Lars Olsen
The Phnom Penh Post
I write in response to a letter to the editor from Ms Theary Seng which was published in The Phnom Penh Post on April 7, 2011.
Ms Seng claims that I have attempted to “pre-empt” her application to become a Civil Party in Cases 003 and 004 before the Extraordinary Chambers in the Courts of Cambodia (ECCC) “and those of potential other victims”. In this matter, she seems to be missing the point. I am confident that the civil party application Ms Seng has lodged will be dealt with in accordance with the judicial process prescribed by the law.
My comments about “premature”, “irresponsible” and “reckless” were related to Ms Seng’s act of publicly naming two individuals she alleges to be subject to investigation in Cases 003 and 004. I maintain that her public allegations against named individuals are premature, irresponsible and reckless, as no person has yet been charged in these cases and the identity of any persons connected to these cases remains confidential. The names brought forward by Ms Seng are based on mere speculation.
It is the practice of this court and normal accepted international legal practice not to make public the identity of suspects under investigation. This is to potentially protect innocent persons and to honour the presumption of innocence, which is a fundamental human right. This protection is enshrined in the Internal Rules of the ECCC, in the Agreement between the United Nations and Royal Government of Cambodia and in the Law establishing the court.
After the initiation of a criminal investigation there might be several suspects under review. A suspect will only be charged where the Co-Investigating Judges deem that there is clear and consistent evidence indicating a person may be criminally responsible for the commission of a crime within the jurisdiction of the court. It is normally only if a suspect has been formally charged with crimes, that the identity of the person may be made public. In accordance with the relevant laws, it is only the Co-Investigating Judges who can decide to make any information about the investigation public.
Ms Seng has chosen to make public allegations that named individuals are being investigated when no one has publicly been identified by the Co-Investigating Judges as being under investigation or charged.
There are good reasons for judicial investigations not to be conducted in public. Persons who are the subject of public unsubstantiated allegations of criminal conduct have no legal remedy to defend themselves. Publicly naming individuals as the subject of a criminal investigation, with no basis, shows complete disregard for judicial due process and principles of law.
Lars Olsen,
Legal Communications Officer
Extraordinary Chambers in the Courts of Cambodia
17 comments:
I agree with Mr. Olsen.
In U.S a few years ago many believed that the big star, O.J Simson was the real murder of his wife but in fact there was not enough evident to prove likewise that he did it so he was acquitted by the court to be a free man.
Ms. Seng as some believes that she is a decent law school and a member state bar association.
To me and many of my associates have regarded her many times as a seft promote big time.
Indeed we admire her to have a courage to involve with these KR criminal acts against Humanity but you have to listen to some expert advices and learning experiences.
Ego and selfist would not serve people best interests...
Sometimes the legal procedures themselves appear to be a slow process. Despite this, I agree with the above commentators. An individual's dignity and innocence can be tarnished by this kind of action even though it is difficult to accept this fact.
Sometimes the legal procedures themselves appear to be a slow process. Despite this, I agree with the above commentators. An individual's dignity and innocence can be tarnished by this kind of action even though it is difficult to accept this fact.
Ego and arrogance are the main reason behind many failures and tragedies in our history from past to present.
Mr. Rainsy, Ms Theary are two individuals with detrimental ego and self-damaging arrogance.
"Chae Aeng Oy Kreng Chae Ke"
I agree totally with Mr. Olsen's comment on the matter.
It is indeed appropriate and fair.
Let us wait first and let the court do its job before deciding that the oxen do not want to move forward and for that reason, the cart should be pulling them.
Anet Khmer
I completely agree with this explanation of the court. Please move on and continue to work together for the best interest of the victims. I know, there are many lawyers who have lacked of life experiences and pretended to know everything.
Example of young tiger and old tiger. They are the same specie and but they have different skill to dealt with their daily hunting.
A man calling himself as Khmer in Sydney has obsessed with a university he got but is unemployable in a western world tried to tease me for not having one but he forgot to see that a person like myself do not need to have this kind of university degree at all but I can live in my full potential without begging others for a job to live. This is a different between people to people. I urge people need to make more dialogs first before making any wrong remarks.
Areak Prey
Mr Olsen no matters what happen just remember this.Justice delayed justice denied.
hello mr chae ang oy kreng chae ke
before you say something about mr samrainsy and miss seng. why don't you think of hun xen who is not only selfish and arogan,but has murdered of his opponents and do whatever it takes to keep his regime in powe.how is that for self-serving and arogan
the simple fact that presumed innocent until proven guilty is not understood by theary seng proves that she ain't a lawyer. she didn't even the bar exam in NY as she claimed she did. a lot of people can see through her and yet she does not have an inkling.
Khmers don't make good layers and Theary Seng is no exception. She is a fake.
I always find it fascinating to see two lawyers going at each other. Both are very competent in their language and thinking and researching abilities. How can two Western-educated individuals be exchanging tense language in front of the Brute Hun Sen's jungle kingdom. Hun Sen will have a field day in all of this. Western-educated people must never become entertainers of the Brute Hun Sen. Select your arena somewhere elese, but never in the Brute Hun Sen's jungle kingdom.
You know that the ECCC was a semi-show trial that serves to only make people feel good. If only Duch, Sary, Chea, Samphan, and Thirith are the indictees, go on and pretend that justice was served.
Good on you Theary. I wish you well and success in your push and be not bullied by these bureaucratic of the Khmer Rouge Tribunal. I have lost all my confidence to all of these so-called international judges. They used Cambodian death to make their daily living. Where on earth, after 5 years of court cases, only one criminal has been found for the death of 3 millions people? Where on earth only one criminal, the court has cost US$100 millions dollars?
THe leader of the group is still enjoying his full life and all criminals are mocking their victims every day.
Areak Prey
I don't know who is the fake lawyer -- but Lars has provided precisely explanation based on the fact and law. Well done Lars.
Theary - do learn from mistake. Only then you might find where to go... Good luck
Even Olsen was right he should use other words. It doesn't help attacking Theary Seng in that way. And finally he should remember what happened from 1975 to 1979: Does he really think those individuals aren't guilty??? They should get a fair trial and finally be convicted!
Mr Olson wants to take more time then he can make more money.
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