Meas Muth requests counsel in Khmer Rouge court

Former Khmer Rouge naval commander Meas Muth speaks to reporters from the Post in 2009. Photograph: Heng Chivoan/Phnom Penh Post

Thursday, 16 August 2012
Stuart White
The Phnom Penh Post

“It all depends on what happens when Harmon gets here, whether he decides to validate the findings of [stymied reserve co-investigating Judge Laurent] Kasper-Ansermet and starts a dispute – a legal dispute – with the national counsel and re-opens an investigation”

Meas Muth, former commander of the Khmer Rouge navy and a reported suspect in the tribunal’s Case 003, has formally requested legal counsel from the court, his newly appointed attorney said yesterday.

Ang Udom, who also represents Ieng Sary in Case 002, confirmed that he had accepted his appointment to represent Meas Muth, but declined to comment on the particulars of the case.

Meas Sophors, 24, Meas Muth’s son, acknowledged that his father has sought legal counsel, but said that he still trusts that government opposition to the controversial cases 003 and 004 will keep his father from court.

“To me, I still believe in the government, which said there will be no Case 003 or 004, which might include my father,” Sophors told the Post. “In the future, if my father is arrested [by the tribunal], we will have nothing to bargain. My father is ready for that; he is ready to co-operate with the court. He will not escape.”

New Judge Has Chance to Improve Tribunal’s Legacy, Monitor Says

Mark Harmon (R) (Photo: AFP)

At stake in cases 003 and 004 are the potential indictments of five more Khmer Rouge cadre.

Sok Khemara, VOA Khmer

04 August 2012

WASHINGTON DC - Observers of the Khmer Rouge tribunal say they fear the UN-backed court is not going to be able to complete its work, leaving a failed legacy in the face of government opposition to two more cases.

Latt Ky, a monitor for the rights group Adhoc, said he is concerned with the slow pace of progress in cases 003 and 004, which would require five more arrests and indictments, but the recent UN nomination of an investigating judge could signal continued interest in their pursuit.

“I hope the UN will not leave these cases half way, because if they leave them half way, it’s a failed model for other criminal courts,” he said.

The tribunal, which stood up in 2006, has weathered continued funding woes, allegations of corruption and mismanagement and controversy over government interference.

New judges at the KRT will face the same challenges as their predecessors who resigned

ចៅក្រម​ថ្មី​នៃសាលាក្តី​ខ្មែរក្រហម​នឹង​ប្រឈម​មុខ​ឧបសគ្គ​ដូច​ចៅក្រម​លាឈប់​

03.08.2012
by សុខ ខេមរា វី អូ​ អេ ខ្មែរ
(VOA Khmer)

Synopsis: Political analysts indicated that the same obstacles remain at the KR Tribunal in addition to opposition by the government, this in spite of nominations of new judges at the court. US Co-Investigation Judge Mark Harmon and reserved French Co-Investigation Judge Olivier Beauvallet were nominated in view of pursuing Cases 003 and 004 which the government opposes. Analysts have an array of questions for the new judges, as well as the legal aspect surrounding these cases. One question that comes up is the independence of the Co-Investigation Judge and political interference. Nushin Sarkati of the OSJI, an observer of the KRT, said that investigation into the additional cases must be conducted without government pressure in order to clear out the doubts and the perception of lack of independence of the KRT that linger among the victims and the public.

​​
វ៉ាស៊ីនតោន​៖ ក្រុមអ្នក​វិភាគ​នយោបាយ​បាន​បង្ហាញ​ពីឧបសគ្គ​ស្រដៀងគ្នា​ចំពោះ​ដំណើរការ​សំណុំ រឿង​ខ្មែរក្រហម​បន្ថែម​ដែល​រដ្ឋាភិបាល​ជំទាស់​ ទោះបីជា​សហចៅក្រម​ស៊ើបអង្កេត​ ត្រូវ​តែងតាំង​រួច​ហើយក្តី។​

