Appeal Register of International Co-Prosecutor against the Order on International Co-Prosecutor's Public St...
http://www.scribd.com/fullscreen/56044536?access_key=key-1k10vt4qxzcgs03g9jq0
Showing posts with label ECCC co-prosecutor. Show all posts
Showing posts with label ECCC co-prosecutor. Show all posts
Monday, May 23, 2011
Tuesday, May 10, 2011
Case 003: The plot thickens as Chea Leang opposes this case
http://www.box.net/shared/2b4n64m2dt
http://www.box.net/shared/o6347bekxq
10 May 2011
PRESS RELEASE
STATEMENT BY THE NATIONAL CO-PROSECUTOR REGARDING CASE FILE 003
The National Co-Prosecutor, CHEA Leang, makes this public statement pursuant to ECCC Internal Rule 54 regarding Case File 003.
In view of the first preliminary investigation by the International Co-Prosecutor and the latest investigation leading to the closure of investigation by the Co-Investigating Judges, the National Co-Prosecutor thoroughly examined and maintained that the suspects mentioned the Case File 003 were not either senior leaders or those who were most responsible during the period of Democratic Kampuchea.
In accordance with the Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea (the “ECCC Law”) and the preamble of the Agreement between the United Nations and the Royal Government of Cambodia concerning the Prosecution under Cambodian Law of Crimes Committed during the Period of Democratic Kampuchea (“UN-RGC Agreement”) dated 18 December 2002 and the recognition by the United Nations General Assembly of the legitimate concern of the Royal Government of Cambodia and the people of Cambodia in the pursuit of justice and national reconciliation, stability, peace and security, the selection of two categories of suspects were made: senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of the Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia, that were committed during the period from 17 April 1975 to 6 January 1979.
Further, the National Co-Prosecutor opines that priorities should be given to the prosecution of the Accused in the custody of the ECCC Detention Facility. In light of the UN-RGC Agreement and the ECCC Law that envisaged the prosecution of a limited number of people.
For the reasons given, the National Co-Prosecutor maintains that the named suspects in Case File 003 do not fall within the jurisdiction of the ECCC to be brought to trial and that the Tribunal’s mandate can be adequately fulfilled through the prosecution of the Accused persons in the ECCC Detention Facility.
Prosecutor speaks out
Tuesday, 10 May 2011
James O’Toole and Cheang Sokha
The Phnom Penh Post
James O’Toole and Cheang Sokha
The Phnom Penh Post
“If they want to go into Case 003 or 004, they should just pack their bags and return home” - Khieu Kanharith
Khmer Rouge tribunal co-prosecutor Andrew Cayley has announced plans to request additional investigation in the court’s controversial third case, saying allegations of grave crimes including enslavement, torture and murder “have not been fully investigated”.
The announcement comes amid speculation from court observers that the tribunal’s investigating judges may have deliberately botched the investigation in the face of opposition from the Cambodian government.
Last month, the court’s co-investigating judges announced the conclusion of their investigation in Case 003, the suspects in which remain officially confidential but whom court documents reveal as former KR navy commander Meas Muth and air force commander Sou Met.
During the roughly 20 months of investigation, however, judges filed no charges against the men, and they were not even summoned for questioning.
In a statement released yesterday, Cayley listed a series of additional investigative steps he plans to ask the judges to perform, as he is permitted to do under court rules. Among these requests are the questioning of the suspects, additional interviews with witnesses and further investigation of the alleged crime sites.
“The International Co-Prosecutor will request these actions as he is of the view that the crimes alleged in the Introductory Submission [submitted by the prosecution in 2009] have not been fully investigated,” the statement read.
Friday, December 03, 2010
Challenges Await Newly Appointed Tribunal Prosecutor Co-Investigating Judge
 |
| Siegfried Blunk |
Washington, DC Thursday, 02 December 2010
“We can say there might be new speed or new strategies in relation to the investigation.”
The Khmer Rouge tribunal has named a new international investigating judge, who will step into the UN-backed court as it prepares for a complicated trial for four jailed leaders and considers more indictments.
Siegried Blunk, of Germany, will replace Marcel Lemond, who resigned in September following the end of the investigation stage in a case against four Khmer Rouge leaders.
Blunk, who was appointed by order of King Norodom Sihamoni, assumed office on Dec. 1, according to the tribunal.
