Lawyer: Man at Center of Judge's Bribery Charges in Jail Unfairly

Chun Sakada, VOA Khmer
Original report from Phnom Penh
29 August 2007

The man accused of bribing former Appeals Court chief judge Ly Vuochleng is in jail unfairly, without evidence against him and without a confession, a Phnom Penh lawyer said Monday.

Accusations of bribery caused Ly Vuochleng her prestigious seat on the Appeals Court, but the man on the other end of the charges, Chhun Poch, is being detained unlawfully, attorney Kao Sopha said.

Offering a bribe is a minor offense and should not mean jail-time ahead of trial, he said, even if Chhun Poch had confessed, which he hasn't.

Ly Vuochleng's ouster from the Appeals Court led to the appointment of her replacement, You Bunleng, who is now at the center of a Khmer Rouge tribunal row.

You Bunleng has said he can fulfill both his role as a tribunal investigating judge and Appeals Court chief, but observers say this will be difficult.

UN rights envoy Yash Ghai said Monday the appointment of You Bunleng over Ly Vuochleng was unconstitutional and pointed to abuse of power by the executive branch, led by Prime Minister Hun Sen.

Kiwi Foreign Affairs to look into corruption allegations made by Cleghorn's relatives

Winston Peters is aware of the man's allegations

NZer in Cambodian jail makes claims of corruption

Tue, 28 Aug 2007
www.tv3.co.nz (New Zealand)

Foreign Affairs is looking into allegations of corruption in the case of a Wellington man jailed in Cambodia for raping five girls.

60-year-old Graham Cleghorn is serving 20 years in prison for the offence but maintains he was framed by an activist group seeking overseas money.

Mr Cleghorn's family has written to the minister Winston Peters claiming that a Cambodian defence lawyer asked for $16,000 thousand, just days before a second appeal hearing allegedly to cover costs.

A spokesman for Mr Peters says he is aware of the bribery allegations but believes it is too early to say what action, if any, will be taken.

Supporters of Kiwi rapist Cleghorn claim that their refusal to pay $16,000 bribe to the Appeals Court may have cost Cleghorn his freedom (?!?)

Kiwi's appeal judges 'wanted bribe'

Tuesday, 28 August 2007
By RUTH HILL
The Dominion Post (New Zealand)

Supporters of a former Wellington man jailed in Cambodia for raping five girls say their refusal to bribe the appeal judges with more than $16,000 may have cost him his chance at freedom.

The allegations of corruption stirred up by the case may have also instigated the downfall of Cambodia's Appeals Court president.

Graham Cleghorn, 60, was sentenced in 2004 to 20 years in prison for raping five of his employees, aged 14 to 19, in Siem Reap, 314 kilometres northwest of Phnom Penh.

The former Angkor temple tour guide maintains he was framed by the Cambodian Women's Crisis Centre, which he says fabricated the charges to get foreign aid money.

The group and complainants vehemently deny his claims.

Last month the Cambodian Court of Appeal threw out Cleghorn's second appeal. His New Zealand lawyer, Greg King, said Cleghorn's daughter, Heidi Madeley, was shocked to be asked for US$12,000 (NZ$16,530) cash by Cambodian defence counsel Ry Ouk just days before the appeal date.

The request, which came after "informal discussions" with the judge, was ostensibly to cover the cost of a reinvestigation of the case.

"We had no way of knowing whether that was a legitimate request."

Despite being warned to keep the request secret, they contacted New Zealand Embassy staff in Bangkok, who were informed by the Cambodian Court of Appeal that the expense was legitimate.

However, Mr Ouk was furious that "client confidentiality" had been breached and threatened to resign just three days before the hearing.

Cleghorn's supporters managed to raise US$6000 and sent it to him on July 9.

But there was no "reinvestigation" - the next day the conviction was upheld without a single witness being called.

It was possible the other side had come up with a bigger bribe - or that inquiries by New Zealand officials had "stirred things up", Mr King said.

On August 13, Appeals Court president Ly Vuochleng - who was expected to approve the reinvestigation - was arrested over bribery and corruption allegations relating to other cases.

"It's quite possible the appeal failed because the whole corruption thing was exposed after inquiries by New Zealand officials."

Mr King said Cleghorn was adamant he would not buy his way out of prison. "He wants to get out by being proved innocent, not by paying bribes."