សហ​ចៅក្រម​ស៊ើបអង្កេត​ជនជាតិ​អាមេរិក​លោក​ ម៉ាក ហាម៉ុន ​(Mark Harmon ) និង​លោក​សហ​ចៅក្រម​ស៊ើបអង្កេតបម្រុង​ជាជន​ជាតិ​បារាំង​ អូលីវីយេ បូវ៉ាឡេត​ (Olivier Beauvallet )​ ត្រូវ​បាន​តែងតាំង​ក្នុង​គោលបំណង​បន្ត​ការ​ស៊ើបអង្កេត​សំណុំ​រឿង​០០៣​ និង០០៤​ដែល​រដ្ឋាភិបាល​បាន​ជំទាស់​នោះ។​ តែ​ក្រុម​អ្នកវិភាគ​បាន​ដាក់​សំណួរ​ជាច្រើន​សម្រាប់​សហ​ចៅក្រមថ្មី​ និង​សំណួរ​អំពី​ដំណើរការ​នីតិវិធី​នេះ​ ដោយ​បាន​និយាយ​ពី​ឧបសគ្គ​មួយ​ចំនួន​ទាក់ទង​នឹង​ឯករាជ្យភាព​របស់​ចៅក្រម​ក្នុង​ការ​ស៊ើបអង្កេត​ និង​ការ​ជ្រៀតជ្រែក​ផ្នែក​នយោបាយ។​

លោកស្រី​ នូស៊ីន ​សាការ៉ាទី ​(Nushin Sarkarati)​ ជំនួយ​ការ​ផ្នែកច្បាប់​នៃអង្គការ​ ច្បាប់​របស់​ស.រ.អា.​មួយ​ឈ្មោះ​ថា​ មជ្ឈមណ្ឌល​សម្រាប់​យុត្តិធម៌​និង​ការទទួល​ ខុសត្រូវ​ដែល​ឃ្លាំមើល​ដំណើរការ​សាលាក្តី​ខ្មែរក្រហម​បាន​ថ្លែង​ថា​​ ការ​ស៊ើប អង្កេត​សំណុំ​រឿង​បន្ថែម​ត្រូវតែ​ធ្វើ​ឡើង​ដោយ​គ្មាន​សម្ពាធ​នយោបាយ​ពី រដ្ឋាភិបាល​ដើម្បី​ជម្រះ​មន្ទិល​សង្ស័យ​របស់​ជនរងគ្រោះ​ និង​សាធារណជន​ ដែល​មើល​ឃើញ​ថា​ សាលាក្តីនេះ​មិន​ឯករាជ្យ។​

CCHR Media Comment - Now or Never for the UN as the ECCC appoints new Internatio​nal Co-Investi​gating Judge Mark Harmon

https://www.box.com/s/88979222c9ebbe1e5464


https://www.box.com/s/0a84513667360d93bcb1

New US judge to probe controversial KRouge cases

Mark Brian Harmon (Photo: ECCC)

30 July 2012
ANP/AFP

Cambodia's UN-backed war crimes court on Monday said it had appointed a US judge to probe two new Khmer Rouge cases strongly opposed by the government, after two predecessors resigned in protest.

Cambodia has approved the UN decision to hire Mark Harmon, the court said in a statement, in stark contrast to the previous judge who held the role but was never recognised by Phnom Penh.

Harmon is a former US federal prosecutor and also served as a senior prosecutor at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague for 17 years.

He will be the third foreign judge in less than a year to attempt to investigate two politically sensitive new cases linked to the brutal 1975-1979 regime, when up to two million people died.

New US judge for Khmer Rouge cases

July 30, 2012
From: AAP

CAMBODIA'S war crimes court, backed by the United Nations, has appointed a US judge to investigate two new Khmer Rouge cases strongly opposed by the government, after two predecessors resigned in protest.

The Cambodian government has approved the UN decision to hire Mark Harmon, who was regarded in stark contrast to the previous judge who held the role but was never recognised by Phnom Penh, the court said in a statement on Monday,

Harmon is a former US federal prosecutor and also served in a senior capacity at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague for 17 years.

He will be the third foreign judge in less than a year to attempt to investigate two politically sensitive new cases linked to the brutal regime which ruled between 1975 and 1979, when up to two million people died.

