NPC Newsmaker Theary Seng with author Chanrithy Him at the National Press Club (Washington, DC, 5 March 2010).Please find below Ms. Theary Seng's reply to the following question asked by one KI-Media Reader:
The Khmer Rouge Tribunal (or formally, the Extraordinary Chambers in the Courts of Cambodia, ECCC) can only provide “symbolic”, “proximate” and “selective” justice, not perfect, comprehensive justice.
To try only 5 (with the real possibility of an even more narrow possibility of Duch being the sole scapegoat!) is not enough; to try everyone—which could be in the thousands theoretically—is not practical, realistic or beneficial to the country; it works against reconciliation and would cause social and political instability.
There is no magic number of how many should be tried; an additional five to the existing five is not unreasonable. What is unacceptable is when politics interfere in the process and the Prime Minister acts as the prosecutor and the Judge.
The ECCC is a court of law which as a legal mechanism is greatly limited in its ability to provide legal accountability.
First of all, any court of law is limited by its narrow mandate to convict or to let go based on available evidence. And the limitations are further circumscribed by rules of procedure, evidentiary rules, courtroom decorum, arcane language/legalese and other fair trial rights.
Second, in addition to the general limitations, the ECCC is even more limited by the 30-year old evidence (lost, compromised or witnesses are dead or too fearful to come forward), charges of corruption, political interference, scope of the crimes and magnitude of crime scene, 3 different official languages, natural and ill-will delays etc.
Currently, the ECCC is detaining five individuals:
However, Prime Minister Hun Sen has expressly blocked this possibility: "If the court wants to charge more former senior Khmer Rouge cadres, [it] must show the reasons to Prime Minister Hun Sen” referring to himself in the third person. The political interference of the Prime Minister Hun Sen in this regard is unacceptable.
I am a bit swamped to provide a more detailed response than the above. But hopefully soon, I will have time to refine my outline from the various talks I’ve been giving at the World Bank and the National Press Club here in Washington, DC on the ECCC to shed further light on the matter.
____________
Theary C. SENG, from Washington, DC. temporarily
"How so, Ms. Theary Seng, please?"
According to Theary Seng: "Were all Khmer Rouge involved in killings to be tried, the country could see instability, she said, echoing concerns of Prime Minister Hun Sen and other Cambodian court officials."
The statement above plays into mr. hun sen's manipulation of the khmer rouge tribunal. Over 1.7 millions lost their lives during the khmer rouge, yet Mr. hun sen cleverly manipulates the court by using the excuse such as "instability". Does the khmer rouge tribunal work for Mr. hun sen? No one should be exempted from the crime against humanity. If you committed a crime you must be punished, regardless of circumstances.
4:50 AM
The Khmer Rouge Tribunal (or formally, the Extraordinary Chambers in the Courts of Cambodia, ECCC) can only provide “symbolic”, “proximate” and “selective” justice, not perfect, comprehensive justice.
To try only 5 (with the real possibility of an even more narrow possibility of Duch being the sole scapegoat!) is not enough; to try everyone—which could be in the thousands theoretically—is not practical, realistic or beneficial to the country; it works against reconciliation and would cause social and political instability.
There is no magic number of how many should be tried; an additional five to the existing five is not unreasonable. What is unacceptable is when politics interfere in the process and the Prime Minister acts as the prosecutor and the Judge.
The ECCC is a court of law which as a legal mechanism is greatly limited in its ability to provide legal accountability.
First of all, any court of law is limited by its narrow mandate to convict or to let go based on available evidence. And the limitations are further circumscribed by rules of procedure, evidentiary rules, courtroom decorum, arcane language/legalese and other fair trial rights.
Second, in addition to the general limitations, the ECCC is even more limited by the 30-year old evidence (lost, compromised or witnesses are dead or too fearful to come forward), charges of corruption, political interference, scope of the crimes and magnitude of crime scene, 3 different official languages, natural and ill-will delays etc.
Currently, the ECCC is detaining five individuals:
- (i) Case File 001: Duch under “those most responsible”, which has gone to trial and we are not awaiting the verdict, expected within the next several days; and
- (ii) Case File 002: Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith under “senior Khmer Rouge leaders”, whose trial is expected to start early next year 2011.
However, Prime Minister Hun Sen has expressly blocked this possibility: "If the court wants to charge more former senior Khmer Rouge cadres, [it] must show the reasons to Prime Minister Hun Sen” referring to himself in the third person. The political interference of the Prime Minister Hun Sen in this regard is unacceptable.
I am a bit swamped to provide a more detailed response than the above. But hopefully soon, I will have time to refine my outline from the various talks I’ve been giving at the World Bank and the National Press Club here in Washington, DC on the ECCC to shed further light on the matter.
