Marcel LemondeFriday, October 09, 2009
By Patrick Falby
AFP
PHNOM PENH — The lawyer for a former Khmer Rouge leader on Friday filed a demand that the French investigating judge be disqualified from Cambodia's UN-backed war crimes court for alleged bias.
Michael Karnavas, attorney for ex-Khmer Rouge foreign minister Ieng Sary, said the motion was based on allegations that Marcel Lemonde told subordinates to favour evidence showing suspects' guilt over evidence of their innocence.
The tribunal was set up to bring to justice the leaders of the genocidal late 1970s Khmer Rouge regime.
Karnavas said Lemonde was "giving instructions to his investigators to game the process. In other words, to look primarily for evidence that supports the prosecution".
The lawyer said he submitted his complaint based on a statement made by the former head of Lemonde's intelligence and analysis team, Wayne Bastin, at an Australian police station on Thursday.
A copy of the statement obtained by AFP said Lemonde shocked subordinates in a meeting at his Phnom Penh home in August when he told them, "I would prefer that we find more inculpatory evidence than exculpatory evidence".
Under the Khmer Rouge court's regulations, investigating judges are required to be impartial while researching allegations made by prosecutors. Defence teams are not permitted to make their own investigations.
"How is it that (Lemonde) can remain in the position in light of what we know now?" Karnavas said, adding that such behaviour was "outrageous".
Speaking on Lemonde's behalf, tribunal spokesman Lars Olsen said he had no comment on the issue.
Lemonde is currently investigating the court's second case, against Ieng Sary and his wife, former minister of social affairs Ieng Thirith, as well as Khmer Rouge ideologue Nuon Chea and ex-head of state Khieu Samphan.
Heather Ryan, who monitors the court for the Open Society Justice Initiative, told AFP that the defence would probably need to demonstrate systemic bias for Lemonde to lose his job.
"An off the cuff remark made in private -- like what was quoted -- may not be significant," Ryan said.
Under the court's internal rules, Lemonde's previous work on investigations remains valid even if he is disqualified from the tribunal.
Lemonde also met controversy earlier this week when it was revealed he summoned six top government and legislative officials to testify against Khmer Rouge leaders, a move opposed by Prime Minister Hun Sen's administration.
Final arguments in the court's first trial of prison chief Kaing Guek Eav, known by the alias Duch, are scheduled for late next month.
But the tribunal, created in 2006 after several years of haggling between Cambodia and the UN, has faced accusations of political interference and allegations that local staff were forced to pay kickbacks for their jobs.
Led by Pol Pot, who died in 1998, the Khmer Rouge emptied Cambodia's cities in a bid to forge a communist utopia between 1975-79, resulting in the deaths of up to two million people from starvation, overwork and torture.
Michael Karnavas, attorney for ex-Khmer Rouge foreign minister Ieng Sary, said the motion was based on allegations that Marcel Lemonde told subordinates to favour evidence showing suspects' guilt over evidence of their innocence.
The tribunal was set up to bring to justice the leaders of the genocidal late 1970s Khmer Rouge regime.
Karnavas said Lemonde was "giving instructions to his investigators to game the process. In other words, to look primarily for evidence that supports the prosecution".
The lawyer said he submitted his complaint based on a statement made by the former head of Lemonde's intelligence and analysis team, Wayne Bastin, at an Australian police station on Thursday.
A copy of the statement obtained by AFP said Lemonde shocked subordinates in a meeting at his Phnom Penh home in August when he told them, "I would prefer that we find more inculpatory evidence than exculpatory evidence".
Under the Khmer Rouge court's regulations, investigating judges are required to be impartial while researching allegations made by prosecutors. Defence teams are not permitted to make their own investigations.
"How is it that (Lemonde) can remain in the position in light of what we know now?" Karnavas said, adding that such behaviour was "outrageous".
Speaking on Lemonde's behalf, tribunal spokesman Lars Olsen said he had no comment on the issue.
Lemonde is currently investigating the court's second case, against Ieng Sary and his wife, former minister of social affairs Ieng Thirith, as well as Khmer Rouge ideologue Nuon Chea and ex-head of state Khieu Samphan.
Heather Ryan, who monitors the court for the Open Society Justice Initiative, told AFP that the defence would probably need to demonstrate systemic bias for Lemonde to lose his job.
"An off the cuff remark made in private -- like what was quoted -- may not be significant," Ryan said.
Under the court's internal rules, Lemonde's previous work on investigations remains valid even if he is disqualified from the tribunal.
Lemonde also met controversy earlier this week when it was revealed he summoned six top government and legislative officials to testify against Khmer Rouge leaders, a move opposed by Prime Minister Hun Sen's administration.
Final arguments in the court's first trial of prison chief Kaing Guek Eav, known by the alias Duch, are scheduled for late next month.
But the tribunal, created in 2006 after several years of haggling between Cambodia and the UN, has faced accusations of political interference and allegations that local staff were forced to pay kickbacks for their jobs.
Led by Pol Pot, who died in 1998, the Khmer Rouge emptied Cambodia's cities in a bid to forge a communist utopia between 1975-79, resulting in the deaths of up to two million people from starvation, overwork and torture.