Tribunal Officials Visit Former Khmer Rouge Stronghold

A disabled former Khmer Rouge soldier attends a discussion led by U.N. officials who are distributing printed copies of the final verdict of Case 001 against Kaing Guek Eav,also known as Duch, a former prison chief for the regime, in Anlong Veng, a former Khmer Rouge stronghold, in Uddor Mean Chey province, Thursday, July 5, 2012. (Photo: AP)

Thursday, 05 July 2012
Kong Sothanarith, VOA Khmer | Oddar Meanchey, Cambodia

“How many more cases?”

Officials from the Khmer Rouge tribunal are in the former communist stronghold of Anlong Veng, Oddar Meanchey province, this week to assure former lower cadre they will not be prosecuted by the UN-backed court.

The court has so far arrested five leaders of the regime and prosecuted only one. Three are currently on trial for atrocity crimes, and two more cases are before the court that would require more indictments.

However, court officials told about 200 people in Anglong Veng Thursday this did not mean the arrests of the rank-and-file Khmer Rouge. The gathering took place at the former home of Ta Mok, an infamous Khmer Rouge leader known as the Butcher. His home has become a tourist destination since his death in July 2006.

Sacrava's Political Cartoon: ECCC's Journey

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

Fears grow for early end to Khmer Rouge trial

"Brother Number Two" Nuon Chea has denied charges including war crimes and genocide (AFP/HO/File, Nhet Sokheng)

24 June 2012
By Michelle Fitzpatrick (AFP)

"I'd rather have a nice clean trial," [Ieng Sary's lawyer, Michael Karnavas] said. "You invited me to the party, now let's dance. But you can't be changing the rules in the middle of the party."

PHNOM PENH — Health and funding woes are threatening a flagship Khmer Rouge trial, experts say, kindling fears that the elderly defendants may never answer for the worst of Cambodia's "Killing Fields" era.

The three most senior surviving leaders of the brutal regime stand accused of some of the gravest crimes in modern history for their roles in up to two million deaths in the late 1970s.

Worried the octogenarians would not live to see a verdict, judges at a UN-backed court in Phnom Penh split their complex case into smaller trials, saving the most serious atrocities for later proceedings.

But seven months into their slow-moving first "mini-trial", concern is mounting that the court -- faced with a worsening funding crunch and fresh fears over the accused's health -- will be unable to finish the entire case.

Ta An lawyer battles blockage

Ta An, 79, former deputy secretary of the Central Zone under the Khmer Rouge, eats rice at his home in Battambang last year. Photograph: Thomas Miller/Phnom Penh Post

Wednesday, 06 June 2012
Bridget Di Certo
The Phnom Penh Post

The international lawyer for Case 004 suspect Ta An has written to the UN undersecretary-general for legal affairs to request that she intervene in what he has called a bad-faith attempt to block his appointment in the government-opposed case.

The subject of defence lawyer Richard Rogers’ accusation are a pair of UN staffers he says have used underhanded tactics to prevent him taking on his proper role.

“Despite the unequivocal support for Judge Kasper-Ansermet from the UN, the [Deputy Director of the Office of Adminstration] and [Defence Support Services] have used their administrative authority to frustrate his judicial acts with respect to the assignment of the Suspect’s choice of counsel, by blocking my appointment and denying support,” Rogers said in a letter released yesterday.

UN employees Knut Rosandhaug, who serves as the deputy director of the office of administration, and Isaac Endeley, chief of the Defence Support Section, are “continuing to flout a court order issued by the former UN-appointed international reserve Co-Investigating Judge Laurent Kasper-Ansermet”, Rogers says in the letter.

Exonerating the border killers?

https://www.box.com/s/3e6a848e908ec39917ad


https://www.box.com/s/a06d3807b4f138e3da71

Judge alleged misconduct

You Bunleng (L) and Laurent Kasper-Ansermet

Monday, 28 May 2012
Bridget Di Certo
The Phnom Penh Post

One day before co-investigating judges closed investigations into government-opposed Case 003, Kaing Guek Eav, alias Duch, gave evidence that suspects Meas Muth and Sou Met were among those most responsible for the horrors of the Khmer Rouge regime, according to documents obtained by the Post yesterday.

The document was a complaint against Cambodian Judge You Bunleng composed by now-resigned international reserve co-investigating Judge Laurent Kasper-Ansermet, who filed it to the Supreme Council of Magistracy in early May.

