Showing posts with label Bad ECCC document translation. Show all posts
Showing posts with label Bad ECCC document translation. Show all posts

Friday, December 05, 2008

Disorder in the court as hearing ends in disarray

Friday, 05 December 2008
Written by Georgia Wilkins
The Phnom Penh Post


Defence lawyers challenge prosecutors to informal debate

FORMER Khmer Rouge head of state Khieu Samphan told judges at the Khmer Rouge tribunal Thursday that he did "not understand" why he was standing trial for crimes against humanity during an appeals hearing that ended in disarray, as defence lawyers argued heatedly with visibly upset victims outside the courtroom.

"I have always worked on the side of my country," the frail-looking septuagenarian told judges. "I don't understand why I am being charged with crimes against humanity."

Co-lawyers Jacques Verges and Sa Sovan, who profess to speak only Khmer and French, were appealing an earlier court decision that denied full translation of their client's case file to French, claiming it prevented a fair trial.

"There are 60,000 documents in this case, and so far only 2.5 percent have been translated into French," Verges told the court. "The UN secretary general agreed with me that all documents need to be translated into the three working languages, but perhaps the president of the tribunal would like to tell the UN to get a new secretary general?"

Co-prosecutors argued it was only necessary for the accused person to understand the documents, not his lawyers, suggesting that Khieu Samphan could get a different counsel.

"The prosecution is mocking me," retorted Verges, who has made a career of defending some of history's most notorious criminals, including Nazi Klaus Barbie.

Khieu Samphan told the court he was sick and unable to think clearly, claiming that "if my counsel had been able to understand these documents, then my detention might not have been extended". A ruling is expected at a later date.

At a press conference after the hearing, Verges and Sa Sovan invited the co-prosecutors to participate in a debate outside the court, leading to a bitter row between Sa Sovan and angered victims in the crowd.

"You, co-lawyer, you speak too much. Why not let the victims speak too? We are here but cannot speak," one woman shouted. "My parents were killed during the Khmer Rouge regime. How can you ... say he did not kill people?"

Sa Sovan replied that his mother had also died under the regime, as he and Verges left the room escorted by court officials.

"We don't want a trial through the media," co-prosecutor William Smith told reporters after the incident, adding there were only 3,000 documents still to translate.

Sacrava's Political Cartoon: ECCC's Translation Fee

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

Khieu Samphan Renews Translation Demand

Jacques Verges, French defense attorney for Khieu Samphan, is arguing for the translation of thousands of documents before a trial.

By Kong Sothanarith, VOA Khmer
Phnom Penh
04 December 2008



The Pre-Trial Chamber of the Khmer Rouge tribunal held a second hearing for jailed regime leader Khieu Samphan Thursday, as attorney Jacques Verges maintained he could not defend his client without the translation into French of tens of thousands of document pages.

Verges, renowned for showmanship in the defense of notorious figures, said French funding for the tribunal should have been used for translations, which have already delayed proceedings against Khieu Samphan since his first hearing, in April.

Tribunal prosecutors said Thursday 2.5 percent of the documents had been translated into French and 5 percent in English, arguing this was enough.

Verges said he opposed the argument completely, because “we don’t know how many documents represent the percentage.”

Khieu Samphan, now 77, faces charges of crimes against humanity and war crimes for his role as the nominal head of Democratic Kampuchea. The aging leader told the court Thursday that if the documents in his case were translated, his lawyers would have “enough understanding” to have him acquitted.

I believe that I would not be found guilty,” he said. “I would not be detained like nowadays.”

Cambodian tribunal prosecutor Chea Leang said the courts could not translate all the documents because of restrictions to time and budget, an argument Verges dismissed.

“We have been told that it is due to a question of money,” he said. “And I say this is a shame, because it is the life of one person, and his honor. Then, we have been told that they don’t have enough money to assume that which is necessary, but they mock everybody. France contributed $5 million, and we have been told that they don’t have money to translate.”

Cambodian defense lawyer Sar Sovann said Thursday that if all the documents are not translated, his client will be denied justice.

The defense team said 60,000 pages must now be translated, a bump in the original 16,000 pages originally requested. That request, made in Khieu Samphan’s pre-trial detention hearing in April, has so far prevented further movement in the case.

International prosecutor William Smith said the total number of documents in the case of Khieu Samphan was only 3,000.

Chea Leang asked the court to maintain its stance, that no further translation was necessary for proceedings to continue.

“The international standard of the court does not oblige translation,” she said.

Pre-trial judges made no decision on the translation question Thursday.

Meanwhile, civil parties were not allowed to make a comment during the hearing, having failed to submit a brief to judges ahead of the hearing, Prak Kimsan, head judge of the Pre-Trial Chamber, said.

Representatives of the civil parties said after the hearing Thursday they were concerned with the time delays, corruption allegations and lack of information coming from the courts.

KRouge leader demands release because of missing translation

Thursday, December 04, 2008

PHNOM PENH (AFP) — Former Khmer Rouge leader Khieu Samphan demanded his release by Cambodia's UN-backed genocide tribunal Thursday on the grounds that his file has not been translated into French for his lawyers.

