ព្រះរាជ​អាជ្ញា​អន្តរជាតិ​ថា​រឿងក្តី​បន្ថែម​ត្រូវ​តែ​មាន​ - Int'l Co-Prosecutor: Additional cases must be brought forward

លោក អានឌ្រូ ខាលី ​សហព្រះរាជអាជ្ញា​សាលាក្តី​កាត់ទោស​មេដឹកនាំ​ខ្មែរក្រហម​រូបថត៖ AP
Andrew Cayley, ECCC Co-Prosecutor (Photo: AP)

ថ្ងៃអង្គារ, 07 ខែកុម្ភៈ 2012
ដោយ សុខ ខេមរា វីអូអេ ខ្មែរ | វ៉ាស៊ីនតោន

«សំណួរ​គឺ​ថា តាម​ច្បាប់ ទោះបី​ជា​សហចៅក្រម​ស៊ើបអង្កេត​ចង់​ចាប់​ផ្តើម​ការ​ស៊ើប​អង្កេត​ឡើង​វិញ​ក៏​ដោយ ក៏​វិធាន​ច្បាប់​មាន​លក្ខណៈ​ទន់ខ្សោយ​ក្នុងរឿង​នេះ»។

Synopsis: Even though Cases 003/004 are still facing difficulties, Andrew Cayley, the International Co-Prosecutor of the KR Tribunal claimed that the Co-Investigating judges have the legal duty to investigate these two cases. Andrew Cayley told VOA: “The Co-Investigating Judges cannot reject or kick out the accusations, except when there is no crime that was perpetrated. The identity of the culprits has not been revealed yet and the exact locations are still lacking.”

ទោះជា​សំណុំ​រឿង​បន្ថែម​០០៣ និង​០០៤​ កំពុង​មាន​ភាពចម្រូង​ចម្រាស់​ក្តី លោក អានឌ្រូ ខាលី ​សហព្រះរាជអាជ្ញា​សាលាក្តី​កាត់ទោស​មេដឹកនាំ​ខ្មែរក្រហម​បាន​អះអាងថា សហ​ចៅក្រម​ស៊ើបអង្កេត​មានភារកិច្ច​បន្ត​នីតិវិធី​តាម​ច្បាប់​ជា​ចាំបាច់​ដើម្បីស៊ើបអង្កេត​រឿង​ក្តី​ទាំង​ពីរ​នេះ។

លោក អាន ឌ្រូ ខាលី​ថ្លែងប្រាប់​វីអូអេ​តាមរយៈ​អ៊ីម៉េល​ថា​៖

«សហចៅក្រម​ស៊ើបអង្កេត​មិនអាច​បដិសេធ ឬ​ទាត់ចោលការ​ចោទប្រកាន់​បាន​ទេ លើកលែង​តែ​ពុំមាន​បទឧក្រិដ្ឋ​ត្រូវ​បាន​ប្រព្រឹត្ត។ ជនដៃ​ដល់​មិនទាន់​ត្រូវ​បាន​បង្ហាញ​អត្តសញ្ញាណ​ ឬ​ទី​កន្លែង​ ភស្តុតាង​គ្រប់​គ្រាន់​ក៏​ទេ​ដែរ»។

With Trial Under Way, Tribunal Faces Questions of Legacy

Monday, 05 December 2011
Say Mony, VOA Khmer | New Jersey

“We have to show a good example to young lawyers.”

The international prosecutor at the UN-backed Khmer Rouge tribunal says the court must work to ensure the practice of law if its legacy to Cambodia is to be assured.

“We have to show a good example to young lawyers,” Andrew Cayley told VOA Khmer in an interview.

Cayley spoke after a talk he gave to law students at Rutgers, in the US state of New Jersey, last month.

“We have to show them how to practice law in an honorable and decent way,” he said. “I think we can do that.”

