Open Letter to Reporters and Commentators
“Witness” vs. “Civil Party” Distinction
Phnom Penh, 13 January 2012
I would like to draw your attention to the news articles and commentaries, especially of the past weeks' coverage of the Khmer Rouge Tribunal, whereby reporters and commentators alike refer incorrectly to victims currently testifying in the Trial Chamber as "civil parties".
They are witnesses; they are not testifying in their capacity as "civil parties", a very important technical, legal distinction with consequences.
One of the consequences is the continuing exploitation and disempowerment of victims by this KRT, one of the main reasons for my withdrawal from this political farce. Repeating mindlessly the vacuity being spun by this KRT for public consumption does not help the cause of the victims.
(A “civil party” only existed in the creative, progressive mind of the drafters of the Agreement establishing the KRT, with a very painful birth during the first couple of years of its operation, followed by a state of comatose after it instituted the Lead Co-Lawyer regime which stripped a “civil party” of any real life.)
Another consequence questions the raison d’etre—quality and presence—of the inexperienced Lead Co-Lawyers (who proudly refused to meet directly with any civil party) and the platoon of 40 intermediary civil party lawyers, also inexperienced and 30 of whom are foreigners who are not based in Cambodia but at their respective home offices in Paris, California, Singapore etc., (except for the lawyers from Advocats Sans Frontiers who rotate in-out from France every 3 weeks).
Their presence obfuscates what is an already complex mixed—national-international/political-legal/ common-civil law—structure; propagates self-interestedly the legal sleight-of-hand; and assists unwittingly the propaganda of heralded, “unprecedented” civil party participation.
All to say, Cambodian victims would do well without their presence as this would peel away some layers of the confusion, complexity and deceit surrounding the KRT. The access and quality of victim participation would not change, as it is as a “witness” and not “civil party” that s/he is participating directly, currently in the KRT. Remember, Mr. Vann Nath participated as “witness” and not a “civil party; he never applied and became a “civil party”.
Up till now in Trial Chamber hearings of Case 002, there have been no victims who are heard as "civil parties" (even if they are recognized on paper as such), only victims as "witnesses".
Stated differently, a party is not a witness; a witness is not a party. And a civil party is a "party", so s/he cannot be a witness at the same time.
To call them "civil parties" is misleading and legally incorrect vis-a-vis the ongoing court proceeding. It is also disempowering the civil parties in particular and the victims in general.
________________
Theary C. Seng
Founding President
Association of Khmer Rouge Victims in Cambodia
Founding President
Association of Khmer Rouge Victims in Cambodia
20 comments:
Thank you so much Ms. Theary C. Seng for a very informative reflection of the KRT's performances. It brings a thought to me that we, Khmer, would never experience real justice and democracy for as long as our country is run by officials who are involved in communist or are under Vietnamese hegemony. It is very sad to see the lasting unfairness and suffering on our people.
Khmer Son
Cambodian victims under the KR regime will never ever receive a fair justice!
The fact that the court is in Cambodian territory and needs Hun Sen's approval for a number of things before it can begin its supposedly independent works and Sihanouk is excluded from being called to testify, we can say with certainty that the victims will never get true and fair justice.
The UN and the western countries participate with it knowing fully well that justice for Cambodian victims is cheaper than that of their own, and they are not prepared to go to the extent of obtaining real justice at the expense of their own interests!
Sihanouk has tried so hard so far making deals after deals to maintain his monarchy in Cambodia even at the cost of Cambodia's destruction and Cambodians' suffering. What he does not understand is that an institution can exist on its own without any intervention if that institution fulfills its role so its exitence is relevant. Also an institution whose representative in this case the king does not want to fulfill his role since he is too scared to upset the PM is an institution slowly dying from within anyway.
Ranaridh and particularly Hun Sen, when they were writing up the Cambodian constituion, were already having in minds the idea of restricting the power of the king; however, the king still has some power and duty which can be seen in article 8 and 9 of the said constitution.
Article 8 and 9 of the Constitution of the Kingdom of Cambodia state and I quote
Article 8
1. "The King of Cambodia shall be a symbol of unity and eternity of the nation.
2."The King shall be the guarantor of the national independence, sovereignty, and territorial integrity of the Kingdom of Cambodia, the protector of rights and freedom for all citizens and the guarantor of international treaties."
Article 9
1. "The King shall assume the august role of arbitrator to ensure the faithful execution of public powers."
Where is the king in the land grabbing cases of Boeung Kok lake and Borei Keila?
