Tuesday, February 14, 2012

Defence sees ‘prejudice’ trend

Michiel Pestman, co-defence counsel for Nuon Chea, speaks to reporters in Phnom Penh in November last year. (Hong Menea/Phnom Penh Post)

Tuesday, 14 February 2012
Bridget Di Certo with additional reporting by Cheang Sokha
The Phnom Penh Post

Ongoing ten­sion be­tween the Khmer Rouge tribunal trial judges and defence counsel for Brother No 2 Nuon Chea erupted yesterday, with the former Khmer Rouge ideologue’s counsel accusing Trial Chamber president Nil Nonn of rude and inappropriate behaviour.

Dutch lawyer Michiel Pestman addressed Nil Nonn before substantive proceedings began and accused him of using the Khmer words neak eng (អ្នក ឯង) to refer to Pestman during court.

I understand the language is inappropriate, if not rude, and could be misinterpreted as intimidating not just me, but also my client,” Pestman said, adding that Nil Nonn used the word 12 times in court last Wednesday to refer to him. “It further undermines the integrity of the court and could give the impression of bias.”

Nil Nonn thanked Pestman for his “observation” before turning to the prosecution, who were introducing a selection of documents to the open court.

Cambodian legal expert Sok Sam Oeun agreed use of the Khmer word neak eng in court is impolite and could give an impression of bias, but added that it is not unfamiliar in the Kingdom’s courtrooms. “I think the judge should set a good example for the Cambodian courts,” Sok Sam Oeun said. “Local court judges commonly use this word – and much worse!”


A former tribunal Cambodian prosecutor, who did not wish to be named, similarly said the word was frequently used by judges in Cambodian courts. “Of course, it is an impolite word, but there are no laws or judicial advice against using it in court,” he said.

Nuon Chea’s defence team has frequently been at loggerheads with the Trial Chamber. Counsel has previously request­ed the disqualification of the en­tire Trial Chamber bench, and more recently the disqualification of New Zealand judge Silvia Cartwright for perceptions of bias against their client. All these requests have been rejected by the Chamber.

Contacted by the Post yesterday, Pestman said there was an emerging trend of prejudice against his client and defence team “because we are asking the right questions about the on­going government interference in the work of the court”.

He added they would file another request for disqualification of Judge Cartiwright today over comments she has made to New Zealand media.

Yesterday’s proceedings centred on the prosecution’s presentation of documents that in their view showed that from as early as the late ’60s, senior Khmer Rouge leadership had begun formulating a policy to turn Cambodia into a nationwide slave camp.

The prosecution presented documents detailing the party line and establishment of the first cooperatives, or alleged forced labour sites, in the Khmer Rouge “liberated” areas from the early 1970s.

The prosecution also presented documents demonstrating an alleged Communist Party of Kampuchea agenda to destroy and uproot all private enterprise in the Kingdom, and especially to shake apart the social fabric of cities, which the prosecution alleges the accused did through the evacuation of urban areas.

While some of the co-accused had attributed the evacuation of Phnom Penh to the threat of US bombing, prosecutors picked out several documents in which Khieu Samphan applauded the success of Khmer Rouge cadre in stemming the flow of food and medical aid into Phnom Penh prior to the capital’s fall.

13 comments:

Anonymous said...

I agreee with the following comment Nil Noon is shamefull by usnig neak eng ( 12 times ) but if we look deeper into this ECCC this ECCC is Hanoi ECCC.

Cambodian legal expert Sok Sam Oeun agreed use of the Khmer word neak eng in court is impolite and could give an impression of bias, but added that it is not unfamiliar in the Kingdom’s courtrooms. “I think the judge should set a good example for the Cambodian courts,” Sok Sam Oeun said. “Local court judges commonly use this word – and much worse!”

Anonymous said...

Nil Noon is a Fucking CPP Yuon/Viet in Srok Khmer/Cambodia. He is a very ugly gook and speaking Khmer language like gook in Vietnam. He did not do anything to serve Cambodian/Khmer Victims, Cham Victims, Khmer hill tribes, and foreigners.

Death to Yuon/Viet gooks who served Vietgooks'dog (Hun Sen)!

Anonymous said...

Khmer people and UN need to terminate ah Kbal Yuon Nil Nonn who is an illegal Yuon settler in Srok Khmer. Nil Nonn is a fraud and scam CPP nominee for ECCC by CPP Yuon official crooks and Hun Sen.

