Saturday, May 07, 2011

ANALYSIS: Cambodia's Khmer Rouge tribunal facing credibility crunch

May 7, 2011
By Robert Carmichael
DPA

Cambodian-American rights activist Theary Seng, whose parents died under the Khmer Rouge regime and who has applied for civil party status in Cases 003 and 004, described the current process as 'tattered justice for the poor.'

'(This) is an affront to victims of the Khmer Rouge,' she said. 'We deserve more than the cheap justice that is being administered right now.'


Phnom Penh - Observers at the UN-backed war crimes tribunal fear political interference and UN inaction will soon see the end of two cases against several former Khmer Rouge cadres.

In October, Cambodian Prime Minister Hun Sen told visiting UN Secretary-General Ban Ki-moon that he would not permit the cases - known as Cases 003 and 004 - to proceed. They reportedly involve three mid-level Khmer Rouge cadres and two senior military officers from the 1975-79 regime.

Earlier this week the tribunal's investigation arm said it had handed over Case 003 to the prosecution for its assessment. That prompted calls for transparency over fears the process to shelve those cases had begun.

The tribunal's first case, in which former security chief Comrade Duch was convicted of war crimes, concluded in 2009 but is under appeal. The second case, against four elderly Khmer Rouge leaders, will likely begin later this year to determine their alleged roles in the deaths of up to 2.2 million people.

The Open Society Justice Initiative (OSJI), which is funded by US billionaire George Soros and which monitors the tribunal, was among the first to voice its concerns over Case 003.

The OSJI's Clair Duffy said Friday the chances of Case 003 proceeding to trial were 'very low,' not least due to a background of political interference and a recent statement by the Cambodian deputy prosecutor supporting the government line.

Duffy said the investigating judges had failed to speak out against overt political interference.

'And there's an obligation on the part of the UN to speak out on those issues particularly in terms of judicial independence, and they haven't. So why is that?' Duffy asked.

The hybrid tribunal has a parallel structure of international and Cambodian staff in each area. On Friday, the international co-prosecutor Andrew Cayley said he would do his 'legal duty under the rules and the law of the court.'

'To that end my office is reviewing case file three in order to see what action we will need to take under the rules, in particular whether or not the requests for further investigative actions will be necessary, which I anticipate they will,' he said.

Observers said the case file Cayley's office has been handed is flawed not least since the tribunal's investigation section has done no fieldwork for at least six months despite the serious nature of the alleged crimes.

Anne Heindel, a legal adviser at the Phnom Penh-based genocide research organization DC-Cam, said opposition to the case by the investigating judges and by the Cambodian judges at the pre-trial chamber meant it was unlikely Cayley would be able to keep the case alive.

She said the chances of the case going to trial 'are at about zero' but said blame should be apportioned between the government, the UN and donors.

'There is a feeling that there is a lack of (financial) resources and a lot of people not wanting to move past case two,' she said.

Late last year Germany's Siegfried Blunk took up the position of international co-investigating judge after his predecessor resigned.

However, Blunk did not reply Friday to emailed questions, including why his offices had reportedly not questioned the suspects in Case 003 and had failed to release information about crime sites that would have allowed civil parties to choose whether to take part.

Cambodian-American rights activist Theary Seng, whose parents died under the Khmer Rouge regime and who has applied for civil party status in Cases 003 and 004, described the current process as 'tattered justice for the poor.'

'(This) is an affront to victims of the Khmer Rouge,' she said. 'We deserve more than the cheap justice that is being administered right now.'

Heindel said the decision by the investigating judges not to release any meaningful information over 20 months was likely an error of law since that had precluded potential civil parties from registering. Under the tribunal's rules, those who are granted civil party status are entitled to appeal a dismissal.

'It does indicate this is the end of this case,' Heindel said, but added what would ultimately count would be the reasons the tribunal gave for dismissing the cases in the likely event that happened.

'It's not whether they have these cases; it's the way they're handled,' Heindel said. 'And in terms of the legacy of this court, that may well overshadow all of its achievements.'

16 comments:

Anonymous said...

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Anonymous said...

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Anonymous said...