‘Strong’ Case Against Four Khmer Rouge: Prosecutor

This combo shows file photos of the four top surviving leaders of the Khmer Rouge regime from left to right: Nuon Chea, the group's ideologist; former Foreign Minister Ieng Sary; and his wife Ieng Thirith, ex-minister for social affairs and former head of state and public face of the regime, Khieu Samphan, ( File Photo: AFP)

Tuesday, 08 November 2011
Sok Khemara, VOA Khmer | Washington, DC

“There is documentary evidence that links them with the crimes on the ground, including publications of the Khmer Rouge, and including other documentary evidence.”

Andrew Cayley, the international prosecutor for the UN-backed Khmer Rouge tribunal, says he is confident ample evidence exists to prosecute four former regime leaders when their case goes to trial later this month.

Cayley spoke to VOA Khmer after a talk he gave at Rutgers University on Oct. 26, while the tribunal prepares for the trial of leaders Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith for atrocity crimes.

“I think that the case is a very strong one against these individuals because of the size and scope of the crimes that were committed,” Cayley said. “There is documentary evidence that links them with the crimes on the ground, including publications of the Khmer Rouge, and including other documentary evidence.”

UN Prosecutor: ‘The Law Ties Me To Do This’

Friday, 04 November 2011
Reporters, VOA Khmer | Newark, New Jersey

"That’s my duty, to follow the law. I can’t do anything else. The law ties me to do this."

[Editor’s note: On Oct. 26, Andrew Cayley, the international prosecutor for the UN-backed Khmer Rouge tribunal, gave a lecture at Rutgers University, in Newark, New Jersey. Cayley, who came to the court in 2009, has been closely involved in the prosecution of two contentious cases at the court, called 003 and 004. In April, he filed an appeal against the sudden conclusion of Case 003 by the court’s investigating judges, calling on them to reopen the case, visit key crime sites and interview its two suspects. On Friday, Nov. 4, the court rejected the appeal, after a split decision. Meanwhile, court observers and victims groups have roundly criticized the handling of both cases 003 and 004 by the Office of the Co-Investigating Judges, and their full prosecution is publicly opposed by Prime Minister Hun Sen and other key government leaders. This has led to widespread concerns that the cases are falling victim to political interference and will not be completed. Cayley addressed these concerns and other in an interview with VOA Khmer following his lecture at Rutgers.]

You’ve been in Cambodia for two years, trying to prosecute suspects. What is your evaluation? What has been done and what has been achieved?

I think a lot has been achieved. I mean I’ve only been with the court for two years. My predecessor, Robert Petit, laid strong foundations for the office of the co-prosecutors. I think the achievements that have been made have been the trial and conviction of Duch in the first case. That case is now under appeal. I think that appeal [decision] will come out very shortly. I think that’s going to be another major milestone for the court. I think the whole of the pretrial process and the completion of the investigation and closing order in Case 002 was an immense achievement, actually, for the court. I mean when you look at the documentation that was produced and the number of crimes that were addressed, it’s one of the biggest cases that’s ever been done in international criminal law, a case that will begin in November. As I said at the talk [today], outreach has been done extremely well at the court. I think the combination of national and international actors in that and the involvement of the Cambodian people in the court, that’s a major success of the court. The thing that is the shadow of course over that is cases 003 and 004, and I think that’s probably diminished the very positive perceptions that everybody should have about Case 001 and Case 002 and the work that was done around those cases.

You have submitted for prosecution a third submission to the co-investigating judges and they kind of deny about that. So what is your next step to deal with that?

Khmer Rouge tribunal judges spilt once more [-The KRT is turned into a Phnom Penh OPERA HOUSE for Khmer tragedy?]

Friday, 04 November 2011
Bridget Di Certo
The Phnom Penh Post

Divisions between the national and international judges at the Khmer Rouge tribunal’s Pre-Trial Chamber surfaced in another decision relating to Case 003 published yesterday.

The Pre-Trial Chamber’s deliberations regarding International Co-Prosecutor Andrew Cayley’s request for further investigative action in the tribunal’s controversial Case 003 revealed the national and international judges had incompatible interpretations of the fundamental rules of the court.

