promises for a legacy of strengthened rule of law, the OCIJ Order could serve to legitimize and perpetuate endemic torture practices in Cambodia.
The CCHR’s letter of complaint to the Special Rapporteur on torture requests that he gives the matter his “urgent attention and take[s] all action necessary to bring, as soon as possible, the concerns relating to the OCIJ Order to the attention of the United Nations Assistance to the Khmer Rouge Trials (UNAKRT) and the Royal Government of Cambodia.” This letter will not be made available to the public.
Ou Virak, President of the CCHR, states: “As we submit in our Amicus Curiae brief, at the very least decisions made at the ECCC must endeavour to assist, rather than thwart, Cambodia’s difficult transition towards a functional democracy free from violence and abuse of power. The Cambodian people have been promised much by the ECCC. Our brief reflects fear: fear that these promises have been forgotten, fear that judicial reform and the strengthening of rule of law in Cambodia will be replaced by a legacy of terror.”
For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 40 40 51
Email: ouvirak@cchrcambodia.org
8 comments:
Dear, all local and oversea Cambodians,
As we are all Cambodians, pls do not waste our time anymore to criticise each other and fight only with our own people perself.
As Cambodians, we all must be proud and optimistic due to the fact that Camboida is one of the wonderful nation in the world in terms of culture, tradition, honest, patience, hard work, bravery, ....etc.
Therefore, if you agreed with me, pls let me say that from now on, we should put our interests in front firs and clearly classify them into priorities as best idea/suggestion/recommondation options for taking considerations as referent inputs in the agenda of current and future policy spaces:
1- As Khmer/Cambodians, we should unite as one voice to fight against foreign encrouchment/agression/interests;
2- As Khmer/Cambodians, we should stop criticise individual person, we should not name and colour each other;
3- As Khmer/Cambodians, we should express opinions in a manner of morality, respect to the press code. And judgement/assessment shoud be besed on data collection, survey, research, proof......etc.
Of course, even some circumstances, prerogative way of thinking may be used. However, sometime I would suggest that it should not be used and based too much on what we think perself rather than what we present as a majority/common think or perecption;
Contiue.......
4- As Khmer/Cambodians, we should only publish or disseminate information that would deem to be not useful and valuable to the interests of public, local, oversea patriots, and foreingers. Information provided should not be a such of felse or exxagerated information that would lead to conflict of interests between supporters and oppositors. Aand especially; as the result, it also misleads to the public and perceptions of foreigners because such wrong news may turn out into foreiners's wrong judgements, then lead to exsposure of bad images about Cambodia (we made and created ourself). Consequency, we lose opportunities, chances, interests, and ......etc., and then foreign countries may look down us and take opportunities/chances from our weekness; and
5- As Khmer/Cambodians, we must commit ourself and ready to devote our resouces (capital, finance, material, intellecual/brain, encouragement, motivation....etc)., and sacrify of our lifes to our nation and people. Frankly speaking, I am very impressive as I seen some of friends have done very good comments and suggestion about how to improve domecracy, defend the country's interests, deal with poverty alliviation such as ideas of transfering money back home to help families, relatives or country, express opinions to defend our nation from foreign aggression, and advise the government,......etc. However, I am very sad, while I see only small number of people always have negative and black or dark views about Cambodia that those will never be helpful to our country and people at all.By the way, since I rarely seen, may I suggest and encourage all of u to provide or share your encoutered experience about how to improve economy, trade, negotiation skills, social issues....etc, in which those ideas,sugguestions/recommondations/inputs would help Cambodia alot in general.
In conlusion, as we are now living in this modernized society, hi-technololy, free and fair trade/competition,nondiscrimination,....etc., we should stop expessing unimportant, felse, exxagerated and useless news/information that would mislead and then indirect or direct impacts to people and society, in particularly; our current chilrend or next young generation or even our Cambodian people as a whole. Incorrect news/information leads to big misleadings or misunderstandings. Therefore, negative impacts will be as follows:
- Conflict of interests;
- Creating gap, diversion, then it becomes difficulty/burdensome to break difference;
- Less chance to achieve common interest/goal/vision, then hard to get win-win solution; and
- Increase expusure of bad images about our country, then our people and country is in the position of losing, not foreign countries.
From Thana
Sorry, due to the technical problem and time constraint, u may see one of my previous posting is missing some words. However, the above text is came with an edition.
5:43 pm
I totally agree with you. Thank you for your suggestion and advice.
6:20 pm
Your posting looks interesting. Unfortunately, I can't read. What kind of language is it? It loks beautiful.
5:43 PM,
Not sure how young or how old you are. Your naivity sounds good, but to accept things as how they are given to you is a very dangerous idea. If you are young, you need to constatnly watch how your generation are being led an controlled. Any system that do not allow freedom of expression, freedom of creativity, and that does not operate based on the rule of law will not give you any of those ideals that you had fantasized in your above essay.
5:42&5:43PM,
According to your brilliant comment, then we all need to support Hun Sen and his criminal cronies, who have hurt, harmed, and deprived the innocent poor Khmer people of their land? I think your very interesting comment should be also sent to Hun Sen so he will, for the sake of the country and the people who have been longing for democracy, freedom, and social justice, learn how to soften his cocky and arrogant gesture to Khmers of all factions. Tell him so share equall fortune and happiness with the people in general if he wants to be called a leader, and not a dictator.
correction:Tell him to share
. . .and Hun Sen and all of his criminal cronies will have to be held accoutable for all of their criminal acts whem time ripens. None of them sould be allowed to go unpunished. They are the leeches of Khmer society. These will never stop sucking the Khmer nation's blood if they are not stopped by the power of laws or by the power of people as a whole.
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