The legal team had filed an appeal with the supreme court - but Mr King said they were "fast running out of options".

"You risk throwing good money after bad to get the same result."

Ms Madeley said she was anxious not to say anything that could jeopardise her father's chances.

"It's fantastic that Cambodia is trying to tidy up its judicial system, but where do you start?"

The fight for her father's freedom had so far cost her tens of thousands of dollars in court costs, lawyers' fees, and travel for witnesses and herself. She also paid for her father's daily keep.

"Hope is the only thing he has ... but it's been four years and his witnesses still haven't been heard."

The Foreign Affairs and Trade Ministry said it could not intervene in the judicial processes of another country if it was in accordance with their law.

A spokesman for Foreign Affairs Minister Winston Peters said the minister was aware of the bribery allegations, though had not yet seen details.

"We will be having further discussions with the family about the matter, but it is too early at this point to speculate on what action, if any, might be taken."

Cambodian government heeds call to keep judge at genocide tribunal

Co-investigating judge You Bun Leng, foreground, looks on at a press conference at the court hall of Khmer Rouge Tribunal headquarters in Phnom Penh, Cambodia, on June 13, 2007. Bun Leng, a key Cambodian judge investigating cases against former Khmer Rouge leaders, will continue to serve in his current position, the government announced Friday, Aug. 24, 2007, following an appeal from the United Nations. (AP Photo/Heng Sinith)

August 24, 2007
The Associated Press

PHNOM PENH, Cambodia: A key Cambodian judge investigating cases against former leaders of the brutal Khmer Rouge regime will not leave his current job in the U.N-backed tribunal, the government said Friday.

The announcement was apparently intended to allay fears that the government's recent appointment of You Bun Leng, one of the tribunal's two co-investigating judges, as head of the country's Appeals Court would disrupt efforts to convene long-awaited trials.

The United Nations had appealed to the government on Wednesday not to transfer You Bun Leng away from the trial.

On Friday, the government said You Bun Len's new job was only an additional title and that he would not leave the tribunal.

You Bun Leng's "role and duty as a judge at the Khmer Rouge tribunal should remain as before and ... nothing should obstruct the process of the trial at all," a statement quoted Prime Minister Hun Sen as saying.

After numerous delays, You Bun Leng and his U.N.-appointed counterpart, Marcel Lemonde, recently began investigations of former Khmer Rouge leaders accused of crimes against humanity that caused the deaths of some 1.7 million people in the late 1970s.

The judges have so far indicted one of five suspects, Duch_ or Kaing Guek Eav_ who was the head of the Khmer Rouge's S-21 prison and torture center. The other four have not been publicly named and still remain free in Cambodia.

Describing the government's announcement as "excellent news," Theary Seng, executive director of the nonprofit Cambodian group Center for Social Development, said it "eases concerns about a delay" in the trials if You Bun Leng were to be transferred to the new job.

But Youk Chhang, director of Documentation Center of Cambodia, an independent group researching the Khmer Rouge crimes, said the affair reflected negatively on the supposed independence of the judiciary and shows the government still wields influence on it.

"You Bun Leng should have decided on his own (about the appointment) and set a good example as a judge instead of waiting to be told what to do," Youk Chhang said.

On Thursday, Yash Ghai, a U.N. human rights expert, and Leandro Despouy, a U.N. specialist on the judiciary, said the executive branch of government had usurped the duty of the judiciary in making the appointment, violating the constitution.

However, chief government spokesman Khieu Kanharith dismissed the criticism and accused the U.N. envoys of making a mockery of King Norodom Sihamoni, who approved the appointment.

Hun Sen: You Bunleng will stay at KR Tribunal ... but will hold both postions simultaneously

24/08/2007
Cambodia's PM: tribunal judge will remain

Cambodia's prime minister Hun Sen says a key judge on the UN-backed genocide tribunal would not leave the bench, despite his appointment to serve on the nation's appeals court.

The government had earlier said You Bunleng, one of the investigating judges for the tribunal, had been given a new post as head of the appeals court.

The United Nations voiced concern this transfer would hold up efforts to prosecute Khmer Rouge leaders.

Hun Sen now says the judge will hold both posts simultaneously.

He says nothing will block the process of the trials.