Blunk will be facing tough questions at the tribunal, which is to decide on two more cases for indictments, something the Cambodian side of the court opposes. Those cases, Nos. 003 and 004, are in the hands of the investigating judges' office.
“We can say there might be new speed or new strategies in relation to the investigation” of the cases, said Long Panhavuth, who monitors the court for the Cambodian Justice Initiative. “That's what we are all waiting to see.”
The investigating judges have yet to endorse a lawyer for the defense of so far unnamed suspects in cases 003 and 004.
Meanwhile, at least one court observer said the investigating judges should move forward on those cases, following the completion of their investigation of Case No. 002 in September.
Prime Minister Hun Sen has said further indictments could destabilize the country, an opinion echoed by other Cambodian tribunal officials.
Blunk studied law at Munich University and wrote a PhD thesis in international law. He has been a judge since 1977 and has handled both civil and criminal cases, according to a tribunal statement. From 2003 to 2005, he served as an international judge at a UN hybrid court in East Timor.
Saturday, December 05, 2009
New UN Prosecutor Faces Tough Challenges
By Sok Khemara, VOA Khmer
Original report from Washington
04 December 2009
Original report from Washington
04 December 2009
The UN’s new prosecutor for the Khmer Rouge tribunal faces at least two challenges as he begins work at the court, observers of the hybrid court say.
For starters, Andrew Carley, a British prosecutor appointed to the UN side of the court this week, will have to work side by side with his counterpart, Chea Leang, to ensure adequate prosecution of four senior Khmer Rouge leaders currently in detention, said Long Panhavuth, a project officer for the Open Society Justice Institute, which oversees the tribunal.
“Both prosecutors have to unanimously agree and join shoulders to execute [the case], to ensure that the investigation in Case No. 002 is completed, good, adequate and with independence guaranteed,” he said.
Tribunal judges have said the end of this year they will conclude their investigation of the four leaders, Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, in a case that promises to be more complicated that the trial of Kaing Kek Iev, or Duch, which wrapped up last week.
Carley, who has not yet arrived, will also have to face the question of further indictments, a position promoted by his predecessor, Robert Petit, who left earlier this year.
The question of further indictments beyond the five cadre now in custody divided the prosecution office, with judge Chea Leang maintaining the same position of Prime Minister Hun Sen, that the current caseload is enough and that further arrests could lead to instability.
Hun Sen reiterated this warning Thursday, saying he would prefer to see the court fail than have the country “fall into war.”
A coalition of civil society groups said Friday they were not concerned that proceedings of the Khmer Rouge tribunal have the potential of igniting civil war in Cambodia.
For starters, Andrew Carley, a British prosecutor appointed to the UN side of the court this week, will have to work side by side with his counterpart, Chea Leang, to ensure adequate prosecution of four senior Khmer Rouge leaders currently in detention, said Long Panhavuth, a project officer for the Open Society Justice Institute, which oversees the tribunal.
“Both prosecutors have to unanimously agree and join shoulders to execute [the case], to ensure that the investigation in Case No. 002 is completed, good, adequate and with independence guaranteed,” he said.
Tribunal judges have said the end of this year they will conclude their investigation of the four leaders, Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, in a case that promises to be more complicated that the trial of Kaing Kek Iev, or Duch, which wrapped up last week.
Carley, who has not yet arrived, will also have to face the question of further indictments, a position promoted by his predecessor, Robert Petit, who left earlier this year.
The question of further indictments beyond the five cadre now in custody divided the prosecution office, with judge Chea Leang maintaining the same position of Prime Minister Hun Sen, that the current caseload is enough and that further arrests could lead to instability.
Hun Sen reiterated this warning Thursday, saying he would prefer to see the court fail than have the country “fall into war.”
A coalition of civil society groups said Friday they were not concerned that proceedings of the Khmer Rouge tribunal have the potential of igniting civil war in Cambodia.
Wednesday, December 02, 2009
Khmer Rouge war crimes prosecutor is appointed
The tribunal, created in 2006 to prosecute leading Khmer Rouge members, recently held its first trialWednesday, December 02, 2009
BBC News
Cambodia's Khmer Rouge war crimes court has named Andrew Cayley as its new international prosecutor.
The genocide tribunal appointed British-born Mr Cayley several months after the resignation of his Canadian predecessor, Robert Petit.