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គ្មានរើសមុខនោះទេ។បើរវល់តែចង់សងសឹកគ្នាទៅ
វិញទៅមកថ្ងៃណាទើបបានសុខ។បើមានគំនិត្តដួច
បក្សប្រឆាំងនោះពិតជាខ្មែរពុំត្រូវគ្នាទេ។ខ្ញុំគិតថាខ្មែរ
នៅប្រទេសក្រៅមិនចេះសាម្គីគ្នាដួចខ្មែរនៅក្នុងស្រុក
នោះទេជារាងរាល់ថ្ងៃមានតែការច្រណែនគ្នានឹងគ្នា
ឧទារហណ៍!នៅក្នុងរោងចក្រមួយបើមានខ្មែរណាម្នាក់
បានធ្វើជាមេកោយអ្នកនោះស្រាប់ភ្លេចអស់ពលរដ្ធ
ខ្មែរដែលនៅក្រោមបង្គាប់អស់រលីង។មិនដួចចិនយួននោះទេពួកគេចេះសាម្គីគ្នារកស៊ីមុខជុំនួញជួញ
ដូរបានល្អជាងពលរដ្ធខ្មែរទៅទៀត។
ចំពោះពលរដ្ធខ្មែរវិញមានតែការគំគួនគ្នាទៅវិញ
ទៅមកបើចំពោះក្មេងៗពេញវ័យវិញឃើញតែ
កាប់ចាក់គ្នាទៅវិញទៅមកមិនចេះឈប់ឈរនោះទេ។នេះគឺមកតែពីបក្សប្រឆាំងបានធ្វើឲ្យពលរដ្ធ
ខ្មែរទាំងនោះខួចសន្ដាប់ធ្នាប់អស់ហើយមកអួតខ្លួន
ចង់ដឹកនាំប្រទេសទៀតផងបើមានមែនខ្មែរទាំង
អស់ពិតជាឆ្កួតអស់ហើយ។ដួចជាអាក្បត់ជាតិម្នាក់
ដែលបានឡើងសំភាសន៍ជាមួយអាប៉ុស្តទូរទស្សន៍
សៀមម្នាក់មកនិយាយអំពីខ្មែរខ្លួនឯងទៅវិញ។វាមានខ្មែរដួចអាមួយហ្នឹងហើយដែលពួកអាសៀមវាយកដីខ្មែរអស់១២ខេត្តកាលពីសម័យដើមដែលមិនចូលចិត្តរាជរដ្ធាភិបាលក៏ទៅចូលជាមួយអាបរទេស
មកវាយយកដីខ្មែរខ្លួនឯងទៅវិញ។នេះគឺជាគំនិត្ត
របស់អាបក្សប្រឆាំងនៅស្រុកខ្មែរ។

Anonymous said...

លោកស្រីអើយនៅក្មេងណាស់ជុំនាន់ពលពតមិនទាន់
មានការលំបាកនោះទេ។សូមលោកស្រីគិតថាមានពលរដ្ធខ្មែរច្រើនណាស់ដែលបានរស់រានមានជីវិតពី
ជុំនាន់ពលពតមកដល់សព្វថ្ងៃនេះ។

Anonymous said...

ah suon serey reatha is a dog. when he return to usa, we will throw eggs right to his face.

if theary travel to frontline, we will give B-40 to defend country. will she go ?

Anonymous said...

Second, the mandate of the ECCC has been much politicized and is limited to trying the atrocities committed during the Khmer Rouge period of April 1975 to January 1979.

In his interview with the Phnom Penh Post, Noam Chomsky, emeritus professor at the Massachusetts Institute of Technology, pointed out that “the leading US political establishment like Henry Kissinger, a member of the late president Richard Nixon’s administration…should also be held accountable for creating the conditions that paved the way for the rise of the [Khmer Rouge]”.

While acknowledging the mass atrocities committed by the Khmer Rouge regime, we should never forget the level of atrocities committed during the US secretive bombing of Cambodia from 1968-1973. A declassified telephone discussion between Henry Kissinger and General Alexander Haig, Nixon's deputy assistant for national security affairs, recorded that Nixon had ordered a “massive bombing campaign in Cambodia [to use] anything that flys [sic] on anything that moves”.

The map of US bombing targets released by Yale University’s Cambodian Genocide Program shows that more than half of the country was affected by the indiscriminate bombings. Professor Ben Kierman, director of the program, puts the casualties figure from the bombing at 150,000 deaths, while Edward Herman, a professor of Wharton School, and Noam Chomsky put the toll at 600,000 using figures provided by a Finnish Commission of Inquiry.

Based on this, we can never naively claim that US bombing led to the mass executions by the Khmer Rouge or refuted the regime's mass atrocities. But, to certain extent, the blanket bombing, which directly led to the destruction of livestock and agricultural land, could have definitely played a role in the mass starvation.

From new data released during the Clinton administration, Taylor Owen, a doctoral student at Oxford University, and Professor Kierman noted that 2,756,941 tons of bombs were dropped on Cambodia.