Anonymous said...

nil nonn this man he work protect vietnam killer khmers nil nonn he work for HUN SEN this man HUN SEN he protect khmers vietmin

Anonymous said...

sounded to me like ethics and professionalism issues at the court. aren't lawyers and judges trained to adhere to good lawyer and judge's ethics or professionalism? they all should address everyone as mr. or ms, not any other way as they please without respect to the code of ethics for lawyers and judges in their profession, you know.

Anonymous said...

I like Mr. Michiel Pestman, co-defence counsel for Nuon Chea because it is good to find the good evidences and fair justices for the victims of Killing Fields.

We really hate Nil Nonn.

In the past 30 years, I thought that only Khmer Rouges killers coming from China and Pol Pot is Chinese. Fraud and false stories about Khmer Rouges and Pol Pot was all over the places in the world because of the manipulations coming from the Communist Yuon/Viet gooks who are the most killers and criminals and who lied so much to make the people of Khmer/Cambodia and the worlds believe.

Yuon/Vietcong pushed and manipulated Sihanouk to do a lot of bad things for Khmer people. Sihanouk married to Yuon-French wife (queen). Sihanouk had so many Yuon prostitutes (playboys) and corrupted. Stupid King!!! Now, it is another one stupid Hun Sen was manipulated and pushed by Yuon/Hanoi masters who tell stupid Hun Sen what to do to hurt Khmer people and nation, allowing illegal Yuon settlers in Cambodia all over the places for more than 30 years.

Anonymous said...

Pol Pot,

We have full rights to hate and not to hate Pol Pol?

But one thing about Pol Pot which I can not refuse or turn blind eyes to Pol Pot bravery to stand up and fight against yuon Hanoi to protect Cambodian sovereignty both sea and lands including Koh Trol.

Other thing that I can not refuse the truth about Pol Pot, Khieu Samphan and Noun Chea contribution with 1991 Paris Peace Agreement without 1991 Paris Peace Agreement Cambodia would be part of yuon Hanoi long ago like Kampuchea-Krom.

Anonymous said...

Why Hun Sem and youn Hanoi so afraid of Cases 003, 004 if they have nothing to do with mass killing of Cambodian people between 1975-1979?

Anonymous said...

Mr. Pestman,
Our greatest glory consists not in never failing but in rising every time we fall, so keep going stronger and stronger.

Thank you for trying to find true justice for the victims of the killing fields.

Anonymous said...

International Communities and UN need to protect Khiev Samphan, Ieng Sary, and Nuon Chea who are very important person in the trials.

Khmer people and foreigners need to protest and march to take down Nil Nonn who fraud Yuon judge who protect his Yuon/Viet killers in the Killing Fields.

Khmer victims deserve the real justices.

Thank you, Mr. Michiel Pestman. We, all Khmer people, support you and like you.

Theary Seng you need to do something to tell Khmer people to protest the Idiot Nil Nonn (Yuon judge). You need to do something to protect the victims of Killing Fields. You need to know that. Take down the dart you put on Nuon Chea who is honest and admits he did wrong and told the truth. You need to be sure you do the right things, not protect the Yuon/Vietnamese Killers of Killing Fields. My father was killed in the Killing Fields. My father was a doctor (surgeon). You need to face the facts.

Anonymous said...

Khmer Viet Minh,

Khmer Viet Minh who workded alongside with Pol Pot between 1975-1978 were:

1. Heng Samrin.

2. Chea Sim.

3. So Phim.

4. Rhos Nhim.

5. Keo Meas.

6. Ni Sarann.

Above were former Khmer Viet Minh who created by yuon Viet Minh to fight alongside with Viet Minh who fought against French colony in 1940s-1954 and the leader of these Khmer Viet Minh was Son Gnoc Minh or also known as Achar Mean but the real leader of this Khmer Viet Minh was Nguyen Thach Son or ong Son who led both Khmer and yuon Viet Minh fighting in Cambodia between 1940s-1954.

Anonymous said...

Nil Nonn is the Trial Chamber president of a hybrid international court; it was too bad that he addressed Michiel Pestman by using the inappropriate Khmer words ‘neak eng’.
He thought it was ok to use it because he assumes that he is of higher rank than Michiel Pestman.
To be at that level he should be very well educated, why was it so hard for him to address Michiel Pestman as Lok Pestman = Mr. Pestman?
No wonder he deserves no paycheck.

Anonymous said...

Yep, the word, "Neak Eng" is very rude in the Khmer language. In fact the when the term "eng" is added to even the word "Loke" it is still perjorative. Neak Eng is translated as "You contemptible you", or in the child's language, it is "You-You".