Showing posts with label Defense lawyers. Show all posts
Showing posts with label Defense lawyers. Show all posts

Thursday, January 14, 2010

Villagers involved in uprooting border stakes now have a defense lawyer


Thursday, January 14, 2009
Everyday.com.kh
Translated from Khmer by Socheata

On Wednesday, a human rights organization declared that two villagers, who were charged by the Svay Rieng court of uprooting stakes along the Cambodian-Viet border, have found a lawyer to defend them. According to a communiqué issued by the Cambodian Human Rights Action Committee (CHRAC) on Wednesday, Sam Sokong, a CHRAC lawyer will defend the cases of Mrs. Meas Srey and Mr. Prum Chea who are currently being jailed in Svay Rieng, as well as three other villagers who have fled. Sam Sokong told The Phnom Penh Post on Wednesday that he will show up in court as planned on 26 January to defend all the 5 villagers above. Hang Chhaya, a facilitator for CHRAC said that there will be no fee for the lawyer provided to defend the villagers because these villagers are very poor.

Sunday, November 29, 2009

Hang tough if Hun Sen gets rough

LEGAL-EYED: Kao Soupha

29/11/2009
Anucha Charoenpo
Bangkok Post


Kao Soupha is a lawyer who is well used to government pressure.

The 37-year-old Cambodian believes that if a lawyer is afraid of the state, then many innocent people will have no chance to defend themselves.

For this reason he decided to represent jailed Thai engineer Sivarak Chutipong.

Mr Sivarak, 31, an employee of Thai-owned Cambodia Air Traffic Services, was arrested on Nov 12 on charges of leaking information concerning the flight plan of Thaksin Shinawatra as he travelled to Cambodia.

Mr Sivarak is being held at Prey Sar prison, pending a bail consideration and first hearing on Dec 8.

"I see he [Mr Sivarak] has a good chance of being freed as I believe he did not really steal the flight records," Mr Soupha said.

Mr Soupha admits his client was in a position to know of all the flights in an out of Cambodia but that Thaksin's flight plan was not a secretive matter.

Had Mr Sivarak "spied", he would not have left Cambodia and travelled to Laos on Nov 6 and returned to Cambodia on Nov 9, says Mr Soupha.

He acknowledged the arrest of Mr Sivarak was a headlining issue between the two countries, but it was not a complicated case because as far as he knew there was not much evidence supporting the plaintiff side.

Mr Soupha also believes the arrest of Mr Sivarak was politically motivated and the case should be resolved by the two governments.

"They are playing a game and Mr Sivarak is, unfortunately, in the middle," he said.

According to Cambodian law, if Mr Sivarak is found guilty of spying he faces a jail term of between seven and 15 years.

Mr Soupha specialises in providing legal counselling for Cambodian and foreign people. Most of his cases are concerned with human rights violations and alleged unfair treatment by the Cambodian government.

He often deals with the Thai community in Phnom Penh and is regularly contacted by the Thai embassy in Phnom Penh.

Saturday, October 13, 2007

Khieu Samphan: I've Done Nothing Wrong

Interview with Khieu Samphan regarding his selection of a lawyer

12 October 2007
By Sok Serey
Radio Free Asia

Translated from Khmer by Khmerization


Khieu Samphan (pictured), the head of state of the Khmer Rouge regime, has a reputation as an honest politician. In the 1960s he was beaten and strip-searched on the way out of parliament after he made a speech criticizing the authority. In 1967, after the Samlaut Uprising, he was accused of inciting the Samlaut people to revolt against the government. The authority issued an arrest warrant. Fearing for his life he disappeared mysteriously- feared dead by many who knew him. A few months later, a long with Hu Nim and Hou Youn, he re-emerged in the jungle of Cambodia as one of the top Khmer Rouge leaders. In 1976, after Sihanouk resigned as the head of state of the Khmer Rouge regime, Khieu Samphan was chosen as Sihanouk's replacement. Now he is one of many possible candidates of suspects in the crime against humanity and genocide committed during the KR regime, a charge he always denied. In his first interview with Mr. Sok Serei of Radio Free Asia Khmer Service, after many months of silence, he claimed that he has done nothing wrong and that he has nothing to worry about a possible warrant for his arrest by the Khmer Rouge Court. Do you, the readers, believe that he is innocent? Below is what he had said in the interview:

Sok Serei: I heard that you have hired a lawyer. What is his name?