To put the figure into perspective, just over 2 million tons of bombs were dropped by the allies during all of World War II. The bombs dropped in Cambodia represented about 184 Hiroshima atomic bombs combined, making Cambodia the most bombed nation in the world. Based on the new data, Professor Kierman also stressed that the casualties might be much higher than his earlier predicted 150,000.

Anonymous said...

The war in Cambdia was over 30 years ago. Cambodian people should enjoy the unity and national reconciliation to rebuild the country.

Theary seng is Viet and Thai spy to destroy Canbodia. Her education is useless for Cambodia.

Anonymous said...

Koh Tral Island must not be forgotten

By Ms. Rattana Keo

Why do Koh Tral Island, known in Vietnam as Phu Quoc, a sea and land area covering proximately over 30,000 km2 [Note: the actual land size of Koh Tral itself is 574 square kilometres (222 sq miles)] have been lost to Vietnam by whose treaty? Why don’t Cambodia government be transparent and explain to Cambodia army at front line and the whole nation about this? Why don't they include this into education system? Why?

Cambodian armies are fighting at front line for 4.6 km2 on the Thai border and what's about over 30,000km2 of Cambodia to Vietnam. Nobody dare to talk about it! Why? Cambodian armies you are decide the fate of your nation, Cambodian army as well as Cambodian people must rethink about this again and again. Is it fair?

Koh Tral Island, the sea and land area of over 30,000 square kilometres have been lost to Vietnam by the 1979 to 1985 treaties. The Cambodian army at front line as well as all Cambodian people must rethink again about these issues. Are Cambodian army fighting to protect the Cambodia Nation or protecting a very small group that own big lands, big properties or only protecting a small group but disguising as protecting the Khmer nation?

The Cambodian army at front lines suffer under rain, wind, bullets, bombs, lack of foods, lack of nutrition and their families have no health care assistance, no securities after they died but a very small group eat well, sleep well, sleep in first class hotel with air conditioning system with message from young girls, have first class medical care from oversea medical treatments, they are billionaires, millionaires who sell out the country to be rich and make the Cambodian people suffer every day.

Who signed the treaty 1979-1985 that resulted in the loss over 30,000 km2 of Cambodia??? Why they are not being transparent and brave enough to inform all Cambodians and Cambodian army at front line about these issues? Why don't they include Koh Tral (Koh Tral size is bigger than the whole Phom Phen and bigger than Singapore [Note: Singapore's present land size is 704 km2 (271.8 sq mi)]) with heap of great natural resources, in the Cambodian education system?

Look at Hun Sen's families, relatives and friends- they are billionaires, millionaires. Where did they get the money from when we all just got out of war with empty hands [in 1979]? Hun Sen always say in his speeches that Cambodia had just risen up from the ashes of war, just got up from Year Zero with empty hands and how come they are billionaires, millionaires but 90% of innocent Cambodian people are so poor and struggling with their livelihood every day?

Koh Tral was a Cambodian island, and technically and legally, remained a Cambodian island until today.

Smart Khmer girl Ms. Rattana Keo,

Anonymous said...

As Khmer victims and their families to have ECCC because we want the Khmer Rouge who have been detained without trial to talk.

Why ECCC kept detaining the 4 Khmer Rouge without putting them on trial?

Why this historic court has been afraid of putting them on trial= let them talk.

So the answer is in how CPP related to the Indochina Communist Party formed by late Ho Chi Minh in 1930.

Anonymous said...

Beside killing innocent Khmer people between 1975-1979 Pot Pot never cooperated with yuon hanoi as fellow:

1. No million of yuon illegal immigrants in Cambodia between 1975-1979.

2. No lands singing agreement .

3. And the real conflict between Pol Pot and yuon between 1975-1979 was over Khmer land and sea sovereignty .

Anonymous said...

The real Angkar between 1975-1979 or Khmer Rouge consisted of 2 differences as fellow:

1. A group of Paris students .

2. A group of Khmer Viet Minh:

Angkar between 1975-1979 as fellow:
1. Pol Pot. ( a Paris student ).
2. Nuon Chea. ( former Thai Communist Party but in a Paris student groups ).
3. Ieng Sary. ( a Paris student , Khmer Kampuche-Krom ).
4. So Phim. ( Khmer Viet Minh ).
5. Son Sen ( a Paris student , Khmer Kampuchea-Krom ).
6. Ta Mok ( Ta Mok din not study in France but he was in a Paris student group ).