Isn't he the protector of rights and freedom for all citizens? In this case does he not understand that every Cambodian citizen has a right to proper or decent housing and freedom to negotiate a fair settlement with the company involved and should not be evicted out of their homes by forces at the urging of the company?
How hard is it to understand article 9?
Does he ignore it because he lacks courage to even fulfill a few duties left for him when they wrote the constitution?
For sure one day, the king's palace will be a museum for visitor to visit and for Cambodians of my generation and younger to look at with an emotion of disgust.
Pissed off
Theary,
you're talking to regular Khmers,
we are not lawer like you,
KRT is a CRIMINAL court, no ?
If you want to sue anyone as civilian parties you should complain at a Civilian court ? No ?
I don't know, I ask you, a lawer.
Saddam Hun Sen was captured, put on trial and executed within one year while these former Khmer rouge leaders are still around 33 years after their crimes were committed.
Justice delays is justice denied!
Baay Kdaing
ក្រុមស្តេចម៍ក្បត់ជាតិ សី ហនុ និងក្រុមក្បត់ជាតិអាយ៉ង ហ៊ុន សែន ទាំងពីរក្រុមនេះតុលាការខ្មែរត្រូវតែកាត់ទោសយកទៅបាញ់ចោល
Do not forget to bring Yourn Le doc Tho to put on trial for K-5 and do the same too.
ក្រុមស្តេចម៍ក្បត់ជាតិ សី ហនុ និងក្រុមក្បត់ជាតិអាយ៉ង ហ៊ុន សែន ទាំងពីរក្រុមនេះតុលាការខ្មែរត្រូវតែកាត់ទោសយកទៅបាញ់ចោលទាំងអស់ដែលមិនអនុគ្រោះបានឡើយ
including Le Duch TO
Bullshit! Theary C. Seng, you should talk about YOUN/VIETNAMES in Cambodia every where.
សូមអ្នកនាងសេងធារីជ្រាបថា អង្គការលើដែលជាក្រុមឃាតករជីវិតខ្មែរប្រមាណបីលាននាក់ នៅចន្លោះឆ្នាំ១៩៧៥ដល់១៩៧៩នោះគឺមានមេដឹកនាំជាន់ខ្ពស់ដែលកំពង់កាត់ទោសនិងក្រុមរាជឬរដ្ឋអំណាចសព្វថ្ងៃជាអ្នកទទួលខុសត្រូវ អាស្រ័យហេតុនេះហើយទើបបានជាសាលាក្តីខ្មែរក្រហម០០១គឹជាឆាកល្ខោនដោយយកឈ្មោះពិត(កាំងគ្ហេចអ៊ាវ)បន្លំហៅ(ឌុច)ដូចដែលអង្គការលើវាបានប្រឌិតទុកជា
អាវុធឃោសនាបំភាន់មតិសកលលោកព្រមទាំង
វាយប្រហារអ្នកណាដែលមាននាមឬត្រកូល(ឌុច)
ឧទាហរណ៏ជាងគំនូរ(ឌុចស៊ីឌឹម) គ្រូភ្លេង(សុក
ឌុច)ខេត្តតាកែវ ព្រមទាំងជីតាអ្នកនាង
(ឌុចសោម)។ល។
ស្រុកបារាំង១៤មករា២០១២
អក្សរភាសាខ្មែរ
សូមអ្នកនាងសេងធារីជ្រាបថា អង្គការលើដែលជាក្រុមឃាតករជីវិតខ្មែរប្រមាណបីលាននាក់ នៅចន្លោះឆ្នាំ១៩៧៥ដល់១៩៧៩នោះគឺមានមេដឹកនាំជាន់ខ្ពស់ដែលកំពង់កាត់ទោសនិងក្រុមរាជឬរដ្ឋអំណាចសព្វថ្ងៃជាអ្នកទទួលខុសត្រូវ អាស្រ័យហេតុនេះហើយទើបបានជាសាលាក្តីខ្មែរក្រហម០០១គឹជាឆាកល្ខោនដោយយកឈ្មោះពិត(កាំងគ្ហេចអ៊ាវ)បន្លំហៅ(ឌុច)ដូចដែលអង្គការលើវាបានប្រឌិតទុកជា
អាវុធឃោសនាបំភាន់មតិសកលលោកព្រមទាំង
វាយប្រហារអ្នកណាដែលមាននាមឬត្រកូល(ឌុច)
ឧទាហរណ៏ជាងគំនូរ(ឌុចស៊ីឌឹម) គ្រូភ្លេង(សុក
ឌុច)ខេត្តតាកែវ ព្រមទាំងជីតាអ្នកនាង
(ឌុចសោម)។ល។
ស្រុកបារាំង១៤មករា២០១២
អក្សរភាសាខ្មែរ
GET RID AH HUN SEN'S CPP = AH DICTATOR'S KILLING FIELD! SRP SAID AS LONG AS AH HUN SEN'S CPP STILL THERE, NO JUSTICE!!,...AH VIETCONG PUPPIT! KHMER ROUGE REGIME<2ND POL POT>. KHMER, TAKEVE.