UN Officers Deem Judge Shake-Up Illegal

Prof. Yash Ghai (L) and Leandro Despouy (R)

Sok Khemara, VOA Khmer
Original report from Washington
23 August 2007

"Cambodia's governance rests solely in Hun Sen's hands, to its detriment" - Yash Ghai, UN Special Representative for Human Rights in Cambodia

Two UN officials issued a statement Thursday expressing concern over the independence of Cambodia's judiciary, following the sacking of a judge from her position as chief of the Appeals Court.

Judge Ly Vuochleng was ousted by Royal Decree following allegations of bribe-taking.

"The replacement of the Appeal Court president was done at the request of the executive branch of government in contravention of the separation of executive and judicial powers specified in the constitution," wrote rights envoy Yash Ghai and legal expert Leandro Despouy in a joint statement.

Under Cambodian law, "judges, like all citizens, are entitled to a fair hearing and other guarantees of due process," they wrote.

Ly Vuochleng was replaced by Khmer Rouge tribunal judge You Bunleng, who was also placed on the Supreme council of the Magistracy along with three other new appointments.

You Bunleng's appointment "appears to have been made…at the request of the executive rather than in accordance with the law."

Prime Minister Hun Sen sits at the head of the executive branch, and Ghai has said in the past he controls all the decisions.

Cambodia's governance rests solely in Hun Sen's hands, to its detriment, Ghai has said.

Tribunal observers say the process has been bedeviled by leadership afraid to see government officials who were cadre of the Khmer Rouge face trial, while the judiciary in Cambodia is widely seen as corrupt and politicized.

Ghai and Despouy said they shared general UN concerns that You Bunleng's appointment could further cloud the process.

UN envoys slam Cambodia over genocide judge's transfer [-You Bunleng nomination to the Appeals Court violates the Constitution]

Thursday, August 23, 2007
The Associated Press

PHNOM PENH, Cambodia: Two U.N. envoys accused the Cambodian government on Thursday of interfering with the judiciary by transferring a top judge from the Khmer Rouge genocide tribunal, which they said was a violation of the Constitution.

Yash Ghai, the U.N. secretary general's special representative for human rights in Cambodia, and Leandro Despouy, special rapporteur on the independence of judges and lawyers, made their criticism in a joint statement.

They said the government's move to appoint You Bun Leng, one of two investigating judges at the U.N.-backed genocide tribunal, to head the Appeals Court is casting doubt on judicial independence in Cambodia.

Their criticism came amid mounting concern that You Bun Leng's transfer could also further delay efforts to convene the genocide trial. You Bun Leng has said he will not take up his new post right away to allow for a smooth transition.

The government has said that the new appointment is part of its agenda to reform the judiciary, and is separate from the tribunal.

The U.N. envoys agreed that reform is crucial for Cambodia.

"But it should not be undertaken at the expense of the essential protections ... that enable judges to administer, and be seen to administer, justice efficiently, impartially and fairly, free of political interference," they said.

They charged that the appointment violated the Cambodian Constitution, which states that all judicial appointments, transfers, promotions, suspensions or disciplinary actions are decided by the Supreme Council of Magistracy, the body that oversees conduct of judges.

But the council never met to decide on the appointment, which was approved instead by a royal decree. King Norodom Sihamoni signed the royal decree at the request of Prime Minister Hun Sen, the envoys said.

According to the U.N. officials, that meant that You Bun Leng's appointment "was done at the request of the executive branch of government in contravention of the separation of executive and judicial powers specified in the Constitution."

Chief government spokesman Khieu Kanharith could not be reached for comment.

The envoys' statement followed a recent appeal from the U.N. to the government to reconsider the judge's transfer, saying it could disrupt efforts to convene the long-awaited genocide trials.

After numerous delays, You Bun Leng and Marcel Lemonde, a U.N.-appointed judge, only recently began investigations of former Khmer Rouge leaders accused of crimes against humanity, genocide and other atrocities that resulted in the deaths of some 1.7 million people in the late 1970s.

The judges have so far indicted one of five suspects. Duch, whose real name is Kaing Guek Eav, headed the former Khmer Rouge S-21 prison. The other four have not been publicly named and remain free in Cambodia.