Khieu Samphan: His name is Say Bory.

Serei: You only hired a Khmer lawyer or do you plan to hire other lawyers too?

Samphan: I should respect the court's requirements that we should have both the Khmer and foreign lawyers. I have already chosen a foreign lawyer but I haven't had a Khmer lawyer just yet.

Serei: Who is your foreign lawyer?

Samphan: A Frenchman named Jaques Verges.

Serei: When did you hired Mr. Say Bory?

Samphan: About four days ago. In fact I have talked to him quite sometime back since I first published my book because I heard that the international court will be established and my name was mentioned as a possible suspect so I contacted Mr. Say Bory but at that time he could not be my lawyer as he was a member of the Constitutional Council.

Serei: Why did you choose Mr. Say Bory?

Samphan: I saw that Mr. Say Bory did not belong to any political party. He is a law professor. If he becomes my lawyer he doesn't seem to think much about the money. I saw that he is a respected person who only think about the law. In fact he told me that I was and still is an honest and incorruptible person who never took bribes from anyone. He doesn't know about anything else but based on my honesty and clean image he formed the view that maybe I have done nothing wrong.

Serei: The court has not issued an arrest warrant yet but why did you plan ahead?

Samphan: It is normal because my name was mentioned as a possible suspect so I can't be complacent because when the time comes I could be without a lawyer. I do not want a lawyer chosen for me by the court. I want to choose my own lawyer.

Serei: During the Khmer Rouge regime what was your official title role?

Samphan: My official title role, in simple term, would be the head of state. But in the Khmer Rouge official terminology I was the President of the Presidium. I wish to tell you that in the official document it was stated very clearly who has the power to arrest, who has the right to arrest whom. But the president of the presidium did not have any power to arrest anyone. Secondly, I wish to tell you that I was in the Central Committee of the Communist Party of Cambodia only because I was a vice-president of the GRUNK goverment (the government of the resistance forces) seconded to His Majesty (Sihanouk). They (the KR) wanted to give me an honour. They only put me as a reserve member of the Central Committee from 1971 to 1976 and after that they let me be a full member and in the Central Committee the ones who have real power are those who had the responsibility on the ground. They were the ones who carried out the policies of the Central Committee. Others who had real power are those who controlled large units of the army. As for me, who was also a Central Comittee member but only acted as a liaison with His Mjesty (Sihanouk) and both His Majesty and me had no power at all.

Serei: Nuon Chea has already been arrested. Are you worried or do you have any plan to run away?

Samphan: No. I have no plan to run away. First, I have done nothing wrong- not even accepting a small bribe, let a lone killing someone. In fact, I am not worried about it (the possible arrest) at all.

Serei: Do you live in Phnom Penh or in Pailin at the moment?

Samphan: I live in Pailin.

Serei: Is your health still good?

Samphan: My health is normal. I don't have any serious illness but I have urine in my bloodstream for 3-4 years already but it is not serious. My doctor has advised me to abstain from eating chicken or drinking alcohol. But I never drink any alcohol, only once in a while when my friends invited me to their party.

Wednesday, August 01, 2007

Khmer Rouge Official to Reveal Crimes

In this photo from the Cambodian Documentation Center shows Kaing Khek Iev, left, also know as Duch, and his aid Sok in Phnom Penh in 1976. Duch, who ordered the torture and killing of at least 14,000 men, women and children, in the late 1970's has been take to the Cambodian genocide tribunal headquarters Tuesday, July 31, 2007, to be questioned by judges. On July 18, 2007, prosecutors submitted to the investigating judges the cases of five former Khmer Rouge leaders recommended to stand trial. The names of the five suspects have not been revealed. (AP Photo/Documentation Center, File)

Wednesday, August 1, 2007
By KER MUNTHIT
The Associated Press


PHNOM PENH, Cambodia -- The former chief of a Khmer Rouge prison is willing to testify about the communist regime's atrocities that led to an estimated 1.7 million deaths in the 1970s, Cambodia's genocide tribunal announced Wednesday.