Mr Cayley recently defended the former Liberian President Charles Taylor at his war crimes trial.
Cambodian King Norodom Sihamoni formally appointed Mr Cayley, according to a court statement.
American Nicholas Koumjian was appointed reserve co-prosecutor.
Disagreements
Mr Cayley has spent the last two years in private practice, during which time he defended Mr Taylor.
Before this he worked for the International Criminal Court investigating crimes in Darfur, and served at the International Criminal Tribunal for the former Yugoslavia.
His appointment was welcomed by court observers who stressed the importance of having a permanent international prosecutor in place.
Critical decisions "should be made by the international prosecutor who will have the responsibility for carrying them out," Heather Ryan, court monitor for the Open Society Justice Initiative, told the French news agency AFP.
The UN-backed tribunal incorporates mixed teams of foreign and Cambodian judges, prosecutors and defenders.
Disagreements among the legal teams have been known to lead to frequent delays, whilst allegations of corruption have damaged the tribunal's credibility.
Indeed, the resignation of Mr Petit came after a dispute with Cambodian co-prosecutor Chea Leang over whether to pursue more suspects of the late 1970s communist regime.
Mr Petit denied any connection, saying personal reasons were behind his resignation.
Senior leaders
The tribunal, created in 2006 to prosecute leading Khmer Rouge members, recently held its first trial of prison chief Kaing Guek Eav, better known as Duch, with Australian Bill Smith serving as interim international prosecutor.
He was convicted and sentenced to 40 years in jail. A term of 45 years should be imposed but five years had been deducted to take account of Duch's co-operation and time he had already served, Mr Smith said.
Duch is the first of five leading Khmer Rouge figures to face the UN-backed tribunal.
The joint trial of four other - more senior - Khmer Rouge leaders is expected to start in 2011.
The court is also investigating whether to open more cases against five other former Khmer Rouge officials.
Up to two million Cambodians died under Pol Pot's Khmer Rouge rule in the 1970s.
The genocide tribunal appointed British-born Mr Cayley several months after the resignation of his Canadian predecessor, Robert Petit.
Mr Cayley recently defended the former Liberian President Charles Taylor at his war crimes trial.
Cambodian King Norodom Sihamoni formally appointed Mr Cayley, according to a court statement.
American Nicholas Koumjian was appointed reserve co-prosecutor.
Disagreements
Mr Cayley has spent the last two years in private practice, during which time he defended Mr Taylor.
Before this he worked for the International Criminal Court investigating crimes in Darfur, and served at the International Criminal Tribunal for the former Yugoslavia.
His appointment was welcomed by court observers who stressed the importance of having a permanent international prosecutor in place.
Critical decisions "should be made by the international prosecutor who will have the responsibility for carrying them out," Heather Ryan, court monitor for the Open Society Justice Initiative, told the French news agency AFP.
The UN-backed tribunal incorporates mixed teams of foreign and Cambodian judges, prosecutors and defenders.
Disagreements among the legal teams have been known to lead to frequent delays, whilst allegations of corruption have damaged the tribunal's credibility.
Indeed, the resignation of Mr Petit came after a dispute with Cambodian co-prosecutor Chea Leang over whether to pursue more suspects of the late 1970s communist regime.
Mr Petit denied any connection, saying personal reasons were behind his resignation.
Senior leaders
The tribunal, created in 2006 to prosecute leading Khmer Rouge members, recently held its first trial of prison chief Kaing Guek Eav, better known as Duch, with Australian Bill Smith serving as interim international prosecutor.
He was convicted and sentenced to 40 years in jail. A term of 45 years should be imposed but five years had been deducted to take account of Duch's co-operation and time he had already served, Mr Smith said.
Duch is the first of five leading Khmer Rouge figures to face the UN-backed tribunal.
The joint trial of four other - more senior - Khmer Rouge leaders is expected to start in 2011.
The court is also investigating whether to open more cases against five other former Khmer Rouge officials.
Up to two million Cambodians died under Pol Pot's Khmer Rouge rule in the 1970s.
Khmer Rouge tribunal names new foreign prosecutor
Wednesday, December 02, 2009
AP
AP
PHNOM PENH, Cambodia — The Khmer Rouge genocide tribunal said Wednesday that it has appointed a new international prosecutor whose most recent job was defending former Liberian President Charles Taylor at his war crimes trial.