“[Kasper-Ansermet] refers this matter to the Supreme Council of Magistracy for consideration of the conduct of Judge You Bunleng by the Disciplinary Council for disciplinary action,” the complaint reads.

“[Kasper-Ansermet] requests the Supreme Council of Magistracy to suspend Judge You Bunleng’s current duties as National Co-Investigating Judge of the Office of the Co-Investigating Judges, until such a time that his conduct is considered by the Disciplinary Council,” the Swiss national wrote.

ការ​លាលែង​របស់​ចៅក្រម​អន្តរជាតិ​មាន​ផល​វិបាក​ធំ​ធេង

លោក Laurent Kasper-Ansermet ដែល​ទើប​លា​ឈប់​ពី​សា​លា​ក្តី​។ រូបថត ECCC

Tuesday, 08 May 2012
សេង ធារី
The Phnom Penh Post

សេង ធារី (Credit: USC Shoah

Foundation Institute,

photographer Kim Fox,

July 2011)

ប្រទេស​កម្ពុជា ជួប​នូវ​ការ​បាត់​បង់​ដ៏​ធំ​ធេង​មួយ​ ជាមួយ​នឹង​ការ​លា​ឈប់​របស់​សហ​ចៅក្រម​ស៊ើប​អង្កេត​បម្រុង​អន្តរ​ជាតិ លោក Laurent Kasper-Ansermet។ វា​ជា​ការ​បាត់​បង់​ ជាមួយ​នឹង​ភាព​ស្មុគស្មាញ​បំផុត ហើយ​មិន​មែន​ត្រឹម​តែ​សម្រាប់​អង្គ​ជំនុំ​ជម្រះ​វិសាមញ្ញ​ នៃ​តុលាការ​កម្ពុជា និង​សំណុំ​រឿង ០០៣ និង ០០៤ ប៉ុណ្ណោះ​ទេ។

ការ​លាលែង​របស់​លោក Kasper-Ansermet មាន​ផល​វិបាក​យ៉ាង​ធំ​ធេង​ដល់​សង្គម​ខ្មែរ​សម័យ​ក្រោយ​របប​ប្រល័យ​ពូជ​ សាសន៍​ជា​រួម និង​កិច្ច​ខិតខំ​ប្រឹង​ប្រែង ​របស់​យើង​ ដើម្បី​បញ្ជ្រាប​យុត្តិធម៌ និង​ប្រយុទ្ធ​ប្រឆាំង​វប្បធម៌​និទ្ទណ្ឌ​ភាព។ យើង​មាន​ក្តី​រន្ធត់​ ចំពោះ​ឃាតក​ឈាម​ត្រជាក់​ សម្លាប់​សកម្មជន​បរិស្ថាន ឈុត វុទ្ធី ប៉ុន្តែ​យើង​មិន​គួរ​ភ្ញាក់​ផ្អើល​ទេ។ យើង​ហាក់​ដូច​ជា​គិត​គូរ​បញ្ហា​និទ្ទណ្ឌភាព​តាម​វិធី​សើៗ ​ដោយសារ​តែ​ភាព​ញឹក​ញាប់​របស់​វា​ នៅ​ក្នុង​សង្គម​នេះ។

នោះ​មាន​ន័យ​ថា យើង​និយាយ​អំពី​វា ហើយ​ប្រតិកម្ម​ចំពោះ​វា​តាម​ឥរិយាបថ​មាន​កម្រិត​ ដោយ​ផ្អែក​លើ​ការ​បែង​ចែក​វា​ទៅ​តាម​ផ្នែក​ នៃ​ការងារ​របស់​យើង​រៀងៗ​ខ្លួន ដូច​ជា​ នីតិប្បញ្ញត្តិ ការ​ការពារ​បរិស្ថាន សិទ្ធិ​មនុស្ស ឬ​ក៏​នយោបាយ​ជា​ដើម។

