4: the Silent Minority
That brings me to the last elephant: the silent minority in this Court. The international Judges in this Trial Chamber appear too timid to use the little
power they have, and their silence constitutes the biggest threat to justice. I understand their position in this Court is not to be envied. Their options are limited. In the past we
only half‐jokingly remarked that the international Judges in this Court have only two
possible means of protest against the multiple fair trial violations in these proceedings: they can either quit, as others have done before them, or acquit, at the end of the trial. These are two extremes, but I am afraid the only
honourable way out. Everything in between those extremes is and ill be a compromise,
at the expense of the very international standards they are supposed to implement and
protect.
As we have argued before, this Court will fail to show Cambodia how to run a
fair and just trial. Instead of helping the Cambodian legal system to rise to international standards, to implement the rule of law, this Court is slowly sinking into the all too
familiar Cambodian morass, where the rule of law only applies when it suits the
Government.
... The recent discovery that one of these judges was holding regular
ex‐parte meetings with the Prosecutor did not help to restore ... confidence in the international element of this Court.
... the impression that the international Judges in this Chamber, at least one of them, decided in a private
rendezvous with the Prosecutor that such an investigation as maybe not such a good
idea, as it could threaten not only Cases 3 and 4, but also Case 2.
The least the international Judges should do, or should have done, is speak out. Speak
out on behalf of justice. Not only in backrooms, but also in public. Where were they
when we all challenged Judge Nil Nonn’s fitness to preside over this trial? Do they really think their colleague’s admitted willingness to accept bribes is no impediment to
presiding over this historic ni‐trial? I find it hard to believe. But why then, did they not
dissent? Is it because such dissent would ave exposed the inherent weakness of the
system? But aren’t the international judges there to compensate for this weakness?
Where were they when we raised the issue of corruption? And the issue of political
interference in the Court? And where were they when Ieng Thirith challenged the
independence of Judge You Ottara, because of his involvement in
the Mu Sochua defamation trial? Do they really think a Judge with such a dubious track record deserves to be in this Court? Or do they simply think dissenting ould not have
made any difference? Or only made their life in this Chamber more difficult, further disturbing already tenuous working relationships?
If so, we think they are wrong. And that
they have missed their chance to show their presence in this Court is not completely futile. This international silence is deafening.
It is exactly this failure of the international community, which the ‘internationals’ in this Court epitomise, which forced Theary Seng to withdraw her victim’s claim last week. When Civil Parties and Defence find common ground, there is serious reason for
concern. The failure of the international judges in this Court to do what they are
supposed to do is the last elephant in this room. So far, only the international judges in
the Pre‐Trial Chamber have shown the necessary grit, regrettably to very little avail. We
can only hope that the international Judges in his Court will follow their example, before it is too late.
- Michiel Pestman (Nuon Chea's Defence)
2 comments:
Saying that yuons are not involving in the killing against Khmer is a CRIME. Genocide is a yuon ancestral culture, an instinct, a juicy business for yuons, some kind of human butcher industry, a well planed ancestral mass graves crimes and not only against Khmer people alone. Those who say that yuons didn’t involve in the killing of Khmer are liars and another murderers. Sound as if some liars and murderers, blind supporters of yuon crime against humanity, are so cocksure of their own stupidity and evilness.
Ignoring or not judging yuons for planning and leading the killing field and other genocides against Khmer is A DENY JUSTICE and another crime against humanity
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