____________
Theary C. SENG, from Washington, DC. temporarily
28 comments:
i'm proud of these women. they are courageous, intelligent, and well-educated, etc... they are an inspiration to all young people. please keep up the good work. cambodia appreciates our daughters and sons. god bless all.
these women understood a lot, and their view points matter a lot. that's what you get for having open-mindedness, etc... they all can be our teachers, friends...
Americans have invested in Human Rights in Cambodia. That's the difference!
She lost her job late last year because of her fansy philosophy . I'm wondering if she got another job or still running around barking from the outside .
Cambodia need woman like Theary Seng.
However, the Cambodian men would never allow that a woman like her will become into power.
I know her personally and can say she is really a very good woman with a heart of gold.
I hope that she personally find for her Life what she is looking for!
Definitely NOT a Cambodian man!
I believe that ECCC unavoidably push towards the next level, having 5 heavily committed crimes as demanded by Mr Robert Petit.
Thank for your persistance ECCC.
Kaun Khmer
She is brilliance and intelligence Khmer woman!
She lost her previous job because the basdard Hun Sen scare of her and used other idiot guys to manipulate thing - from black to white and from white to black.
Australia
correction: bastard Hun Sen scared
Dear Ms. Seng Theary,
I am getting so sick and tired of the Khmer Rouge' s business. Can Ms. Seng Theary writ or complain other issue beside Khmer Rouge isssue? Hey! Ms. Seng- you are not alone was in Khmer Rouge regime, I had families killed as well as like other Cambodian people. I was a former Khmer Rouge soldier, I had never killed anyone of the Cambodian people. Since you are so smart and brilliant, I would ask you to continue writing books which relate to other issue that's sound better then writting about Khmer Rouge. We all know about the Khmer Rouge regime. Am I clear to you Ms. Seng Theary?
Long sentense I won't read it.
AK KM
I admire her vision, , knowledge, and skills of the international laws. She advocates for the entire khmers who had been victimized by the khmer rouge regime. The crime is a crime no exception. Donors have spent millions millions dollars just to find justice for the victims. Honestly speaking, I don't trust this court in cambodia.
Dear Theary,
As much as I admire your conviction for the nation, I am of the same opinion as poster 8:54PM. I, too, experienced the horrible KR regime, and those painful memories and tragedy will remain with me for the rest of my life. That being said, I believe it is time to move on. We should not let the past held us captive. In my opinion, our times would be well spent by living and accomplishing goals that are relevant and more important to the present rather than by reminiscing the past terrible tragedy.
Wish you all the best, and hope in the near future you’ll find a true soul mate to share all the wonders life has to offer.
Khmer Academy
Correction: ... soul mate to share with ...
remember respect, ok! that's all we ask of each other, really!
Khmer Rouge issue should remain the hottest issue until all former Khmer Rouges in Cambodian power brought to justice.
Cann't wait for The UN to call the cleaner. It's too damm long.
WHAT YOU GO NA DO 11:26?
WHO THE HELL ARE YOU 10:58?
8:54 GET LOST YOU STUPID APE! LET NO ONE FORGET ABOUT THE CRIME SO WE NOT REPEAT THE EVIL THING AGAIN!
6:06 PM,
If any Khmer man would not stand a chance to be her mate, why does she bother to even be in Cambodia? That was a snobbish attitude that allows one to think the she is higher than others.
There may not be that many khmer men that even had any attraction to her unique beauty...
It is in the eyes of the beholder thingy...so, sometimes it is nice to stay off the high horse and see things at ground level...
To Khmer Academy,
First, your correction at 10:24PM still needs correcting. It should have been written as "...soul mate with whom to share..."
Second, I can see your point on this issue. However, I want to ask you why you and poster 8:54PM resort to challanging good-hearted, well-educated people like Theary to to do something you guys think is more important for the nation while you forgot to ask yourself what you have done better for the country.
My friends, we don't blame or challenge good and caring people for doing good, regardless of what, why and how they do it. We should always appreciate good mind, idea, thought and action of any sort, size and form.
The only question that needs to be aksed is to ask yourself what you can do on your part and then focus on what and how you can do best to contribute in this very cause of doing good for the greater good of all. Together doing our best, we'll be able to accomplish something greater than we may have achieved doing alone.
PL
Theary Seng will does her best to finish case No 2 and then so on. Get them behind bar. Make sure Cambodia is clean from the remain Khmer Rouge legacy. It is time to make a new history.
Dear PL,
Thanks for correcting my sentence. I’ll pay more attention to the grammar next time, though I don’t intend to make the writing here looks like a thesis or an academic journal. I am sure you feel the same way. (Should we say “still needs to be corrected” or “still needs correction” rather than “needs correcting”, “… to be aksed … “ should be “… to be asked…”, … etc)
I think you misread my comment PL. I didn’t “blame or challenge” anyone, but simply stated my opinion: “In my opinion, our times would be well spent by living and accomplishing goals that are relevant and more important to the present rather than by reminiscing the past terrible tragedy”.