11 comments:
wHAT'S FUCK OF THIS DOING? DON'T MAKE AMESS WITH MY COUNTRY OK.
Ah Chhkuot 5:32 AM ! You are real Khmer rouge.
Pi Anh Father of CPP and PPU
If u want to prosecute someone, of course, u look primarily for evidence that supports the prosecution, u idoit! Ah monkey judges from hanoi don't understand that.
Ah chkout euy, you don't need to be a lawyer to understand a basic legal process. If you are the Prosecutor, of course...your primarily goal is to look for valid evidences that link to the suspects. What kind of a stupid lawyer are you, Michael Karnavas? Go back to law school and retake your civil procedures again. Oh, by the way, did you get F in civil proceudure class? Don't try to play politics...Mother Fucker!
No politic for Hun Sen.
Hun Sen is other killer too during his term as pm of cambodia.
Let's the court do their works and the truth will come out.
Off cause all murderers will never admit that they are killers, So you have to find evidence showing suspects' guilt over their existing evidence which once presume that they were innocents in which it may not be after all. Marcel Lemonde is right, sometimes, evidence can be found by looking into the controlled periods, E.g. between 1975-1979 who were the people involved in leaderships style? How many people died during that periods?, and it is not hard to see who is guilty or not! In addition we can easily find out who did what during that time, such as, all evidences can be found right in front of you like, 2-3 million skulls, etc. I am not bias but I can see that Hun Sen was part of it but in the end he was the one who made the changes, which known as a new liberation! So, Our Khmer people need to separate between the offenders and the liberators! On the other hand, if not for Hun Sen and a number of other liberators, we Khmer would no longer be existed. Therefore, we Khmer need to give some credits to our liberators. We need to think a fresh like from the year zero; so basically, our country is only 30 years old. Everyone knows that every government has its own good and bad, however, it is best if all we Khmer diplomats united and work together as a team, focusing on community building processes, because as we all know that all conflicts have no benefit for us but destructions. On the other hand, we don’t want other races to take advantage of us fighting with each other and let them wait for the chance to grab our possessions like people and land, extra. Aust
Democratic Kampuchea Pol Pot Khmer Rouge Regime had committed:
Tortures
Brutality
Executions
Massacres
Mass Murder
Genocide
Atrocities
Crimes Against Humanity
Starvations
Slavery
Force Labour
Overwork to Death
Human Abuses
Persecution
Unlawful Detention
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed:
Attempted Murders
Attempted Murder on Chea Vichea
Attempted Assassinations
Attempted Assassination on Sam Rainsy
Assassinations
Assassinated Journalists
Assassinated Political Opponents
Assassinated Leaders of the Free Trade Union
Executions
Executed members of FUNCINPEC Party
Murders
Murdered Chea Vichea
Murdered Ros Sovannareth
Murdered Hy Vuthy
Murdered Khim Sambo
Murdered Khim Sambo's son
Murdered members of Sam Rainsy Party.
Murdered activists of Sam Rainsy Party
Murdered Innocent Men
Murdered Innocent Women
Murdered Innocent Children
Killed Innocent Khmer Peoples.
Extrajudicial Execution
Grenade Attack
Terrorism
Drive by Shooting
Brutalities
Police Brutality Against Monks
Police Brutality Against Evictees
Tortures
Intimidations
Death Threats
Threatening
Human Abductions
Human Abuses
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Bribery
Illegal Arrest
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation on Sokha Helicopter, while Hok Lundy and other military officials were on board.
Illegally Sold State Properties
Illegally Removed Parliamentary Immunity of Parliament Members
Plunder National Resources
Acid Attacks
Turn Cambodia into a Lawless Country.
Oppression
Injustice
Steal Votes
Bring Foreigners from Veitnam to vote in Cambodia for Cambodian People's Party.
Use Dead people's names to vote for Cambodian People's Party.
Disqualified potential Sam Rainsy Party's voters.
Abuse the Court as a tools for CPP to send political opponents and journalists to jail.
Abuse of Power
Abuse the Laws
Abuse the National Election Committee
Abuse the National Assembly
Violate the Laws
Violate the Constitution
Violate the Paris Accords
Impunity
Persecution
Unlawful Detention
Death in custody.
Under the Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed crimes against journalists, political opponents, leaders of the Free Trade Union, innocent men, women and children have ever been brought to justice.
Communist Vietcong,Sihanouk,Mao killed 2 315 456 innocent people khmer.
"Three things cannot be long hidden:the Sun,the Moon,and the truth"Buddha
http://fr.youtube.com/watch?v=sVLTFmWX4VE
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http://www.youtube.com/watch?v=DIrUHVFkm9A&feature=related
According to what those guys did to Khmer people during the Khmer Rouge regime , it doesn't matter who will prosecute the case , they will be found guilty and will be locked up for the rest of their lives because there are too many evidences and withnesses to prove .
10;54pm.
And are you sure that those skulls were all belonged to only Khmers not Vietnamese?
Why are the Vietnamese so smart by not allowing to have graves for those ethnic minorities in Vietnam whom they killed? For at least more than 20 million presumed burned alive by the Vietnamese Rouge. What purposes to have many skulls in Cambodia? To bring trial to divert attentions from building the country?
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