UN Urges Cambodia to Re-Think Judge's Appointment

Heng Reaksmey, VOA Khmer
Original report from Washington
22 August 2007

The UN appealed to Cambodian authorities Wednesday to reconsider appointing tribunal judge You Bunleng to head the national Court of Appeals.

The world body "invited the Cambodian authorities to consider keeping Judge You Bunleng in his current function" and was awaiting a reply, UN tribunal spokesman Peter Foster said in a statement Wednesday.

The UN is concerned the appointment of the judge, who in the tribunal process is responsible for determining which suspects see trial, could undermine the tribunal.

Cambodian authorities, however, say he is needed to help shore up the judiciary; he is replacing judge Ly Vuochleng, who was sacked earlier this month over bribery allegations.

You Bunleng declined comment Wednesday.

However, both national and international judges have dual roles in different positions, said Cambodian tribunal spokesman Reach Sambath.

"Both sides are studying and considering the work showing that justice will prevail in a short time and no proceedings will be interrupted," he said. "One thing we can specify is that both Cambodia and the UN have the same will, that is they want the procedure to go forward, and consider the interests of the victims as important."

Keeping You Bunleng in two positions could work, but the Khmer Rouge trials should remain a priority, a tribunal expert said.

"The solution may be that both sides should talk and find a solution now, and prepare something to guarantee there will be no delay," Cambodia Justice Initiative observer Long Panhavuth said. "The best thing is for Mr. You Bunleng to have two positions, but he must give his priority and most of the time of his work for the Khmer Rouge tribunal."

UN urges Cambodia re-think on KRouge judge

PHNOM PENH (AFP) - The United Nations Wednesday urged Cambodia not to transfer a key judge away from the country's genocide trials amid concerns his departure could delay efforts to try former Khmer Rouge leaders.

You Bunleng, one of the court's co-investigating judges, was appointed head of Cambodia's Appeal Court last week, forcing him to quit the UN-backed tribunal intended to prosecute one of the 20th century's worst atrocities.

He had been seen as crucial to determining which suspects will go to trial.

The UN "invited the Cambodian authorities to consider keeping Judge You Bunleng in his current function," said a statement from the world body's tribunal spokesman Peter Foster.

"The United Nations is now awaiting a response from the Cambodian authorities."

You Bunleng refused to comment Wednesday on his transfer, but foreign diplomats see the move as a bid by Cambodia to shore up its ailing judiciary -- a key demand of the impoverished country's international donors.

He will replace Appeal Court head Ly Vuoch Leng, who was dismissed over bribery allegations.

You Bunleng's departure comes at a crucial time during which he and his international counterpart, Marcel Lemonde of France, were investigating the first cases filed by prosecutors over the 1975-1979 regime.

Up to two million people died of starvation and overwork or were executed under the Khmer Rouge, which abolished religion, schools and currency, exiling millions to vast collective farms with the aim of creating an agrarian utopia.

UN 'Concerned' Over Tribunal Judge's Appointment

Head of national Appeals Court judge, You Bun Leng of Cambodia, center, talks with Marcel Lemonde of France, right, inside the court hall of Khmer Rouge Tribunal headquarters in Phnom Penh.

Sok Khemara, VOA Khmer
Original report from Washington
20 August 2007

The UN said in a statement Monday it was concerned over the appointment of Khmer Rouge tribunal investigating judge You Bunleng to head the national Appeals Court, following an official swearing in last week.

You Bunleng was selected to replace a judge ousted on allegations of bribe-taking. His appointment to the position was made in a Royal Decree dated Aug. 9. You Bunleng has said he will try to work at both positions, but tribunal experts worry this will weaken the effectiveness of the tribunal.

The UN said in a statement released Monday but dated Friday it was "concerned about the impact of the Royal Decree on the perceived independence" of the tribunal.

The UN also said the promotion was a potential threat to the efficiency of the tribunal proceedings.

"Further clarification is now being sought from the Cambodian authorities," the UN statement said.

CAMBODIA: Judge transfer raises fears of Khmer Rouge trial delay

20/08/2007
Australian Broadcasting Corporation

In Cambodia, one of the judges presiding over the trial of the former Khmer Rouge leaders has been appointed president of the country's court of appeals.

The appointment means that judge You Bunleng has to resign from his position with the Khmer Rouge tribunal.

Observers and human rights groups fear this development could delay justice for the victims of human rights abuses during the Khmer rouge era.