Andrew T. Cayley of Britain, who has also served as a prosecutor at international war crimes courts, was named to the post left vacant in September by the resignation of Canadian co-prosecutor Robert Petit, the tribunal said in a statement.
The tribunal, known as the Extraordinary Chambers in the Courts of Cambodia, incorporates mixed teams of foreign and Cambodian judges, prosecutors and defenders. Political wrangling between the two sides has led to many delays, and allegations of corruption among the tribunal's Cambodian staff have hurt the tribunal's credibility.
A verdict is expected early next year in the tribunal's first trial, of Khmer Rouge prison chief Kaing Guek Eav, also known as Duch, who is charged with crimes against humanity, war crimes, murder and torture.
The brutal 1970s rule of the Khmer Rouge left an estimated 1.7 million people dead from torture, execution, disease and starvation.
The tribunal is also holding four former senior Khmer Rouge leaders in custody, and they are expected to be tried next year or later.
Cayley has spent the last two years in private practice, during which time he defended Charles Taylor, the tribunal said. Taylor, accused of providing arms to Sierra Leone rebels in exchange for diamonds mined by slave laborers, ended 13 weeks on the witness stand earlier this month at the Special Court for Sierra Leone.
Cayley earlier served as senior prosecuting counsel for the International Criminal Court investigating crimes in Darfur and the International Criminal Tribunal investigating war crimes in the former Yugoslavia, it said.
The tribunal also said American Nicholas Koumjian was appointed reserve co-prosecutor.
Andrew T. Cayley of Britain, who has also served as a prosecutor at international war crimes courts, was named to the post left vacant in September by the resignation of Canadian co-prosecutor Robert Petit, the tribunal said in a statement.
The tribunal, known as the Extraordinary Chambers in the Courts of Cambodia, incorporates mixed teams of foreign and Cambodian judges, prosecutors and defenders. Political wrangling between the two sides has led to many delays, and allegations of corruption among the tribunal's Cambodian staff have hurt the tribunal's credibility.
A verdict is expected early next year in the tribunal's first trial, of Khmer Rouge prison chief Kaing Guek Eav, also known as Duch, who is charged with crimes against humanity, war crimes, murder and torture.
The brutal 1970s rule of the Khmer Rouge left an estimated 1.7 million people dead from torture, execution, disease and starvation.
The tribunal is also holding four former senior Khmer Rouge leaders in custody, and they are expected to be tried next year or later.
Cayley has spent the last two years in private practice, during which time he defended Charles Taylor, the tribunal said. Taylor, accused of providing arms to Sierra Leone rebels in exchange for diamonds mined by slave laborers, ended 13 weeks on the witness stand earlier this month at the Special Court for Sierra Leone.
Cayley earlier served as senior prosecuting counsel for the International Criminal Court investigating crimes in Darfur and the International Criminal Tribunal investigating war crimes in the former Yugoslavia, it said.
The tribunal also said American Nicholas Koumjian was appointed reserve co-prosecutor.
New int'l prosecutor named for UN-backed court in Cambodia
PHNOM PENH, Dec. 2 (Xinhua)-- The Extraordinary Chambers in the Courts of Cambodia announced Wednesday that Andrew T. Cayley was named as a new international co-prosecutor for the UN-backed court in Cambodia .
In the statement, the ECCC said Andrew T. Cayley, from the United Kingdom , has been appointed as a new international Co-Prosecutor.
Robert Petit, former international co-prosecutor resigned some six months ago and left the seat for William Smith, Australian, as acting international co-prosecutor since then.
The ECCC's statement said over the last two years, Mr. Cayley, has been in private practice, defending Charles Taylor before the Special Court for Sierra Leone and Ivan Cermak before the International Criminal Tribunal for the former Yugoslavia.
Prior to this he served as Prosecuting Counsel at ICTY from 1995-2001, the first three years being seconded from the British army by the Foreign and Commonwealth Office to the ICTY.
Cayley holds an LL. B and LL.M. from University College London and is also a professional officer graduate of the Royal Military Academy Sandhurst.
In the statement, the ECCC said Andrew T. Cayley, from the United Kingdom , has been appointed as a new international Co-Prosecutor.
Robert Petit, former international co-prosecutor resigned some six months ago and left the seat for William Smith, Australian, as acting international co-prosecutor since then.