Note: 1. If you have a quick look you will see a group of Paris students more than Khmer Viet Mihn but the reality was Khmer Viet Minh had more troops ( Khmer Viet Minh troops like Heng Samrin , Chea ect… . than Pol Pot troops .

3. Khieu Samphan, Sihanouk ( personally I don’t like Sihanouk ) Hu Nim , Hou Yuon they are not Angkar ( Real Angkar could make hightest decision between 1975-1979 ) these four fellows are norminal leaders ( only in name ) even Ieng Thirith was not Ankar but her husband Ieng Sary is.

So if you look at Khmer Rouge Trial or ECCC those being detained without trial ( except Duch ) are a group of Paris students and 3 out of 5 are not Angkar 1. Khieu Samphan, 2. Ieng Thirith, 3 Duch.
So one of many reasons why this fake ECCC try to trial 2 Angkar 1. Nuon Chea 2. Ieng Sary ( 2 of Paris students groups ) and let the real killer like Khmer Viet Minh like Heng Samrin , Chea Sim and many more escape from the justice.

Anonymous said...

she is very pretty and very intelligent .

Anonymous said...

To 2:19 PM

Do you know where the words "Angkar Leur/Cap Tren" came from originally?

Those words came from Communist Vietnamese masters in Hanoi originally.

Those words had been widely used in Southern Vietnam (Kampuchea Krom) where Khmer people heard and used in Khmer Rouges regime.

Secret Vietnamese agents hiding among Khmer Rouges armies and they (Viet) could speak and write Khmer language very well and pretended to be Khmer Rouges armies or troops in front of gullible Khmer people during the Killing Fields. You probably heard the radio of Khmer Rouges Angkar Leur folks speaking with the funny accents.

I had been in the Killing Fields and a survivor. The Secret Viet agents talked very funny.

Also, they (Viet) dressed up like Khmer Rouges and looked like Khmer Rouges.

Some of innocent Khmer victims and survivors caught them (Viet) in their own eyes during the Killing Fields, too.

Some of survivors of Killing Fields escaped to the West until reached to Thailand and Pol Pot and his inner circles also escaped to the West.

You should know the Communist Vietnamese armies and new Khmer Rouges Cadres (i.e. Hor Nam Hong, Hun Sen, etc) invaded Cambodia so easily (like a piece of the cake) in two weeks to capture Phnom Penh.

Pol Pot was toppled by Communist Vietnamese agents and Khmer Rouges bodyguards and Western journalists were there with Pol Pot, too. One of Western journalists (British) and Khmer Rouges bodyguards were shot to death by the secret Vietnamese agents. Then Pol Pot and his Khmer Rouges bodyguards escaped and hid.

I leave it up to you and let you do the research and investigation.

Anonymous said...

Hun Sen was a former Khmer Rouges army. During the Khmer Rouges regime, Hun Sen was shot right into one of his eyes and the fled to Vietnam and then Hun Sen came back with Communist Vietnamese troops to invade Cambodia easily in two weeks (just a piece of the cake) and then capture the city of Phnom Penh. He was also married to his Yuon/Vietnamese woman (prostitute) falsely named as Khmer name Bun Rany. It is very strange to me.

Hun Sen was a son of peasant family. I did not know what level of his education, but he was not qualified to lead Cambodia. He has had no experiences or knowledge to lead the country of Cambodia, but he has been using the Communist Vietnamese masters and CPP Yuan members from Hanoi as his guides. That was how Cambodia has been misled and slowly developed because of those crooks and thieves. Hun Sen did not know anything about Cambodian/Khmer history and geography. Hun Sen has been cheated by his Communist Vietnamese bastards/masters and CPP Yuan cronies or members (thieves).

Success story of Hun Sen and his family is very disgusting and ugly. Can you imagine that, Khmer people?

Can anyone or Khmer/Cambodian people understand what I am talking about?

Khmer Yeurng

Anonymous said...

2:50pm
If you see Theary Seng is very pretty and intelligent, you are in the cathegory called "beauty in the eyes of the beholder" or you want to brag for her that is understable. To me and to my fellow men who read KI, Ms. Theary is just an average looking or below average compare to other Khmer women I saw in Cambodia. About her intelligence, you have to say in what way and with respect to what?

Keep in mind that people do not judge her look but her works.

Anonymous said...

Hi 1:46 AM

Sorry to chime in. I agreed with 2:50PM that Ms. Seng is intelligent woman, but she is not smart not wise. Her look I don't know I have to see her in person. Through this picture I have to say she is cute.