Radio Australia's Girish Sawlani reports that Judge You Bunleng was sworn in on Thursday as president of Cambodia's Court of Appeal and at the same time, inducted as a member of the Supreme Council of the Magistracy.

Speaking on Radio Australia's Connect Asia program, Dr. Helen Jarvis, the chief of public affairs of the Extraordinary Chambers in the Courts of Cambodia, says the abrupt appointment was a matter of great urgency.

"Cambodia has newly promulgated codes of civil procedure and criminal procedure and he was selected in an emergency situation where the president of the appeals court was vacated.

"It was decided that he would be the best person to fulfill the role in this difficult situation, and he believes that he can effect an ordely transition that would not impede the work of the extraordinary chambers," she says.

However, human rights activists in Cambodia are afraid that this development will further delay the trials against former the Khmer Rouge leaders who were responsible for the death's of up to two million people.

One such activist is Kek Galabru, the Director of Licahdo, the Cambodian League for the Promotion and Defence of Human Rights, who has been following the developments.

"If he leaves the Khmer Rouge tribunal, we are afraid that the (tribunal) process will be delayed," he says.

Like many other Cambodians affected by the atrocities committed by the Khmer Rouge, Kek Galabru says that it is imperative that the remaining perpetrators be brought to justice and receive the appropriate punishments.

"Almost all Cambodian people are victims of this Khmer Rouge period.

"So all of us would like to see justice. Can you imagine a group of people were responsible for almost two million deaths and no one has been prosecuted.

"We cannot accept that," he says.

Tribunal Judge Walking a Fine Line With Two Hats, Groups Worry

You Bun Leng (L) receives his Appeals Court chief seal from Dith Munty (M), and Ly Vuoch Leng (R) during the transfer ceremony (Photo: Chamnab, Koh Santepheap newspaper)

Mean Veasna, VOA Khmer
Original report from Phnom Penh
17 August 2007

Tribunal investigating judge You Bunleng was sworn in as the chief of Appeal's Court Thursday, in an official ceremony that observers worry could further scramble the trials of former Khmer Rouge leaders.

As a co-investigator with French judge Marcel Lemonde, You Bunleng occupies a critical position in the special tribunal courts. And now, as Appeals Court chief, he will occupy a critical position within Cambodia's everyday judiciary, a system roundly criticized for corruption and nagging failures to deliver justice.

The two hats put the judge on course to walk a thin line, groups said this week.

You Bunleng replaced an Appeals Court judge ousted after allegations the judge took bribes to exonerate two men found guilty in lower courts on sex crimes.

Cambodian officials said the change of judges was a necessary reform. However, civic groups said the replacement of the Appeals Court chief may amount to another obstacle for the tribunal.

You Bunleng was needed in the Appeals Court and was requested by the Committee to Reform the Judicial System, Minister of Justice Ang Vong Vatana said.

Hisham Mousar, a legal expert who monitors the tribunal for the rights group Adhoc, said the move showed an effort to fight corruption in the judiciary, but it would also create obstacles for the tribunal.

"We undertand the Cambodian government has many worries in reforming the Appeals Court," he said. "But this [appointment] is bad for the independence, justice and international standards of the tribunal. This is a serious problem."

You Bunleng has said he will stay with the tribunal for as long as it needs him.

Hisham Mousar said it was likely he would leave, creating another deadlock in the tribunal process.

The UN, which is sponsoring the trial and providing many of its jurists, said in a statement officials of the world body were concerned over You Bunleng's appointment, especially its threat to "the perceived independence" of the tribunal.

A group of civic organizations is worried You Bunleng's dual roles will he harmful to the tribunal, or that his leaving might delay it further, said Kek Galabru, founder of the rights group Licadho.

"We are worried that he could leave the ECCC, and that's going to slow everything down," she said, refering to the tribunal by its official initials.

Youk Chhang, director of the Documentation Center of Cambodia, called the appointment a "political problem" and urged You Bunleng to decide between posts.

Tribunal spokesman Reach Sambath, however, said You Bunleng should consider the additional duty "an honor."

Cambodian Tribunal Investigator Handed Appeals Court Job

Reaksmey Heng, VOA Khmer
Phnom Penh
16 August 2007

The Cambodian investigating judge for the Khmer Rouge tribunal has been appointed to the top position in the Appeals Court, creating a potential snag in the proceedings to try former leaders of the regime.