Khieu Samphan, 77, spoke in a hoarse voice after hearing arguments between prosecutors and his defence team, which includes famed French lawyer Jacques Verges and Cambodian lawyer Sa Sovan, and prosecutors.

The genocidal regime's former head of state and his lawyers argued that in the absence of the translation of the documents into French -- one of the court's three official languages -- Khieu Samphan would not have a fair trial.

"When my lawyers fully understand the documents, I am confident that as I have no guilt at all I would not have been detained up to now," he told the court, wearing a dark grey and blue collared shirt and standing in the dock.

Verges, who has defended some of the world's most infamous figures including Nazi war criminal Klaus Barbie and Venezuelan terrorist "Carlos the Jackal", said only 2.5 percent of the 60,000-page case file had been translated.

"The documents I was referring to are almost completely in Khmer and only a small portion has been translated," he said, warning that "a tremendous task is still ahead."

But prosecutors argued that the appeal was inadmissible because the court's governing laws do not provide for appeals relating to the issue of translation.

They asked Khieu Samphan's lawyers to cooperate, saying that the Khmer Rouge figure himself can understand them and that only a fraction of the documents were substantial.

Verges responded, saying that the prosecution "are mocking us... it is a joke.... We need to see documents in French."

Judges said they would rule on the matter at a later date.

Khieu Samphan was detained by the court in November last year on charges of war crimes and crimes against humanity under the Khmer Rouge's brutal 1975-1979 regime.

He went before the court for the first time in April to appeal against his pre-trial detention.

But the judges adjourned the hearing and warned Verges over his behaviour after he said he was unable to act for his client because court documents had not been translated.

A fierce anti-colonialist, Verges, who was born in Thailand, reportedly befriended Khieu Samphan and other future Khmer Rouge leaders while at university in Paris in the 1950s.

Khieu Samphan is one of five Khmer Rouge leaders who have been detained by the court for their alleged roles in the regime.

Up to two million people are believed to have been executed or died of starvation and overwork as the communist regime emptied Cambodia's cities, exiling millions to vast collective farms in a bid to forge an agrarian utopia.

Cambodia's genocide tribunal convened in 2006 after nearly a decade of haggling between the government and the United Nations.

Sunday, May 18, 2008

Is Ieng Thirith going crazy?

Ieng Thirith
Friday, 16 May 2008
Written by Cat Barton and Thet Sambath
The Phnom Penh Post

Former Khmer Rouge official Ieng Thirith’s deteriorating mental health threatens to disrupt an upcoming hearing before the ECCC, a lawyer for the regime’s former social affairs minister said, adding that he hopes an insanity plea will free his client from pre-trial detention.

Attorney Path Pov Seang told the Post on May 14 that he had Thai-language medical documents that clearly showed his client was not mentally able to appear in court.

Both Thirith and her husband, former Khmer Rouge foreign minister Ieng Sary, traveled frequently to Thailand for medical treatment before their arrest in November.

“If judges follow the law I hope [she will be released]. They can’t imprison a mentally ill person,” he said.

“I am worried that she will shout during hearing if she does not agree with something – I’ve told her, ‘Please do not shout during the hearing because you do not benefit from it and I am your lawyer, I will help defend you,’” he added.

Thirith is expected to appear before the UN-backed Khmer Rouge tribunal on May 21 to plead for her freedom pending trial.

Family members who have visited her in court have also said Thirith is ill and should be released.

“She is sick therefore it is not easy for her to stay there,” said Seng Rorn, Thirith’s son-in-law. “It is the work of lawyer and judges to decide [if she will be released on bail] but she is a sick person.”

The likely insanity plea is the latest maneuver by defense lawyers, who in April halted proceedings during a detention hearing for Khieu Samphan, the former Khmer Rouge head of state, with a protest over the lack of translated documents.

At the time, Samphan’s French lawyer, the famed “Devil’s Advocate” Jacques Verges, demanded that thousands of pages of documents related to his client’s case be translated into French, one of the three languages used by the court.

This interruption has underscored the massive backlog of documents in need of translating, and more damagingly, the court’s inability to do so, according to Andre Sirois, an attorney-at-law and professional legal translator working at the ECCC.

One can only be extremely worried at the sorry state of legal translation, and the translation and interpretation in general, at ECCC,” Sirois said in an undated memo to Michelle Lee, the UN’s top administrator at the court which was obtained by the Post on May 2.

The memo goes on to outline the court’s total lack of qualified legal translators, claiming that the tribunal’s French language website is riddled with errors which were “seriously damaging the image and credibility of the ECCC and its officers at least among the French speaking State Members of the UN.”

Documents are often so-badly translated that they should not be used in court, the memo states, saying, “The result is abysmal.”

Tribunal officials have acknowledged a translation backlog, but the court is seeking nearly $114 million in additional funds to greatly expand its ability to translate documents, they say.