http://www.thearyseng.com/columnist/32-theary-sengs-blog/294-legal-farce-at-eccc-toward-dismissing-case-003-ocij-press-release
Extraordinary Chambers in the Courts of Cambodia
Press Release of Public Affairs
re
The Statement of the Co-Investigating Judges
(sent out late FRIDAY afternoon, before long weekend of Labor Day on Monday, in light international attention on Cambodia-Thai border fatal clashes in its 9th day, against the backdrop of Royal Wedding frenzy, Syrian crackdown and Alabama tornado)
The Statement is this one very terse sentence:
"The Co-Investigating Judges today (29 April 2011) in a public decision concluded the investigations in Case 003 (the Case File containing more than 2.000 pieces of evidence, comprising more than 48.000 pages),and have notified the parties [ONLY the Co-Prosecutors] according to Rule 66.1."
Besides learning that the initial investigation started on 20 Nov. 2008, the CIJ original notice is even more curt, unhelpful and disturbing:
“Notify the Co-Prosecutors that they consider the investigations have been concluded.”
Theary Seng's Note:
This Press Release and Statement of Co-Investigating Judges You Bunleng (Khmer) and Siegfried Blunk (UN) are very disturbing in confirming our fears - the ECCC's dismissal of Case 003 and 004 involving 5 additional charged persons to the existing 5 individuals of Case 001 (Duch) and 002 (Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith).
First, this is the only first statement/public information re Case 003 or Case 004 of the new UN (German) Co-Investigating Judge Siegfriend Blunk since he took up this position in December 2010, consisting of ONE SENTENCE, failing in his Rule 56 obligation to provide public information.
The Office of Co-Prosecutors who started the initial investigation on 20 November 2008 forwarded the Introduction Submissions of Case 003 (charged persons Meas Muth, Sou Met?) and Case 004 (Battambang Im Chaem and two other district chiefs?) to the Co-Investigating Judges for investigation since Sept. 2009 -- almost 20 MONTHS ago, whereby the CIJs have conducted ZERO field investigation, which they and the Press Release failed to mention! They failed to mention that their 40-member staff—both Khmer and UN—have been idled, with the Khmer staff only called back to the work only after public scrutiny resulting from the lodging of my and Rob Hamill's civil party applications. They failed to mention that they have been shuffling papers, some of the "2.000 pieces of evidence, comprising more than 48.000 pages" mentioned -- if any at all (!) for the last 20 months.
Hence, the Co-Investigating Judges have closed the investigation WITHOUT conducting ANY FIELD INVESTIGATIONS after 20 months of inactivity since the Introduction Submissions and 7 months since the end of investigation of Case 002 (Closing Order) in Sept. 2010.
It is also disturbing that the ECCC has not officially informed me via documentation of receipt of my and Rob Hamill's civil party application to Cases 003/004. (Our application is strongest to Case 003 if we are correct that it covers charged persons Meas Muth and Sou Met; we have little connection—that we know of as the CIJs are not providing timely information!—to Case 004 regarding three district chiefs including madam Im Chaem).
The Chief of ECCC Victims Support Section Rong Chhorng informed me on 6 April 2001 via a telephone call that his office had received my application. And when it was established that I will be a guest on the popular 30-45 minute radio call-in show on Radio Free Asia on Friday, 23 April 2011, Reach Sambath who was a guest with me stated on the air that the ECCC had received my application in good form and that as of that day (Friday, April 23), the Co-Investigating Judges received my application. However, there has been NO DOCUMENTATION OF THIS RECEIPT AS A MATTER OF HISTORICAL DOCUMENTARY RECORD besides a radio broadcast in the Khmer language.
If our suspicion is correct - that the ECCC is on an expedited path to dismissing Cases 003/004, beginning with Case 003 as it involves 2 very public figures (me and Rob Hamill)—then this terse Statement of the Co-Investigating Judges closing the investigation of Case 003 is a very disturbing, concrete step in that direction. They must first closed the investigation before they can dismiss. The great fear is that they will dismiss the Case 003 before confirming me or Rob Hamill as a civil party to this Case. Because once we are made civil parties, we have the right to appeal the closing of investigation and the subsequent dismissal of Case 003. We also have the right to appeal our civil party applications should they not recognize us, but our case made stronger only if there is a case concerning us. But if Case 003 is dismissed, then our applications are made substantially weaker as the case involving us (Case 003 re Meas Muth and Sou Met); we do not have enough information to know if we have sufficient legal injury to Case 004 involving Im Chaem and the other 2 district chiefs.