Skeptics say You Bunleng will not be able to fulfill roles in both the Appeals and special tribunal courts.

In a statement issued Thursday, You Bunleng said he was honored by his "recent promotion" and that he would continue to serve the Extraordinary Chambers in the Courts of Cambodia, the official name of the tribunal.

"As long as the ECCC considers my presence to be essential, it is my duty to continue," You Bunleng said.

The Appeals Court position opened earlier this week when its former head, Ly Vuochleng, was ousted following allegations of corruption. She herself is being investigated by authorities for allegedly taking bribes to release two men convicted by lower courts of sex trafficking.

The Appeals Court chief occupies a prestigious position with more job security.

You Bunleng said he would use the posting to continue improving Cambodia's judicial system.

"The Appeals Court, which is one of the highest courts in Cambodia, is charged with the important duty of ensuring uniformity in interpreting and enforcing [Cambodian] laws," he said in his statement. "My experience, particularly from the ECCC, will enable me to help reform and strengthen the judicial process and the enforcement of the rule of law in Cambodia, which is a long-term national priority."

Cambodian genocide judge to stay on at his job despite new appointment

Thursday, August 16, 2007
The Associated Press

PHNOM PENH, Cambodia: A Cambodian judge said Thursday his recent appointment as head of the country's Appeals Court will not prevent him from taking part in a much-delayed U.N.-backed genocide tribunal.

You Bun Leng, one of the tribunal's two co-investigating judges, said he is not taking up his new post right away to avoid "interruption or delay in the process" of investigating cases against former Khmer Rouge leaders.

"I will continue my mission at the (tribunal) until such time as an appropriate and smooth transition can be made," he said in a statement received Thursday.

The United Nations, however, said in a statement Thursday that it remains concerned about the impact of You Bun Leng's appointment "on the efficiency of the proceedings" currently before the tribunal and on its "perceived independence."

The statement said the U.N. is seeking further clarification on the matter from the Cambodian authorities.

You Bun Leng's new appointment has also prompted observers to fear of a further delay in the trial of former Khmer Rouge leaders.

After countless delays, You Bun Leng and Marcel Lemonde, the U.N.-appointed co-investigating judge, have only recently initiated investigations into former Khmer Rouge leaders accused of crimes against humanity, genocide and other atrocities that caused the death of some 1.7 million people in the late 1970s.

The judges have so far indicted one of five suspects recommended by prosecutors. Duch, whose real name is Kaing Guek Eav, headed the former Khmer Rouge S-21 prison. The other four have not been publicly named and still remain free in Cambodia.

The tribunal was established last year following many years of negotiations between Cambodia and the United Nations. Disagreements about tribunal rules had kept the judges' investigations from being launched until last month.

Trials are expected to take place next year.

Cambodia's New Appeals Court President sworn in

August 16, 2007

You Bun Leng was sworn in as Cambodia's new president of the Appeals Court on Thursday.

"This new position will allow me to have a critical role in reforming the legal and justice system in the exercises of new laws as well as civil and penal procedure codes which were recently passed by the National Assembly," said You Bun Leng.

He made these remarks at his swearing-in ceremony presided by head of the Supreme Court Dith Monti and attended by Justice Minister Ang Vong Vathana and former head of the Appeals Court Ly Vouch Leng.

"According to my experience as co-investigating judge at the Extraordinary Chamber in the Courts of Cambodia (ECCC) and judge of the Appeals Court, I can have more ability to join the reform of the legal and justice system which is the endurable priority of the country," he said.

At the same time, "my task as national co-investigating judge at ECCC is extremely important for my country and for humanity as a whole," he said.

"As long as ECCC considers my presence to be essential, it is my duty to continue, ensuring there is no interruption or delay in the process," he added.

Meanwhile, Ang Vong Vathana said at the ceremony that reform of the legal and justice system is one of Cambodian government's priorities to govern this country and ensure rule of law and equity of justice.

In accordance with the Cambodian law, You Bun Leng automatically became a member of the Supreme Council of the Magistracy which is headed by the king.

Ly Vouch Leng was replaced by You Bun Leng according to a royal decree signed by King Norodom Sihamoni on Aug. 9. The former one was reportedly involved in a scandal of receiving bribe in exchange for release of sentenced prisoners.

