Duch Final Verdict
Friday, 3 February 2012
Final Pronouncement of Supreme Court Chamber of ECCC
(Theary C. Seng's interview with an international news company)
I just returned from the ECCC to attend the final appeal pronouncement of the Duch sentencing (I purposely avoided the word "verdict" because the whole of Case 001 has been on sentencing and not on whether Duch is guilty or not, as he confessed time and again).
The ECCC's final pronouncement on Duch was extremely disturbing! I agree with the life sentence as that accords with the gravity of his crimes. That is not the issue.
But what I find extremely disturbing are several things:
One, the majority of the judges (4 Cambodian + one Japanese) overturned the Trial Chamber's acknowledgement of Duch's confession and cooperation as well as his illegal pre-trial detention by the Cambodian Military Court. That is to say, this final verdict failed to account for his genuine confession, his consistent cooperation, and his illegal detention by the Military Court in 1999 until his pre-trial detention by the ECCC in 2007.
The legal implication carries dangerous consequences for the Cambodian national court system in the embedding of persistent violations of fair trial rights and due process, especially on the violation of pre-trial detention rights which is an abhorrent and pervasive problem in the national court system that we want change in our society.
Two, the sentencing appeases the emotional sentiments of victims in handing out the most extreme sentence ("extreme" not in being giving "life" which is appropriate but with no acknowledgment of important mitigating factors, eg, confession, cooperation, illegal detention), which aligns withe political will of this current Cambodian government, that is to make Duch, a small fish (not a senior KR leader) who would be the star witness in Case 002, the sole scapegoat of this KR regime. In light of extremely delayed, extremely fragmented condition of Case 002, involving the 3 senior KR leaders, which is the heart of the KR crimes and justice, Duch will effectively be the sole scapegoat of all KR crimes and atrocities.
I am extremely disturbed because today's final closure on one case involves a man who was not a senior KR leader; Duch was the director one prison, among 200 KR prisons. Where I was detained as a child of 7 years old, DC-Cam estimated 30,000 were believed to have been killed there, including my mom. But this and similar other prisons will never get a hearing!
Also the fact that this minor case of Duch (in comparison to case 002 involving 4 then 3 senior KR leaders and in light of the 5 charged persons in cases 003/4) took 6 years, almost all the resources and attention, is extremely disturbing in its furthering of this current regime's propaganda to re-write history according to its resources and brute power, that is to be known as the regime which put the KR on trial and in the process whitewash its own KR history and crimes.
Very, very disappointing and extremely upset by the political outcome.
The ECCC's final pronouncement on Duch was extremely disturbing! I agree with the life sentence as that accords with the gravity of his crimes. That is not the issue.
But what I find extremely disturbing are several things:
One, the majority of the judges (4 Cambodian + one Japanese) overturned the Trial Chamber's acknowledgement of Duch's confession and cooperation as well as his illegal pre-trial detention by the Cambodian Military Court. That is to say, this final verdict failed to account for his genuine confession, his consistent cooperation, and his illegal detention by the Military Court in 1999 until his pre-trial detention by the ECCC in 2007.
The legal implication carries dangerous consequences for the Cambodian national court system in the embedding of persistent violations of fair trial rights and due process, especially on the violation of pre-trial detention rights which is an abhorrent and pervasive problem in the national court system that we want change in our society.
Two, the sentencing appeases the emotional sentiments of victims in handing out the most extreme sentence ("extreme" not in being giving "life" which is appropriate but with no acknowledgment of important mitigating factors, eg, confession, cooperation, illegal detention), which aligns withe political will of this current Cambodian government, that is to make Duch, a small fish (not a senior KR leader) who would be the star witness in Case 002, the sole scapegoat of this KR regime. In light of extremely delayed, extremely fragmented condition of Case 002, involving the 3 senior KR leaders, which is the heart of the KR crimes and justice, Duch will effectively be the sole scapegoat of all KR crimes and atrocities.
I am extremely disturbed because today's final closure on one case involves a man who was not a senior KR leader; Duch was the director one prison, among 200 KR prisons. Where I was detained as a child of 7 years old, DC-Cam estimated 30,000 were believed to have been killed there, including my mom. But this and similar other prisons will never get a hearing!
Also the fact that this minor case of Duch (in comparison to case 002 involving 4 then 3 senior KR leaders and in light of the 5 charged persons in cases 003/4) took 6 years, almost all the resources and attention, is extremely disturbing in its furthering of this current regime's propaganda to re-write history according to its resources and brute power, that is to be known as the regime which put the KR on trial and in the process whitewash its own KR history and crimes.
Very, very disappointing and extremely upset by the political outcome.
I add that the majority of judges' decision to leave the illegal detention to the national court system is quite baffling and abdication of responsibility, as what's then the point of having the ECCC??? After $200,000,000??? After years of negotiation with UN??
We already know about the problems laden with the national system!!!
We already know about the problems laden with the national system!!!