After watching this video:
http://www.youtube.com/watch?v=lhqqtz-rUX8&feature=plcp&context=C3dac276UDOEgsToPDskKh80vn0Yl_jh3637g9oVYw
Make me think: Preab sabath euy, youn penh srok. Kgnom oat savorl, gnom chrieng chea mouy kaon youn sambay!
If Sam Rainsy win the election will he make term limit for the president too. Will he do the same thing like ah Kwack did. Khmer people wanted to see we make term limit for the president is the most important for our country.
Hun Sen is bad and people want to get rid of him.
People speculated that his wife killed his mistress Polika.
But the so called Democratic Leaders must keep themselves clean. If they have the same "sin" as Hun Sen, why do we try to change him for?
I think kem Sokha has proven himself to the public that he is a hypocrite and cannot be trusted.
If he gets the power he might be crazy with Mi Lam Troy ( Puok Srey Hek Cheung Peak Av Phay ) and Khmer Roleuy the same.
Kem Sokha,
You should go "Choy Cheat" and quit attempting to be a Leader.
You have a very low self esteem because you do not respect your wife and your children.
You are clearly a bull shit now and it is good that people know your real story, your real character before you get the power.
មើលទៅលោកស្រីសេង ធារី មិនស្គាល់ច្បាស់ទេ
ទើបមិនបានបញ្ជាក់ពីប្រភេទនៃខ្មែរក្រហម។
3:36 AM,
Theary is not stupid. She does know what is going on!
If the rest of the world including your America, France and the rest don't even dare dealing directily with Hun Sen, what do you expect Theary to do?
She is not stupid. Why don't you go to Cambodia and see if you dare say just one word against Hun Sen!
Go there and tell people what you know about the KR.
Why would you know and others don't know?
គួរស្ដាយណាស់ ដោយលោកមិនស្គាល់លោក
ស្រីសេងធារី ជានរណា?គ្រាន់តែឃើញការ
ចាប់អារម្មណ៍របស់ សេង ធារី នរណាក៏ដឹងថា
នាងជាចារកិច្ចរបស់យួន ភ្លាមទៅហើយ បើ
មិនដូច្នោះទេ គាត់ត្រូវពួកអាមៃអាថោងហ៊ុនសែន
សំលេះចោលយូរបាត់ហើយ។
Founding president????
Who elected her to be the president? More like it she appointed and annointed herself to be the Virgin mother of KR victims.
Joke is on her up to now.
ត្រីកំភ្លាញវាងាប់នឹងមាត់ ឯសត្វប្រឡាំងកាសវាងាប់នឹងក្តិត?
សូមមេត្តាឈប់ប្រើវប្បធម៌លាបពណ៌ វប្បធម៌ក្ដិចត្រួយនិងវប្បធម៌បំភិតបំភ័យ
បំបាក់ស្បាតខ្មែរដូចដែលអង្គការលើខ្មែរក្រហមធ្លាប់បានអនុវត្តសម្លាប់ជាតិខ្មែរទុកដីឲ្យយួនយ៉ាងនេះព្រោះអ្នកនាងសេងធារីពុំបានស៊ីញ៉េកោះត្រល់ឲ្យទៅយួនឡើយ។
ប៉ារីស៍១៦មករា២០១២
អក្សរភាសាខ្មែរ
Of course the companions of the January 7, 1979 was as
executives of the organization of the Khmer Rouge, so it had
transformed and manipulated the Khmer Rouge Tribunal 001 in theater and achive 3 great success: 1. The Khmer Rouge Tribunal much in late and took too long. 2.Number One of the hight responsable was not summoned to the Khmer Rouge Tribunal. 3. It changes the real name (Kaing Kek Ev)
by calling (Duch)that the organization of the Khmer Rouge
invented a long time ago to deceive the public and
insult the people who are called first or last name (Duch)
for example, the painter (Duch Sideum), the master of music
(Sok Duch) of the Takeov province, the grandparents of Miss Seng Theary
(Duch Som) ect ... broadcast by the global media including Radio France Internationale (RFI & FRA) and often speaking by journalists (Jean François Tan, Kouch kuntheara,Pen Bunna ...).
Paris V.January7,2012.
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