Vong Sokheng and David Boyle
The Phnom Penh Post
“There’s no tradition of an independent judiciary in this country, you just do what the prime minister says, so if the prime minister expresses his opinion about my client’s guilt, then what’s the point of the trial” - Michiel Pestman, Nuon Chea's defense lawyer
Prime Minister Hun Sen is weighing his legal options in response to accusations from Nuon Chea’s defence lawyer that the premier has violated his client’s right to a fair trial by publicly condemning him as a Khmer Rouge killer.
During a closed-door meeting with government officials and civil society representatives on Friday, the premier said he would not be prevented from freely expressing himself about Nuon Chea’s alleged crimes under the Khmer Rouge.
“Preventing me from speaking to condemn Nuon Chea and Pol Pot regime means that I was wrong to fight to topple the Pol Pot regime,” he was recorded saying.
“Look! Together help to defend me and do not allow Nuon Chea’s lawyer to act arrogantly.”
On January 10, Nuon Chea lawyer Michiel Pestman called on the tribunal’s judges to “officially condemn” statements the premier reportedly made in Vietnam in which he condemned Nuon Chea for his alleged crimes under the Khmer Rouge.
In October, Pestman filed a criminal complaint with Phnom Penh Municipal Court against the prime minister and other high-ranking government officials, calling for an investigation into their alleged interference in the court.
Pestman told the Post yesterday he would pursue this legal action “more than ever” now and would also file a motion to the ECCC calling on the court’s trial chamber to stop the premier from making further comments that could prejudice the case.
“There’s no tradition of an independent judiciary in this country, you just do what the prime minister says, so if the prime minister expresses his opinion about my client’s guilt, then what’s the point of the trial,” he said.
Key Tech, one of Hun Sen’s senior lawyers, refused to speak specifically about what legal course the premier will take, but said in general terms that every citizen, not only the prime minister, had the right to counter-sue someone who filed a complaint against them.
“If a litigant abuses the rights of one party, then the victim has the right counter-sue,” he said.
Clair Duffy, a Tribunal Monitor with the Open Society Justice Initiative, said senior politicians such as a prime minister should not be commenting on the guilt or innocence of a defendant during their trial, in any country.
“I think it’s especially the case in Cambodia, where judicial independence is still in its infancy – those foundations are still being built – and it’s even more so the case at the ECCC, because we know there have been issues with political interference in the court,” she said.
“The risk really is that allegations of political interferences that have been mostly limited to cases 003 and 004 until now could seep into Case 002.”
7 comments:
Even though Hun Sen, the jungle man, thinks that he is above the law but he should learn when to shut sometimes.
This is the reason why Hun Sen and many in the current CPP also need to bring into international trail..as the too are murders and they are doing everything to stop the truth from coming out...
This said it clear that Hun Sen and his Gangs need to be part of the KR trail and it should be mover to International Court if they want to save on cost and improve efficency and provide proper justice to the Khmer people dead and alive!!!
I think it TIME THE UN HAVE COURAGE TO MAKE A CALL ON THIS MATTER AND NOT PRO-LONG IT ANY FURTHER.
The truth is exposed. Dictator Hun Sen must pay for his crimes and involvement. This coward barks at poor Khmer. Let see this dictator bark at an independent lawyer. AH CHKAE
Noun Chea and Khieu Samphan only try to tell Khmer next generation for very last time from this Hanoi ECCC that the Indochina Feeration really exist and really cause great danger to Cambodia and Cambodians will soon become minority on our own homeland because of yuon ambition to put Lao and Cambodia under yuon yoke and exterminate ethnic Cambodians.
Remember Hun Sen vs Mu Sochu? Mu Sochu made a press conference against Hun Sen saying Hun Sen was at fault. Then Hun Sen sued Mu Sochu for saying he is guilty when the court did not even decide on his faith yet. Naturally Hun Sen won the case over Mu Sochu. Similarly, Hun Sen said at a press conference that Noun Chea is a guilty before the court's decision. Therefore, Hun Sen is at fault big time in this case.
3:31 PM, Yes very true. The country ruled under the dictator means, the dictator is always rights. Lets see if a dictator Hun Sen can finally bleed from his own game.
5:30 AM, to second your opinion that seconds that of 3:31PM...
Between the Karma laws (according to Khmer) and Murphy laws (universal laws?), Yes, Hun Sèn can and will. It's just a matter of time!
Peking Duck
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