The three national judges approved the actions of National Co-Prosecutor Chea Leang, who opposes cases 003 and 004, while the two international judges aligned their support with the actions of Cayley, who has advocated strongly for full investigations into Case 003.

UN Prosecutor Says ‘Clouds’ Hang Over Tribunal

Andrew Cayley, the international prosecutor for the tribunal, who is currently in the US, spoke to VOA Khmer while giving a talk at Rutgers University, in New Jersey. (Photo: VOA Khmer)

Tuesday, 01 November 2011
Sok Khemara, VOA Khmer | Washington, DC

“Are they serious about justice, or are they simply going through the motions to have what appears to be an experience, and to spend $150 million, possibly $250 million, in contributions from the world in the pursuit of justice?”

The international prosecutor for the UN-backed Khmer Rouge tribunal says all the cases before the court need to be properly considered to lift the “cloud” currently hanging over it.

The court is preparing for its biggest trial to date, for four jailed regime leaders, but it has faced a rash of criticism in recent months over the investigating judges’ handling of two more cases at the court.

The international investigating judge announced his resignation last month over repeated statements by top officials in opposition to cases 003 and 004, and two international judges issued a harsh criticism for the investigating office’s improper handling of court documents related to both cases.

“It is certainly a problem,” Cayley told VOA Khmer in an interview this week at New Jersey’s Rutgers University, where he was holding a talk. “I warned people a while back that if cases 003 and 004 were dealt in that way they were being dealt, we would end up in this situation with fairly critical judgments.”

Cambodia tribunal - judges bowing to political pressure?

Judges will announce “sometime next year” if two politically sensitive cases will be heard at Cambodia’s tribunal, according to the court’s international co-prosecutor. The decision will hinge on whether the suspects can be considered “senior leaders or those most responsible” for crimes committed by the Khmer Rouge regime.

25 August 2011

By Jared Ferrie, Kampong Chhnang

International Justice Desk

Andrew Cayley made the comments during a presentation to about 70 teachers attending a training course on Khmer Rouge history. In a question and answer period following his talk, one teacher asked about the status of the court's third and fourth cases (003 and 004), which the government has warned will not be “allowed” to go to trial.

Cayley noted that prosecutors built those cases before he was appointed to the court in 2009.

“They were put into my lap,” he told the teachers. “The only thing I can do is follow the law and the rules of the court in addressing these case. Ultimately, it will be a matter for the judges to decide whether people involved in these cases were senior leaders or those most responsible.”

Mid-ranking cadres

The identities of the suspects have not been released, but leaked documents reveal that 003 involves the heads of the Khmer Rouge navy and air force, while the suspects in 004 were mid-ranking cadres who allegedly oversaw mass killings and other atrocities in areas under their control.

In a recent statement, the co-investigating judges said they had “serious doubts about whether the suspects (in 004) are ‘most responsible’”. But the judges shared no information about the nature of those doubts.

In an interview last month with VOA, Investigating Judge Siegfried Blunk expressed similar doubts about the suspects in 003.

Tribunal Prosecution Appeal To Be Made Public

Andrew Cayley, British co-prosecutor to the U.N.-backed Khmer Rouge genocide tribunal, greets the crowd during a meeting with local officials and residents in Pailin, (AP file photo).

Monday, 22 August 2011
Kong Sothanarith, VOA Khmer | Phnom Penh

“The fact that there is no public information will cause a loss of confidence in the court process among victims.”

Judges at the Khmer Rouge tribunal have determined that an appeal over the continued investigation of a controversial case at the UN-backed court can be made public.

The appeal, which was made by international prosecutor Andrew Cayley earlier this year, calls for investigating judges to do more work in Case 003, in which two Khmer Rouge commanders are accused of atrocity crimes.

Allowing the publication of that submission will further help victims who wish to be a part of the case, tribunal monitors said Monday.