Source: Xinhua

Cambodian president of Appeals Court swears to deal with corruption

August 16, 2007

When You Bun Leng was sworn in as new President of the Appeals Court in Cambodia on Thursday, the local media reported that a corruption scandal knocked down the old one and will also victimize some of her colleagues.

"This new position will allow me to have a critical role in reforming the legal and justice system in the exercises of new laws as well as civil and penal procedure codes which were recently passed by the National Assembly," You Bun Leng said.

He made the remarks at his swearing-in ceremony presided by head of the Supreme Court Dith Monti and attended by Justice Minister Ang Vong Vathana and former head of the Appeals Court Ly Vouch Leng.

"According to my experience as co-investigating judge at the Extraordinary Chamber in the Courts of Cambodia (ECCC) and judge of the Appeals Court, I have more ability to join the reform of the legal and justice system which is the endurable priority of the country," he added.

Meanwhile, Ang Vong Vathana said at the ceremony that reform of the legal and justice system is one of Cambodian government's priorities to govern this country and ensure rule of law and equity of justice.

Ly Vouch Leng was replaced by You Bun Leng according to a royal decree signed by King Norodom Sihamoni on Aug. 9 in response to requests from Prime Minister Hun Sen and Ang Vong Vattana, reported Cambodian-language newspaper the Kampuchea Thmey.

The removal was made due to the court officials' intention to receive bribe in return for the release of hotel owner Te Pou Ly and manager Som Leng, who were sentenced in early 2006 respectively to five years and four years in jail on human trafficking charges, local media said on Sunday.

Ly Vouch Leng will receive a new position at Ministry of Justice, while other Appeals Court officials may face jail terms if further investigation find them guilty, according to Ang Vong Vathana.

Meanwhile on Sunday, Hun Sen also confirmed that the Appeals Court officials would be further investigated for they irregularly released the two prisoners of the human trafficking case at the Chhay Hour Hotel.

"The Appeals Court officials will face more investigation as two prisoners were sentenced into jail by the Phnom Penh Municipal Court but was later released by them," Hun Sen told a seminar of legal affairs which was joined by diplomats and senior governmental officials.

Police from the Interior Ministry found that Chhon Pouch, 63 and Te Pou Ly's father, once pledged to bribe 120,000 U.S. dollars to the Appeals Court officials, with 30,000 U.S. dollars for Ly Vouch Leng, for the release of the two men.

The Phnom Penh Municipal Court has detained Chhon Pouch and charged him with bribery.

Source: Xinhua

You Bunleng claims his departure won't slow KR Trial

Cambodia trials won't be slowed

August 16, 2007
AFP

A CAMBODIAN judge vowed that his departure from the country's genocide trials would not disrupt the UN-backed court's effort to try former Khmer Rouge leaders.

You Bunleng is one of the court's co-investigating judges, making him key to determining which suspects will go to trial.

But he was abruptly appointed head of Cambodia's Appeal Court last week, after its former president was sacked over bribery allegations.

The move will force him to resign from the tribunal, and raises fears of further delays in trying to prosecute one of the 20th century's worst atrocities.

You Bunleng, in his first public statement since his appointment, said it was his duty to ensure "there is no interruption or delay in the process."

He had earlier told media that he would continue working at the tribunal until a reserve judge is familiar enough with the cases currently under investigation to take over the post.

On Thursday, he said he had begun working with his staff and international counterpart, French judge Marcel Lemonde, "to reach a mutually acceptable and constructive solution that does not disrupt our work."

But his departure comes at a crucial time during which he and Lemonde are investigating the first cases filed by prosecutors.

After months of delay, the pair in July began reviewing charges against five former leaders of the brutal 1975-79 regime.

Only one of the five -- former prison chief Duch, whose real name is Kaing Guek Eav -- has been publicly named and detained by the tribunal.

Up to two million people died of starvation and overwork, or were executed under the Khmer Rouge, which abolished religion, schools and currency, exiling millions to vast collective farms with the aim of creating an agrarian utopia.

Khmer Rouge leader Pol Pot died in 1998.

So far no other top cadres have been brought to justice amid accusations that Cambodia's leaders have sought to stall the trials for fear of exposing the roles of other former Khmer Rouge now serving in the country's government.