Duch, 64, also known as Kaing Guek Eav, on Tuesday became the first top Khmer Rouge figure to be indicted for offenses committed when the Khmer Rouge held power from 1975-79. He was charged and detained by order of the U.N.-backed international tribunal's foreign and Cambodian judges.

Duch headed the S-21 prison in Phnom Penh, where some 16,000 suspected enemies of the regime were tortured before being taken out and executed on what later became known as the "killing fields" near the city. Only about a dozen prisoners are thought to have survived. The site is now the Tuol Sleng Genocide Museum.

The judges' detention order, posted on the tribunal's Web site Wednesday, said Duch had acknowledged that he headed S-21 and was "ready to reveal the crimes committed by the Khmer Rouge."

It also cited prosecutors' allegations that he presided over abuses against civilians including "arbitrary detention, torture and other inhumane acts, (and) mass executions."

"He is implicated by many documents and several witnesses," the detention order said.

The tribunal also announced that one of the two lawyers expected to defend Duch is Francois Roux, a human rights activist from France best known for being on the defense team of Zacarias Moussaoui, a Moroccan-born Frenchman convicted in the U.S. of conspiring to commit terrorism and kill Americans in connection with the Sept. 11, 2001 terror attacks.

Roux also defended four cases of genocide at the International Criminal Tribunal for Rwanda.

Duch, who said he could not afford to pay for legal representation, selected Roux and a Cambodian lawyer, Kar Savuth, from a list compiled by the tribunal. Kar Savuth has represented Duch for the past eight years while he was detained at a Phnom Penh military prison on separate war crimes charges.

The tribunal, officially known as Extraordinary Chambers in the Courts of Cambodia, is expected to start conducting trials early next year.

Cambodia's holocaust saw as many as one-fifth of the country's citizens die as a result of the radical policies of the Khmer Rouge and their leader, Pol Pot.

Pol Pot died in 1998, but three of his senior-level colleagues are living freely in Cambodia, though in declining health: Nuon Chea, the movement's chief ideologue; Ieng Sary, the former foreign minister; and Khieu Samphan, the former head of state.

Prosecutors have recommended that five Khmer Rouge leaders be indicted, and all three are widely believed to be on their list, although no names besides Duch's have been released.

According to a transcript of a 1999 government interview obtained by The Associated Press, Duch said "Nuon Chea (also) had direct command over S-21."

"I was under other people's command, and I would have died if I disobeyed it. I did it without any pleasure, and any fault should be blamed on the (Khmer Rouge leadership), not me," he told the government interviewer soon after his arrest in May 1999. Prior to that he had spent decades under an assumed name.

Nuon Chea, the right-hand man to Pol Pot, has consistently denied any responsibility for the mass brutality.

"I was president of the National Assembly and had nothing to do with the operation of the government," he told the AP in an interview last month. "Sometimes I didn't know what they were doing because I was in the assembly."

"I will go to the court and don't care if people believe me or not," he said.

The judges' detention order for Duch cited prosecutors' allegations that "under his authority, countless abuses were allegedly committed against the civilian population."

The abuses included "arbitrary detention, torture and other inhumane acts, mass executions, which occurred within a political context of widespread or systematic abuses and constitute crimes against humanity," it said.

It said one of Duch's lawyers had challenged the detention on the basis "that the other suspects remain at liberty," and requested his client be released on bail.

The judges denied the request, saying granting him freedom could provoke public anger.

Duch's current provisional detention will last up to one year and can be extended for another year if the investigating judges uncover new crimes in which he was implicated, said tribunal spokesman Reach Sambath.

According to tribunal rules, the maximum penalty for conviction of crimes is life imprisonment.