Investigating judges announced in April they had concluded their work in the case, but Cayley said in a subsequent statement they had not questioned the two suspects and had not adequately investigated alleged crime sites.

Call for action in KRT’s 004

Andrew Cayley

Friday, 17 June 2011
James O'Toole
The Phnom Penh Post

Khmer Rouge tribunal co-prosecutor Andrew Cayley has called for additional investigation in the court’s controversial fourth case, the latest salvo in his ongoing struggle with the tribunal’s investigating judges.

In a statement issued yesterday, Cayley said he had filed a “supplementary submission” in the case that expands on the alleged crimes initially listed by the prosecution, and a related request for investigative action.

“The Supplementary Submission adds additional crimes to Case 004, including crimes committed against the Khmer Krom population in Takeo and Pursat provinces, based primarily on civil party applications, complaints and other new evidence the International Co-Prosecutor became aware of subsequent to the original filing of the Case 004 Introductory Submission,” Cayley said.

Tribunal Chamber Suspends Retraction Order for Prosecutor [-At least some judges still use their heads!]

Andrew Cayley, British co-prosecutor to the U.N.-backed Khmer Rouge genocide tribunal, greets the crowd during a meeting with local officials and residents in Pailin, (file photo, Photo: AP)

Kong Sothanarith, VOA Khmer
Phnom Penh Monday, 13 June 2011

"...Cayley’s public statements could not be retracted and were already part of the public domain."

The Pre-Trial Chamber of the UN-backed Khmer Rouge tribunal on Monday delayed an order from investigating judges that the court’s international prosecutor retract public statements about a controversial case at the court.

Chamber judges said the prosecutor’s remarks, which outlined several investigation sites and other details in Case 003, were already public and that a retraction ahead of an appeals decision would not erase them from the public record.

The decision comes amid increased scrutiny of the investigating judges’ office, which has seen a staff exodus since April, when it brought a hasty conclusion to Case 003—a case Prime Minister Hun Sen opposes.

International prosecutor Andrew Cayley said in a public statement last month he would file for further investigation in the case, including further investigation of key crime sites and questioning of the two suspects.

AKRVC President Theary Seng’s Open Letter to UN Co-Prosecutor Andrew Cayley

AKRVC Open Letter to Andrew Cayley on 9 June 2011
http://www.scribd.com/fullscreen/57430751?access_key=key-2a9x5mz15k09zzfoh6wo

9 June 2011, Phnom Penh

AKRVC President Theary Seng’s
Open Letter to UN Co-Prosecutor Andrew Cayley

Dear Prosecutor Cayley:

I would like to publicly and personally express my deep gratitude to you for your very noble stance on Case 003 starting with the public release of information which has allowed victims to file as civil parties and your subsequent responses to the incomprehensible actions of the Co-Investigating Judges.

In light of the 8 June 2011 article Leaked document casts doubt on impartiality of Khmer Rouge judges in the Christian Science Monitor and pursuant to Internal Rule 54, I would like to encourage and request that you provide the same level of detailed information on Case 004 in order that more victims can file as civil parties.  And to do this now.  It does not take away my gratitude and the nobility of your action, but we the victims could have benefited greatly from time if you had released earlier the information on Case 003.

The Extraordinary Chambers is suffering from the rapidly deteriorating loss of public confidence; you can help to restore this confidence and set the ECCC on a more right course by releasing the information on Case 004 to the victims rather than have the victims obtain the information through a leak.  In light of the high frustration from deceit and secrecy within and outside the ECCC, I can assure you, the leak will happen again, if I am to read correctly the state of affairs and guess the direction of public angst.

Best regards,

Theary C. SENG
Representative of the Civil Parties of Orphans Class,
Association of Khmer Rouge Victims in Cambodia

Leaked document casts doubt on impartiality of Khmer Rouge judges

Prosecutor and judges bought out by Hun Xen

Critics have accused Ms. Chea and the investigating judges, German Siegfried Blunk and Cambodian You Bunleng, of bowing to political pressure.