ខណៈ​ពេល​យើង​បែង​ចែក​និទ្ទណ្ឌភាព​នេះ យើង​ក៏​បាន​បញ្ជ្រាប​វា​ទៅ​តាម​អាជ្ញាធរ​មូលដ្ឋាន កង​កម្លាំង​ប្រដាប់​អាវុធ និង​ថ្នាក់​ដឹក​នាំ​ជាតិ​ជា​ដើម។ វា​ក៏​មាន​នូវ​ការ​បញ្ជ្រាប ​រវាង​ពិភព​ក្នុង​ប្រទេស និង​ពិភព​អន្តរ​ជាតិ​ផង​ដែរ។ សហគមន៍​អន្តរជាតិ​ ត្រូវ​បាន​ចាត់​ទុក​ថា​ ស្ថិត​នៅ​ពី​លើ​បញ្ហា​នេះ ទោះ​បី​វា​ជា​ស្ថាប័ន​សំខាន់​ នៅ​ក្នុង​ការ​ធ្វើ​ឲ្យ​ចេញ​រូប​រាង ​នូវ​ព័ត៌មាន និង​របៀប​វារៈ និង​នៅ​ក្នុង​ការ​ផ្តល់​ហិរញ្ញ​វត្ថុ​ដល់​អង្គការ​មិន​មែន​រដ្ឋាភិបាល រដ្ឋាភិបាល ECCC និង​លទ្ធិ​ប្រជាធិបតេយ្យ​ក្តី។ ប៉ុន្តែ​ដូច​ដែល​យើង​បាន​ដឹង​ស្រាប់​ហើយ និទ្ទណ្ឌ​ភាព​ មិន​មែន​ជា​ជំងឺ​មហា​រីក​ស៊ី​រូង​ទេ បើ​សិន​សហគមន៍​អន្តរ​ជាតិ​មិន​ជំរុញ​វា​ ជាមួយ​នឹង​ទឹក​ប្រាក់​រាប់​ពាន់​លាន​របស់​ខ្លួន និង​ការ​សំងំ​ស្ងៀម​មិន​ហាស្តី​ របស់​ខ្លួន​ចំពោះ​ទង្វើ​អយុត្តិ​ធម៌​ដ៏​ព្រៃ​ផ្សៃ​ម្តង​ហើយ​ម្តង​ទៀត​នោះ។

When the Human Rights Community Is Its Own Worst Enemy [-Did the UN really do the right thing by adhering to the travesty of justice? That's the real question!]

05/07/2012
Kip Hale
Senior Counsel, American Bar Association (ABA) Center for Human Rights.
Huffington Post

The global fight to uphold respect for international human rights is a daunting job. Governments flagrantly violate human rights on a daily basis -- as do multi-national conglomerates and extremists organizations, who have become the new human rights abusers on the block. International human rights non-governmental organizations (NGOs) are often the vanguard in this global fight. So, it is perplexing when some of these NGOs undercut their own legitimacy by making public outcries that do little to help their overall causes, and in fact, undermine them. These typically resourceful and responsible groups sometimes fail to provide constructive solutions in times of need, and instead exemplify the aphorism, "the perfect is the enemy of the good."

An example of the human rights community's predilection to sabotage itself was recently displayed by NGOs that monitor the work of the United Nations (UN)-supported Khmer Rouge tribunal, officially the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC is an international hybrid tribunal created to prosecute surviving senior members of the 1970s Khmer Rouge regime, which allegedly perpetrated mass atrocities that caused the death of nearly two million people in Cambodia. The ECCC's structure includes both Cambodian and international personnel that share equal power in the prosecutors' and judicial investigators' offices. However, the Cambodians have a majority in the pretrial, trial and appeals chambers. The first case at the ECCC (Case 001) recently came to a close with the appeal verdict of Duch, who was sentenced to life imprisonment for the torture and murder of over 12,000 detainees -- including women and children -- at the notorious Tuol Sleng prison in Phnom Penh. Case 002, the trial of the Khmer Rouge's four most senior-living leaders and referred to as "the largest and most complicated prosecution since Nuremberg," began in earnest in late 2011 and will likely last for the next few years.

Alone to the end, Kasper-Ansermet makes KRT exit

THANK YOU!
Judge Laurent Kasper-Ansermet

Friday, 04 May 2012
Bridget Di Certo
The Phnom Penh Post

Upon his arrival, he vowed to keep the public informed, and it is this very act that has caused so much trouble for international reserve co-investigating judge Laurent Kasper-Ansermet, who departs the Khmer Rouge tribunal today.