The three-year tribunal got under way last year after a decade of often contentious negotiations between Cambodia and the United Nations.

Appeals Court Shake-Up Worries Tribunal Watchers

Ly Vuoch Leng (L) and You Bun Leng (R)

Mean Veasna, VOA Khmer
Original report from Phnom Penh
14 August 2007

The sacking of the head of Cambodia's Court of Appeals could further delay Khmer Rouge tribunal trials, if her replacement is one of the special court's judges, observers warned Tuesday.

The head judge in the Appeals Court, Ly Vuochleng, could be replaced by You Bunleng, one of two investigating judges for the tribunal.

If he took the post—one with more job security—You Bunleng would not likely be able to hold down both jobs, the Associated Press reported Tuesday.

The Cambodia Daily reported Tuesday You Bunleng was warmly received by judges recently who called him "Mr. Appeals Court Director."

Ly Vuochleng, the only Cambodian woman serving as a top-ranking judge and a member of the Supreme Council of Magistracy, was removed from her post last week following allegations she took bribes for the release of two men found guilty, in lower courts, of sex trafficking.

She is under investigation at the Phnom Penh Municipal Court, officials said.

Ministry of Interior spokesman Khieu Sopheak said he had sent evidence to the Phnom Penh Municipal court as it builds a case against Ly Vuochleng.

The Ministry of Interior has enough witnesses to back up the case, he said. "All those reports sent by the ministry have reached the court system.

All the witnesses were cited in previous investigative reports," he said.

Ly Vuochleng has not yet been charged under the courts, but Justice Minister Ang Vong Vatana said she could be, if investigators build a strong enough case. The case was ongoing, he said.

Prime Minister Hun Sen removed Ly Vuochleng from he position by a decree, dated Aug. 9, after he criticized her for freeing two alleged sex traffickers: Por Ly, owner of the Chhay Huor II Hotel, and a second man, the hotel manager.

You Bunleng leaves the KR Tribunal to join the more lucrative and corrupt Appeals Court

Key Cambodian judge leaves UN court

14/08/2007
Australian Broadcasting Corporation

A key Cambodian judge is to leave the country's UN-backed court set up to try Khmer Rouge leaders.

You Bunleng, one of two co-investigating judges appointed to the tribunal, has been assigned to head Cambodia's Appeal Court, whose former president was fired over a bribery scandal.

The AFP newsagency says the moves comes at a crucial time during which he and his counterpart, French judge Marcel Lemonde, are investigating the first cases filed by prosecutors.

After months of delay, the pair in July began reviewing charges against five former leaders of the brutal 1975-79 regime.

Only one of the five suspects -- former prison chief Duch, whose real name is Kaing Guek Eav -- has been publicly named and detained by the tribunal.

Judge Lemonde told the newsagency that international jurists are asking the Cambodians to clarify what You Bunleng's appointment to the Appeal Court meant for future tribunal staffing.

He says he won't comment on this issue until this clarification is made.

Hun Sen: The Chhay Hour II Affair is not over yet

Tuesday, August 14, 2007
Everyday.com.kh
Translated from Khmer by Socheata

Prime minister Hun Sen declared on Monday morning, during the occasion of the announcement for the new criminal code in Phnom Penh, that the Chhay Hour II case is not over yet following the revelation of bribery in exchange for the release of criminals by the Appeals Court. Hun Sen said that this affair is a very hot issue involving human trafficking therefore it should be considered a criminal case and those who are involved should be sent to jail. Hun Sen also said that the court must not rule like it did in the Chhay Hour II case. Hun Sen added that now some information are known and the Chhay Hour II affair is not over yet, it will move forward because how could the municipal court sentence the accused but the Appeals Court released the accused instead, Hun Sen said that the involvement behind this case is now revealed. According to an investigation on the Appeals Court, it was learnt that the release of Te Pao Ly, the owner of the Chhay Hour II hotel, was done because Chhun Poch, Te Pao Ly’s 63-year-old father, bribed the Appeals Court $30,000. Regarding the Long Chhin Resorts company which filled in the Kob Sorv Lake to build houses, Hun Sen said: “What so important about the Long Chhin case which filled in a huge areas of the lake, I will deal with him with a strong fist, now take the landfill out of the lake.”