- Theary C. Seng, Jakarta, 30 April 2011
ECCC Internal Rule (v7) in English
9 comments:
Theary, go back and sip up your 5 dollar cocktails at Metro, while normal Khmer on the countryside try to survive on a dollar a day
agree with above. Theary is just jealous that the royal couple in England is getting all the show so her model/victim performance is not taken sufficiently note of publicly, so she is upset, and we have to suffer from her meaningless, self-absorbed commentary
it silly articles by Theary seng.
because, they had removed her from the post.. in P.P
ពួកអាប្រឆាំងវាមិនដែលនិយាយសោកស្តាយអំពី
កងយុទ្ធពលខេមរភូមិន្ទខ្មែរនោះទេពីព្រោះអាពួក
ទាំងនេះពិតជាបំរើការឲ្យអាពួកសៀមចោរឈ្លាន
ពានដីខ្មែរពិតប្រកដមែន។
Var Kim Hong does recognize that Cambodia, if compared to the colonial Service Geographique de l’Indochine scale map 1/100,000 and the 1985 delimitation treaty, will loses 9,000 hectares; and compared to U.S Army Mapping Service scale map 1/50,000 with the 1985 Treaty, would lose about 7,900 hectares to Vietnam. This statement was confirmed by Var Kim Hong to Mr. Touch Bora Esq through a telephone conversation on 30 August 2002 at 4:30 p.m. (Sydney time), which Mr. Touch Bora Esq wrote in his letter dated on 9 September 2002 sent to Sam Dach Ta Noroudom Sihanouk concerning over border affairs.
In fact, the loss is absolutely more than the 1000 square kilometers stated by MP Sam Rainsy in his statement, if we add the size of the historical water of 30000 square kilometers awarded to Vietnam under the 1982 Agreement which has been into affect and now already become under the full control of Vietnam. And this would not be the last if the equidistance principle be used to delimit the maritime boundary, Cambodia will lose an additional area of sea and seabed measuring at least 860 square nautical miles from the Brevie Line to the north, analyzed by Mr. Touch Bora Esq or another 10000 square kilometers confirmed by Mr. Sean Pengse, the President of the Cambodian Border Committee Worldwide, which exclusively include another Koh Poula Wai to Vietnam added to the previous lost islands- Koh Tral (Dao Phu Quoc) and Koh Poulo Panjang (Dao Thu Chu).
This is why sVar Kim Hong said in front of Students´s Movement for Democracy (SMD), and Sam Dach Ta Norodom Sihanouk on 22 Janaury 2000 during our audience with him concerning the border resolution with Vietnam that; “If we want peace, we must sacrifice our flesh to the tiger.” The truth is discovered now that, “Sacrifice the flesh to tiger actually means cutting our land to the Viet.” This word was clearly spoken out from his mouth and there were Sam Dach Ta as witness and 31 members.
We must condemn this Var Kim Hong for his role in helping the traitorous regime of Hun Sen.
Smart Khmer Girl Ms. Rattana Keo,
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 10,000 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 10,000km2 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 10,000 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 everyday.
Who signed the treaty 1979-1985 that resulted in the loss over 10,000 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?
Smart Khmer girl Ms. Rattana Keo,
សាលាក្តីខ្មែរក្រហម ECCC គួរណាស់តែបន្តសំណុំរឿង០០៥ និង០០៦ទៀត
ព្រោះអី មេឃាតករច្រើននាក់ណាស់ ដែលបានរស់នៅ ដោយសប្បាយ ពីលើដំណក់ទឹកភ្នែក របស់ជនរងគ្រោះ។
This ECCC and the UN will down in history as another joke in the history of international intervention - untac was the beginning; this is an even worse sham.
Let's see what the oily andrew Cayley will do, whether he will appeal seriously or just go through the motion of doing it, as he can't not appeal, unless he wants to be the worst prosecutor in history of international law.
2:39 PM, I agree with you regarding to this fake ECCC trial.
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