I’m sure an intelligent person like you would understand my comment better if you take a minute to digest it.
Khmer Academy
Democratic Kampuchea Pol Pot Khmer Rouge Regime
Members:
Pol Pot
Nuon Chea
Ieng Sary
Ta Mok
Khieu Samphan
Son Sen
Ieng Thearith
Kaing Kek Iev
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...
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
Members:
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...
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
Assassinated over 80 members of Sam Rainsy Party.
"But as of today, over eighty members of my party have been assassinated. Countless others have been injured, arrested, jailed, or forced to go into hiding or into exile."
Sam Rainsy LIC 31 October 2009 - Cairo, Egypt
Executions
Executed over 100 members of FUNCINPEC Party
Murders
Murdered 3 Leaders of the Free Trade Union
Murdered Chea Vichea
Murdered Ros Sovannareth
Murdered Hy Vuthy
Murdered Journalists
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
Embezzlement
Treason
Border Encroachment, allow Vietnam to encroaching into Cambodia.
Signed away our territories to Vietnam; Koh Tral, almost half of our ocean territory oil field and others.
Illegal Arrest
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation bomb on Sokha Helicopter, while Hok Lundy and other military officials were on board.
Lightning strike many airplanes, but did not fall from the sky. Lightning strike out side of airplane and discharge electricity to ground.
Source: Lightning, Discovery Channel
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.
Thanks to freedom of speach for allowing us to say what we have in mind including saying things to show our ignorence and stupidity . To some of those posters , read what you like , if you don't like it don't read it .. no need to complain about other people's comments .
Whos is that guy PL ? Why dont he comment according to the issue instead of asking and telling other people what to do ? I'm wondering what he thinks he is .
Will PEOPLE LISTEN? I guest!
Khmer Academy,
We need to finish the trial so khmer learn the truth about the past. Thear seng has done great. By saying so,you are playing directly into hun sen's trap- khmer society will not learn from the past, that is the reason why our society is stll plagued with criminals with impunity running amok, many in power right now.
I agree with your point, but we need to cure our cancer first before we can gradually move on. It would be good if you read up other models such as Germany, Japan after the the second world war, to see how they treated their past wrong.
Good luck with your Academy and thesis in ANU or where ever.
good luck convincing the court without being logical and real!
Dear Khmer Academy,
My friend, we can say "something still needs correcting", "something still needs to be corrected”, or “something still needs correction." All can be understood. However, I said “something still needs correcting” to mean that "there's a need for correction of that something, though it may not be known who will make the necessary correction. Maybe I or others will do it? And when you said "something still needs to be corrected", you appear to infer that somebody else other than you will undertake to make the correction. That's the difference.
Please don't get me wrong. I didn't mean to challenge you with anything. As I said earlier, I could see your point on whether or not more KR leaders should be put on trial. But, the fact that you've seemed to pretty much agree with poster 8:54PM, who I believe is somewhat short-sighted, judgmental and challenging in his response to Ms. Theary, makes me think that you may have come from the same place as where the poster came from on that matter. You both have seemed to overlook, or to unclearly see the big picture of what Ms. Theary was trying to convey here. One thing is that if justice is to be served, trial of KR leaders is necessary and must be done. The question of how many people should be brought to trial or of how much justice can be achieved from the trial is totally a different thing. What Theary said, which I pretty much agreed with her, is the symbolic nature and value of the importance of the trial as it will serve to show and prove to the public and the world that justice must be done to all crimes no matter who committed them, where and when they were committed. And that will also serve to prevent such crimes from ever happening again in the future.
Someone, maybe you, has asked who I think I am. Well, I'm just a simple student--probably like you, I guess--who is a fan of KI-Media and sometimes happens to voice my opinions in this forum on certain issues of interest to me when my time permits. However, I'm not a fan of anything or anybody taking their own liberty to resort to using unprofessional, uneducated, unproductive languages/comments as generally posted on this website.
Use good languages, share your thoughts, and we can learn from each other.
Best,
PL
This Khmer Rouge Triunal thing is a waiste of time and funds. It has been waisted millions of dollar and continues to waiste hundreds million dollars more.
ECCC are pathetic! They afraid of Hun Sen and his high crimal officials. If the international constitution unable to over-ruled Cambodia, Hun Sen's law; then it's useless. Pathetic!
Theary Seng, Ms. smart ass should have use her time where directly benefits Cambodia and Cambodians. Otherwise she just a bullshit phylosopher.
I have read some of her works and articles it sounds very very good and impressive. But so far..... that's all there is to it. Just sounds good! Hope she would implement her phylosophies for the good cause of great rolemodel as she always brag. Dont ge me wrong, I admired her thoghts but words alone never enough!
She has beauty and inteligence which most men dream of.
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