Tuesday, February 14, 2012

Duo emerge as allies for Kasper-Ansermet

Judge Chang-Ho Chung
Judge Rowan Downing

Tuesday, 14 February 2012
Bridget Di Certo
The Phnom Penh Post

Two international Pre-Trial Chamber judges at the Khmer Rouge tribunal have given UN-nominated Reserve Co-Investigating Judge Laurent Kasper-Ansermet a green light to proceed with the resumption of investigations into government-opposed Case 003, an opinion from the judges published yesterday said.

Judges Rowan Downing and Chang-Ho Chung have again split from their Cambodian counterparts over issues relating to Case 003 and have also accused the Cambodian president of the Pre-Trial Chamber of going behind their backs and jeopardizing the integrity and ethics of the court.

We are of the same view [as Kasper-Ansermet] that it is necessary to conduct a complete investigation into crimes as serious as those [in Case 003],” the two international judges said in their opinion, which is dated one day after Kasper-Ansermet made public his order on the resumption of investigations into the case last Thursday.


In their opinion, Downing and Chung said that Pre-Trial Chamber president Prak Kimsan drafted a memorandum without their knowledge or agreement stating that “Mr Laurent Kasper-Ansermet does not have enough qualification to undertake his duty, according to legal procedure in force”.

Downing and Chung said this memorandum “did not represent the opinion of or a decision of the full Pre-Trial Chamber” and that such correspondence “amounts to a breach of confidentiality by a disclosure of the opinion of some of its judges prior to the conclusion of deliberations”. Prak Kimsan then refused their request to remove the memorandum, the judges said.

In a press release accompanying his order on the resumption of investigations in Case 003, Kasper-Ansermet called for the disqualification of Prak Kimsan, and for the president to be excluded from all deliberations relating to Case 003.

Clair Duffy of Open Society Justice Initiative said the effect of the international judges’ opinion was good for Case 003, but had serious undertones.

“[Downing and Chung] make serious allegations that Prak Kimsan and possibly the other national judges acted to circumvent the clear procedures in the ECCC documents for resolution of this kind of dispute and thereby thwarted the power of the international judges to act,” Duffy said. “This reinforces concerns ... about the independence of judges in that chamber who have consistently voted along government lines in matters pertaining to cases 003 and 004.”

7 comments:

Anonymous said...

In case of the possible collapse of the ECCC, the ICC is the appropriate World body to take over.

Anonymous said...

Khieu Samphan,

Khieu Samphan said before he was arrested in late 2007 in Pailin that he ( Khieu Samphan want to see this ECCC to be established and proceed in Hague, Holland instead of establishing in Phnom Penh.

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...

Who is Judge Chang-Ho Chung? Anyone?

Anonymous said...

Rowan Downing and Chang-Ho Chung are very good judges. Thank you for doing the right things to find real justices for the victims of the victims of Killing Fields and my father.

Ki-Media, would please post the picture of Prak Kimsan. It is something wrong this idiot Prak Kimsan.

Khmer

Anonymous said...

យើងចាំមើលបន្តទៀត កុំទាន់មើលងាយសត្រូវ
ក្នុងពេលកំពុងធ្វើសង្រ្គាម!យួនមានល្បិចគ្រប់
យ៉ាងដើម្បីវាយបកទៅលើ អ.ស.ប វិញ។
អាចថាម៉្យាងទៀតបានដែរ ពស់ថ្លាន់ដែលកំពុង
លេបឈ្លូសដដល់ពាក់កណ្ដាល ទៅមុខក៏មិន
រួចក្រោយក៏មិនរួច ដូច្នេះយើងព្រួតដៃគ្នាវាយ
សម្លាប់ពស់នោះតែម្ដងភ្លាមទៅ៕

Anonymous said...

Theary Seng is very dumb and does not see the big Yuon snake that swallow Cambodian country under the scapegoats of three stooges Hun Sen (married Yuon wife), Heng Samrin (married to Yuon wife), Chea Sim (married to unknown wife).

Theary Seng does not care about Khmer country and victims of Killing Fields. She care about her family members were killed in during Killing Fields. She pretended to be a person who cares about the victims of Killing Fields who are not educated enough like Theary Seng, knowing who the Khmer Rouges are, who Angkar Leu/Cap Tren, why the Hanoi/Yuon master-minded bastards and bitches behind Khmer Rouges, Hun Sen, Heng Samrin, Chea Sim, why so many Yuon CPP officials in under Hun Sen such as Hor Nam Hong (former Khmer Rouges Prison Chief - Yuon/Hanoi secret agent in Beong Krabaek), So An, Sok Kong, Men Sam An, Var Kim Hong, Kok An, and more... Those most corrupted Yuon Officials have recently controlled and occupied in Administrations Offices under CPP Yuon regime led by illegally installed PM Hun Sen (Hanoi/Yuon puppet) and all of them are illegal Hanoi/Yuon government pretend to be Cambodian Government in the blind eyes of Khmer People and International Communities and UN or the people around the world.

Theary Seng and Youk Chhang do not see the bigger problems are coming to destroy and disappear Cambodia in the hand of Hanoi/Yuon secret plans in the next decades to come because of the fake Cambodian Government (which Hanoi/Yuon CPP Government in Phnom Penh). The world, UN, International Communities have not seen the current Cambodian Government looking like today that Hanoi/Yuon CPP crooks inside Cambodian Affair.

The world and international communities have only accused Cambodian Government (every of us, Cambodians/Khmer) are bad and corrupted instead of Yuon/Hanoi CPP crooks instead.

The world and international communities do not see how the Yuon/Vietnam Hanoi master-minded evils who do not respect the 1991 Peace Agreement in Paris and Viet/Hanoi have stilled interfered the Cambodian/Khmer Affairs until today, trying to illegally evict Khmer farmers the borders, illegal Yuon property owners in Cambodia, accuse Khmer people demarcate their lands in Cambodia, and so on. Every problems have created and caused by illegal Yuon/Hanoi folks in Cambodia.

Of courses, Youn/Hanoi CPP officials can speak Khmer languages because they have been in Cambodian since 1979 after the easy invasion of Yuon/Viet Hanoi.

They (Yuon/Viet) still speak Yuon language (Vietnamese language)

Khmer Yeurng