Tuesday, May 17, 2011

Rob Hamill’s Civil Party Application to the Extraordinary Chambers in the Courts of Cambodia (ECCC) in Cases 003 and 004 rejected by Co-Investigating Judges Siegfried BLUNK and YOU Bunleng

Rob Hamill
KR victim Kerry Hamill

PRESS RELEASE - HAMILTON, NEW ZEALAND, 16 MAY 2011:

On 12 May 2011, I received a letter rejecting my civil party claims in cases 003/004.

I am very disappointed in the reasons given for the rejection of my civil party claims.

In light of the Co-Prosecutor’s Press Release informing the public about the scope of investigations in Case 003, it is clear that crimes against my brother are under judicial investigations, namely, the "Capture of foreign nationals off the coast of Cambodia and their unlawful imprisonment, transfer to S-21 or murder".

Despite this, the Co-Investigating Judges (CIJs) have, in essence, determined that I am not a "victim", contrary to the recognition and acknowledgment of my personal, direct and psychological harm in Cases 001 and 002 where the Trial Chamber and the CIJs, respectively admitted my civil party claims.

In a bizarre twist, one of the two Co-Investigating Judges, Cambodian Judge YOU Bunleng, ruled in my favour and accepted me as a civil party for Case 002. Yet for some reason he has done a u-turn for case 003 even though the criteria for admissibility under the Internal Rules in Cases 001, 002 and 003 are essentially the same and should be consistently applied. The other CIJ for Case 003 is German Judge Siegfried BLUNK.

It is an incomprehensible schizophrenic decision and the reasons given are completely nonsensical. In both cases 001 and 002, the court had found that I had established direct and personal harm, within the scope of investigations. Given the “confidential” classification of the decision – which in itself is baffling – I can only say that it appears the decision is based on political convenience rather than a proper application of the law.

The conduct of Cases 003 and 004 appear to be politically influenced and the actions of the CIJs are an affront to the principles behind the establishment of this Tribunal. They are an affront to victims who have suffered from mass and serious crimes in Cambodia.

Given the outrageous and unfounded grounds for a rejection, this decision will be appealed.

For further information please contact Rob Hamill +64 (0)274 936677 or rob@wave.co.nz

5 comments:

Anonymous said...

I am glad that it is rejected. These foreigners taking over and manipulating the court. Theary Seng is the worst. Burn in hell!

Anonymous said...

Dear Mr:Rob Hamill, I am the Cambodian Victim from year 1975 to year 1979 during Khmer Riygh / Pol Pot regime under a cruel Yuonese / Vietnamese hidden faces behind the killling fields.

I am read your rejected letter from the Cambodian Extraordinary Chambers in the Courts of Cambodia (ECCC) in Cases 003 and 004 rejected by Co-Investigating Judges Siegfried BLUNK and YOU Bunleng, now one of the Cambodian Judgment Mr:Reath Sambath already die by high blood presure, but my believing that high blood presure not easy die, because I am also high blood presure as well, before he die may soneone already poisoning or injection for him to die as soon as possible, if he's still alive may case 003 & 004 will go ahead, I just called to your telephone in New Zealand on date 17-5-2011 but no one pick up the telephone, so I just writing on the comment and I will try call you again, do you remember last time I was called spoken to you in New Zealand, I am living in Melbourne Australia

Anonymous said...

you are not a victim. Go away and let the court find justice for the real, Khmer victim. Go to hell and take Theary Seng along.

Anonymous said...

ustice for the Khmer victims between 1975-1979 and their family never happen under CPP which is formed by late Ho Chi Minh in 1930. That is why ECCC and CPP so afraid of KR who have been detained speaking out. So the main jobs for ECCC as fellow:
1. Keep detaining the four detainees.
2. NO proper trials. ( not allow the four speaking out )
3. Convict.
4. lives prison.
5. Justice is done, close down the ECCC and proclaim success.

Wake up all Khmer ECCC has been handling by yuon Hanoi , CPP deeply related to Indochina Communist Party formed by late Ho Chi Minh in 1930.

Anonymous said...

This guy was a spy...! United State and Thailand play role...