As the UN-backed tribunal prepares to bring more former Khmer Rouge leaders to trial, a confidential document obtained by the Monitor raises questions about the judges' independence.

June 8, 2011

By Jared Ferrie, Correspondent

Chiang Mai, Thailand

The Christian Science Monitor

As an international tribunal prepares to bring former Khmer Rouge leaders to trial beginning June 27, a confidential document obtained by The Christian Science Monitor raises questions about the UN-backed court’s ability to independently prosecute members of the brutal regime.

The 2008 court document reveals when tribunal prosecutors laid out their case against two former military commanders, they requested that the investigating judges detain them.

The level of detail in the document builds a strong case against the commanders, but the judges ignored the request to detain them and didn’t even summon the suspects for questioning during 20 months of investigation. The judges lack of response underscores concerns about their ability to carry out their duties. When they announced April 29 that they had concluded their investigation, many victims and observers were outraged, pointing out that investigators failed to question suspects and witnesses, or even inspect sites that could contain mass graves.

“[This] could in no way amount to an investigation in the eyes of any reasonable observer and is nothing short of a slap in the face to the millions of victims of the Khmer Rouge,” says Ou Virak, president of the Cambodian Centre for Human Rights (CCHR).

On Tuesday, the coinvestigating judges rejected a request by International Co-Prosecutor Andrew Cayley to extend the investigation, sparking a new round of criticism from observers and watchdog groups.

“If the judges had ever been serious about carrying out their legal obligations, as well as their ethical ones, they would be looking for a way to conduct the investigations with thoroughness and precision,” says Clair Duffy of the Open Society Justice Initiative. “Instead they've availed themselves of every opportunity to shut them down.”

She adds that it was “particularly disturbing” that the judges treated allegations of war crimes and crimes against humanity with such “flippancy.”

Judges dismiss Case 003 requests

Clowns In Justice robe: Bandit You Bunleng (L) and Herr Doktor Siegfried Blunk (R)

Wednesday, 08 June 2011
James O'Toole
The Phnom Penh Post

“The whole thing with the deadline and the secrecy of the cases – the whole thing is a mess,” said Ou Virak, president of the Cambodian Centre for Human Rights. “It indicates that they’re not paying attention to what’s at stake, and that’s justice for the victims.”

Judges at the Khmer Rouge tribunal have rejected calls for further investigation in the court’s controversial third case, bringing it one step closer to what critics say is its long-planned dismissal.

In a decision dated yesterday, co-investigating judges Siegfried Blunk and You Bunleng dismissed the requests from British co-prosecutor Andrew Cayley on a technicality.

The judges announced the conclusion of their Case 003 investigation in April, though during the 20 months that the investigation was open, they failed to examine a number of alleged crime sites or even to question the suspects in the case.

Lacking support from Cambodian co-prosecutor Chea Leang, who has toed the government’s line in opposing the court’s third and fourth cases, Cayley therefore submitted a series of additional investigative requests last month, as he is permitted to do under court rules. In their ruling yesterday, however, the judges said these requests were invalid because Cayley had not formally registered a disagreement on the issue with Chea Leang ahead of his submission, nor had she formally delegated the task to him to undertake on his own.

UN nominates new co-prosecutor for ECCC

08/21/2009
VNA/VOVNews

The UN has submitted a list of two nominations for outgoing international co-prosecutor Robert Petit at the Extraordinary Chambers in the Courts of Cambodia (ECCC) to the Cambodian Supreme Council of the Magistracy.

UK prosecutor Andrew Cayley, who is currently defending the Liberian president at La Hay, and Paul Coffey, an alternative prosecutor for Robert Petit, are named, a press release issued by the ECCC said on August 20.

Robert Petit submitted his resignation in June after his request to expand the investigation of Khmer Rouge crime elements was not accepted.

The Cambodian Supreme Council of the Magistracy will announce its final decision at the end of the month.