- Theary C. Seng, 3 Feb. 2012
4 comments:
ឆាកល្ខោនសាលាក្តីខ្មែរក្រហម០០១បាន
បញ្ចប់ទៅដោយជោគជ័យសម្រាប់រាជនិង
រដ្ឋអំណាចសព្វថ្ងៃក៍ដូចជាជោគជ័យសម្រាប់អង្គការលើដែលបានសម្លាប់ខ្មែរប្រមាណបីលាននាក់ក្នុងឆ្នាំ១៩៧៥ដល់១៩៧៩។ ជោគជ័យទី១គឺវាបានពន្យាពេលសាលាក្តីដ៏យូរ។ ជោគជ័យទី២គឺមេដឹកនាំជាន់ខ្ពស់ទីមួយគេចផុតពីការកោះហៅ។និងជោគ
ជ័យទី៣គឺឈ្មោះពិត(កាំងគ្ហេចអ៊ាវ)បានបន្ថែមនិងក្លែងបន្លំហៅ(ឌុច)ដូចដែលអង្គការលើវា
បានបំប៉ោងសម្លេងតាមប្រពន្ធ័ផ្សប់ផ្សាយជាតិនិងអន្តរជាតិជាច្រើនឆ្នាំមកហើយដើម្បីបំភាន់មតិសកលលោកនិងដើម្បីវាយ
ប្រហារកិត្តិនាមកិត្តិយសអ្នកណាដែលមាននាមឬត្រកូល(ឌុច) ឧទាហរណ៍ជាងគំនូរ(ឌុចស៊ីឌឹម) គ្រូភ្លេងបុរាណខ្មែរ(សុកឌុច)នៅខេត្តតា
កែវ ព្រមទាំងជីតាអ្នកនាងសេងធារី(ឌុចសោម)។ល។
ប៉ារីស៍ថ្ងៃទី៣កុម្ភៈ២០១២
អក្សរភាសាខ្មែរ
Of course the companions of the January 7, 1979 was as
executives of the organization of the Khmer Rouge(អង្គការលើ), 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(អង្គការលើ)
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 ...).
Theary Seng will be haunted whenever where she is. She has done something wrong in the wrong side of history. She does not know during the Killing Fields because she was too small or just a baby. She did not know where the Angkar Leur/Cap Tren came from. It was originally from Hanoi in the Killing Fields and also has been used in Southern Vietnam where Khmer Krom (Kampuchea Krom) resides until today.
Theary Seng made her look famous, but stupid and naive. She did not know Yuon/Vietnam are still behind until today.
The same thing to Youk Chhang. What hell are these folks from the U.S. have have been misleading the victims and survivors of Khmer Rouges who are a little of knowledge about what happened in the Killing Fields.
Right now, Hanoi and Vietcong/Yuon folks are hopping and laughing because of they are lucky to avoid their evil deeds and committed criminals since before-after War between Americans and Vietcong.
I can not imagine stupid Khmer people (who are brainwashed) like Theary Seng, Youk Chhang, other Khmer folks in the U.S. and Khmer folks who voted for CPP and Yuon because of manipulated January 7.
It is very sad to the little guy has been punished instead of Big Master Minded guys like Hanoi, CPP Yuons (Hor Nam Hong, ect) and more. Hun Sen, Heng Samrin, Chea Sim should be death after Cambodia is completely Vietnamized just like Champa and Khmer Krom.
Hun Sen, Heng Samrin and Chea Sim are still not waking up yet within more than 30 years and still enjoy the fake powers that have been installed by current hidden faced CPP Yuon Hanoi inside Cambodia today until they are death at end of their lives 99 years old.
You Khmer know, that Funcipec and Sam Ransy won elections back in late 1990 until late 2000, seeing that Hun Sen lost his election and then asked hidden faced Yuon military (in the blind eyes of Khmer and Foreign people) ordered to send the grenades into the crowds and scared all peaceful and innocent people. You Khmer and International folks did not know the hidden Yuon faces (forces) were hired to protect Hun Sen from losing powers. These situations confused everyone to remind them that it will happen again like Killing Fields, of courses, it is not going to happen without Hidden Yuon/Vietnamese faces (forces) there pretending to be Cambodian Military or armed forces. Watch out Khmer people! Be prepared! Learn something you don't know what are behind all of those situations.
Remember, the UN Peace Keeping forces during the installation of King Sihanouk and Funcipec in Cambodia! After Funcipec won election, it sounded like the everything was fine or OK, but it was not not before the UN Peace Keeping forces left Cambodia. However, the works of UN were not done yet because there were hidden Vietnamese/Yuon forces from Hanoi and Vietnamese master minded bastards who installed Hun Sen for power, would started coup and sent grenades into innocent Khmer people in 1993 and happened again in 1997.
Again and again, Khmer people were so scared and gave up because they were afraid of second killing fields occurred just like KR Killing Fields. So, now, Khmer folks did not know several hidden Yuon/Vietnamese military arm forces inside Khmer society who pretend to be Khmer/Cambodian armed forces. Khmer/Cambodian soldiers, please don't be fooled and watch out each others when hidden Yuon/Vietnamese faces among Khmer military. Don't let this happen to innocent Khmer people again because of Vietnamese/Yuon forces from Hanoi that protect Hun Sen and hidden CPP officials for their powers.
Khmer/Cambodia Unity and Khmer love Khmer, Khmer Yeurng
Khmer people have known where Vietnam military were/are in Cambodia.Boeng kok citizens,Borey Keila last week and this week,
Khmer in Cambodia,and around the
world knew them all.
Where were/are Vietnam hiding from
the top,Hun Sen govt,in all provinces,Districts,communities,and
village leaders(some of them not
in Vietnam control).
Vietnam govt must pull military,
secret polices,Vietnamese immigrants out of Cambodia.
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