Bridget Di Certo
The Phnom Penh Post
Divisions between the national and international judges at the Khmer Rouge tribunal’s Pre-Trial Chamber surfaced in another decision relating to Case 003 published yesterday.
The Pre-Trial Chamber’s deliberations regarding International Co-Prosecutor Andrew Cayley’s request for further investigative action in the tribunal’s controversial Case 003 revealed the national and international judges had incompatible interpretations of the fundamental rules of the court.
The three national judges approved the actions of National Co-Prosecutor Chea Leang, who opposes cases 003 and 004, while the two international judges aligned their support with the actions of Cayley, who has advocated strongly for full investigations into Case 003.
Because there was not a four-judge majority in the Pre-Trial Chamber on Cayley’s appeal against the co-investigating judges’ actions in Case 003, existing decisions from the Office of the Co-Investigating Judges stand.
Those decisions refuse further investigative action in cases 003 and 004 and deny civil-party applicants.
This is the second time in two weeks that a dichotomy of opinion has paralysed the Pre-Trial Chamber judges.
Last Wednesday, the chamber split down national and international lines over the rejection of New Zealander Rob Hamill’s civil party application by the Office of the Co-Investigating Judges.
The two international judges identified major professional failings of the co-investigating judges, including backdating and altering documents.
The three national judges found there had been no infringement of victims’ rights.
Again, because no four-judge majority could be reached, the decision of the Co-Investigating Judges stood.
International Co-Investigating Judge Siegfried Blunk left the tribunal last month, citing government pressure to kill cases 003 and 004. National Co-Investigating Judge You Bunleng issued a statement two days later stating he had been and would continue to act independently and free from interference.
Amid the crisis of credibility at the tribunal, the UN’s top international lawyer, Patricia O’Brien, visited Cambodian Deputy Prime Minister Sok An two weeks ago.
O’Brien said she strongly urged the Royal Government of Cambodia “to refrain from statements opposing the progress of cases 003 and 004 and to refrain from interfering in any way whatsoever with the judicial process”.
2 comments:
Thank you Top UN Patricia O'Brien the world have spent so much money already,do not afraid of one eye ball Hun Sen ,handicap person shall be staying in resting home and collect pension for disable person .
If top UN afraid of Cambodian leaders let them interfere with ,the world won't listen to UN plus Cambodians will take down on UN credit ,that let the ignorant lead bu the nose.
Ah coward Decho Hun Sen, Mr Sam Rainsy asks you to sue him at France court about you murdered Khmer people. Why don't you dare to do it as you have done at Cambodia court?
Being a strong man as well as Prime Minister of one country, you should not be coward to face the real justice at France court or International court. Unless, you are the real murderer in Cambodia that is the reason why you fear of Mr Sam Rainsy at real and fair justice court.
Decho Hun Sen rubbed Cambodian people well being, health care, dignity and sell Cambodia out to Vietnam in cheap price as long as he can stay in power. Isn't true Samdach Decho Hun Sen?
How many Cambodian people lives have you killed in your life so far? Can you being honest telling the true?
As one Prime Minister of one country his job is bully his own people from talking about Paris Peace agreement 1991 and Vietnam take Cambodia area. Why?
Samdach Decho Hun Sen Why does you so scare of the truth? Why do you so scare of Mr Sam Rainsy when he asks you to sue him at France court? You are strong man as you claim in TV screen.
Samdach Decho Hun Sen shouldn't scare of Mr Sam Rainsy because Mr Sam Rainsy has no weapon mass destruction as you do. You are the murderer; you must be strong in facing with Mr Sam Rainsy at France court as Mr Sam Rainsy invited you to do so.
Samdach Decho billion dollars Hun Sen, PLease face Mr Sam Rainsy as Mr Sam Rainsy invited you through the world media. You used to win on Mr Sam Rainsy many times in Cambodia court of justice. There is no reason why you should be worry about...if you have never killed anyone in Cambodia. Isn’t it Decho Sen?
Cambodian people hope to see Samdach Decho Hun Sen will has gut as a leader or a man to sue Mr Sam Rainsy at France court as Mr Sam Rainsy invited Samdach decho many times through Radio and world media.
Be a man Decho Sen! One in your life be a man Decho Sen! Be a man to face Mr Sam Rainsy at France court and international court.
We are personal bodyguards of Samdach Decho would like to see Decho Hun Sen be a man with Mr Sam Rainsy at France Court. Otherwise, Samdach Decho is not worthy to protect because why do we have to die for protecting a traitor, a murderer, a blood sucker. Isn’t it true Samdach Decho Hun Sen? Do you agree with that?
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