Monday, May 09, 2011

NZ’s Hamill calls for civil party applications

Rob Hamill
Monday, May 09, 2011
Cheang Sokha
The Phnom Penh Post

FORMER Olympic rower and Khmer Rouge tribunal civil party Rob Hamill has called for KR victims around the world to apply to participate in the court’s controversial third and fourth cases, warning that the investigations may be shut down in the face of interference from the Cambodian government.

In a statement released yesterday, the New Zealander said he was “deeply concerned about overt political influence” at the court, and warned prospective civil party applicants that time is running out to join Case 003.

The court’s investigating judges announced last month that they had concluded investigation in Case 003.

The investigation remains confidential, though the case is believed to involve former KR navy commander Meas Muth and air force commander Sou Met.

The fact that the judges made no effort to solicit victim complaints and civil party applications in relation to the case, and that the suspects themselves apparently were not even questioned during the investigation, has led court observers to charge that the case has been deliberately scuttled due to opposition by Prime Minister Hun Sen and other officials.

Under court rules, civil party applications must be received within 15 days of the closure of investigation, a deadline that expires on Saturday.

“It should be the court’s obligation to inform victims about the deadline from the date of closing investigations,” Hamill said. “However, since it is not, this announcement hopes to raise the message for victims who want to put applications in for cases 003 and 004.”

Im Sophea, outreach coordinator at the tribunal’s Victims Support Section, said yesterday that Hamill and local activist Theary Seng had so far been the only people to apply for civil party status in Case 003.

The VSS, he added, has not solicited further applications because they have no received such instructions from the investigating judges, and because the identities of the suspects remain confidential.

This is a decision by the coinvestigating judges and we cannot do anything beyond that because it is their decision,” Im Sophea said.

“Our role is only to accept applications.”

Hamill’s brother Kerry was captured by the Khmer Rouge in 1978 while sailing with friends in the Gulf of Thailand before being taken to S-21 prison in Phnom Penh and executed.

Rob Hamill provided emotional testimony about the ordeal in 2009 during the court’s first trial, that of former S-21 prison chief Kaing Guek Eav, better known as Duch.

8 comments:

Anonymous said...

great that foreigners like this guy and Theary SEng continue to abuse the court and thereby depriving Khmer victims of truth, reconciliation and justice.

Anonymous said...

Why those who against this court because those are mostly had the blad in their hand, not Pol Pot lone.

Anonymous said...

"great that foreigners like this guy and Theary SEng continue to abuse the court and thereby depriving Khmer victims of truth, reconciliation and justice."

And I suppose the defence is abusing the court by putting on a defence? And the Judges are abusing the court by making decisions?

Civil Parties are a part of the Cambodian legal system. It's YOUR system. They are not abusing it, they are making full use of their rights under the law. Far from depriving any victims of anything, they are making the defence cases stronger and ensuring the FULL truth will be brought out for everyone.

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.

Based on this, the bombing contributed to the rise of the Khmer Rouge. The number of Khmer Rouge cadres rose from a group that had an insignificant prospect ousting the US-backed Lon Nol’s regime, roughly from 1,000 in 1969 to 220,000 in 1973.

Anonymous said...

The good deed gets good deed,but the evil deed gets evil deed.
The victims want justice,but the one who committed crime should be judged.
What some people have known were four cases:case N#1,N#2,N#3,and N#4.
Some people should not bring up cases
N#5,N#6,or...
ENOUGH IS ENOUGH!
Cambodians no need another WAR ZONE
OR KILLING FIELD.

Anonymous said...

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.

Though this would make for a very interesting legal case, it is clearly outside the mandate of this court. This kind of argument would actually be a waste of the ECCC's time and money since it could never be allowed to be considered.

Good luck trying to establish an internationally recognized court to deal with US crimes of the 20th century.

Anonymous said...

call for justice for cambodia and all khmer people and citizens who were victims of the stupid, ignorant KR!

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,