As one of his final judicial acts in his role – an authority many Cambodian court staff and government officials have refused to acknowledge – Kasper-Ansermet on Tuesday released detailed information about the crimes former military commanders Meas Muth and Sou Met are alleged to have committed during the Khmer Rouge regime.

As well as detailing the two Case 003 suspects’ responsibilities, the Swiss judge alludes to the types of crimes that may have been perpetrated by the two.

Like all judicial steps Kasper-Ansermet has taken in government-opposed cases 003 and 004, he acted alone in issuing the two decisions this week that will make it harder for the controversial cases to simply go away.

In the decisions, he also highlighted Cambodian co-prosecutor Chea Leang’s disagreement to cases 003 and 004.

cision on personal jurisdiction and investigative policy regarding suspect [in Case 003]

http://www.box.com/s/b21f78a6d547af27a890

Meas Muth, Sou Met among ‘most responsible’: judge

Meas Muth (Photo: The Phnom Penh Post)

Thursday, 03 May 2012
Bridget Di Certo
The Phnom Penh Post

Suspects in government-opposed Case 003, former navy commander Meas Muth and air force commander Sou Met, are among those most responsible for the crimes committed during the Democratic Kampuchea regime, the office of the co-investigating judges decided on Tuesday.

The decisions were stamped by international reserve Co-Investigating Judge Laurent Kasper-Ansermet alone, without the seal of his Cambodian counterpart.

The decisions also symbolize the final judicial acts of Kasper-Ansermet, who steps down from his office tomorrow.

He quit the court in March citing egregious dysfunctions within the ECCC.

“The judicial investigation conducted by the Office of the Co-Investigating Judges has thus established that Suspect [Redacted] may be considered as one of the persons most responsible for the crimes enumerated in the Co-Prosecutors’ Second Introductory Submission,” Kasper-Ansermet wrote in his decision.

Ban Ki-moon should resign if Cases 003/004 will not go through - Op-Ed by Chhaya Khemarak

Case 004 suspect Im Chem sets retirement for June

Khmer Rouge tribunal Case 004 suspect Im Chem speaks to the Post at her home in Oddar Meanchey province in 2009. Robbie Corey-Boulet

Wednesday, 18 April 2012
May Titthara
The Phnom Penh Post

Though the crimes against humanity suspect has rarely come to work for the past few months, Im Chem yesterday denied a local media report that she had resigned as deputy commune chief, saying she would retire after commune elections on June 3.

The 70-year-old, who served as governor of Preah Netr Preah district in the Khmer Rouge’s northwest zone from 1978 to 1979, said she would end her decade-long position as deputy commune chief of Trapaing Tav in Oddar Meanchey province’s Anlong Veng district.

“I am not resigning from my position. I am retiring because I am too old, so I want to take my old age to respect to Buddha,” she said.

Cambodia Must Provide Full Cooperation to New Judges [-Wimpy Ban Ki-moon caves in to Hun Xen's culture of impunity?]

Press Release: United Nations

Cambodia Must Provide Full Cooperation to New Judges at Genocide Court, Ban Stresses

New York, Mar 30 2012 

Secretary-General Ban Ki-moon has decided to initiate a selection process for new international judges for the United Nations-backed Cambodia genocide tribunal, and stressed that the Government must provide full cooperation so they can carry out their duties.

Recent months have witnessed the resignations of the international co-investigating judge, Siegfried Blunk, and the reserve international co-investigating judge, Laurent Kasper-Ansermet, from the Extraordinary Chambers in the Courts of Cambodia (ECCC).

Judge Blunk cited attempted interference by Government officials in the court’s proceedings, while Judge Kasper-Ansermet stated that he was being prevented from properly and freely carrying out his duties at the tribunal, which was set up as an independent court using a mixture of Cambodian and foreign personnel.

“The circumstances that have given rise to these two resignations remain worrying,” said a <"http://www.un.org/sg/statements/index.asp?nid=5961">statement issued by Mr. Ban’s spokesperson.

Both judges were working on cases 003 and 004, which involve former senior members of the Khmer Rouge military suspected of being responsible for the deaths of thousands of people.

“The Secretary-General believes that it is essential that the judicial process in relation to cases 003 and 004 be brought back onto a positive course,” said the statement.