The ECCC's statement said over the last two years, Mr. Cayley, has been in private practice, defending Charles Taylor before the Special Court for Sierra Leone and Ivan Cermak before the International Criminal Tribunal for the former Yugoslavia.
Prior to this he served as Prosecuting Counsel at ICTY from 1995-2001, the first three years being seconded from the British army by the Foreign and Commonwealth Office to the ICTY.
Cayley holds an LL. B and LL.M. from University College London and is also a professional officer graduate of the Royal Military Academy Sandhurst.
New international prosecutor
Dec 2, 2009
AFP
AFP
PHNOM PENH - CAMBODIA'S Khmer Rouge war crimes court has a new international prosecutor, the UN-backed tribunal announced on Wednesday, several months after the previous holder of the post resigned.
Briton Andrew T. Caley, who has worked at the Special Court for Sierra Leone and the International Criminal Tribunal for the former Yugoslavia has been formally appointed by Cambodian King Norodom Sihamoni, a court statement said.
The appointment was welcomed by court observers, who said it was important to get a permanent international prosecutor in place as soon as possible.
'There are many critical decisions that should be made in the (next) case in the next two months and they should be made by the international prosecutor who will have the responsibility for carrying them out,' Heather Ryan, court monitor for the Open Society Justice Initiative, told AFP.
Mr Caley is expected to arrive in Cambodia within the next few weeks, said tribunal spokesman Lars Olsen.
Canadian prosecutor Robert Petit announced his resignation from the court in June, citing personal and family reasons after a row with his local counterpart over whether to pursue more suspects of the late 1970s communist regime. He denied his sudden resignation from the tribunal was due to the dispute with Cambodian co-prosecutor Chea Leang.
Briton Andrew T. Caley, who has worked at the Special Court for Sierra Leone and the International Criminal Tribunal for the former Yugoslavia has been formally appointed by Cambodian King Norodom Sihamoni, a court statement said.
The appointment was welcomed by court observers, who said it was important to get a permanent international prosecutor in place as soon as possible.
'There are many critical decisions that should be made in the (next) case in the next two months and they should be made by the international prosecutor who will have the responsibility for carrying them out,' Heather Ryan, court monitor for the Open Society Justice Initiative, told AFP.
Mr Caley is expected to arrive in Cambodia within the next few weeks, said tribunal spokesman Lars Olsen.
Canadian prosecutor Robert Petit announced his resignation from the court in June, citing personal and family reasons after a row with his local counterpart over whether to pursue more suspects of the late 1970s communist regime. He denied his sudden resignation from the tribunal was due to the dispute with Cambodian co-prosecutor Chea Leang.
Saturday, September 05, 2009
‘This country has a long way to go.' [-Thank you Mr. Robert Petit for a job well done!]
Canadian co-prosecutor Robert Petit. In his opening statement, he told the tribunal that hearing the facts would give back to the victims of the Khmer Rouge the dignity that was denied to them in their last moments. After three years in Cambodia, Mr. Petit resigned, effective this week, citing personal reasons, and will resume his work for the federal Justice Department in Ottawa. “It’s obvious that some people in the government, from the prime minister downward, think they have a right to tell the courts what to do here,” he said in an interview, addressing the issue of political interference in Cambodian courts. “It’s not their job to take that on. It’s mine. It’s the court’s.” Jared FerrieCanadian prosecutor Robert Petit speaks out about his bitter struggle to bring more killers to justice
Friday, Sep. 04, 2009
The Globe and Mail (Canada)
Phnom Penh — This week Canadian lawyer Robert Petit's three-year stint as co-prosecutor for Cambodia's war-crimes tribunal officially came to an end. He cited “personal and family reasons” for his departure, but it's widely believed that political pressure is really to blame.
Co-sponsored by the United Nations and Cambodia, the tribunal has cost $150-million but so far just five aging Khmer Rouge leaders have been charged, with only one brought to trial.
Mr. Petit, a 48-year-old veteran of conflict remediation in Rwanda, Bosnia, East Timor and Sierra Leone, says he has solid cases against another six veterans of the regime.
Cambodia's prime minister, himself a former Khmer Rouge officer as are many of his political allies, has said he'd rather see the court fail than expand its caseload because another civil war could result. But on Wednesday, a day after Mr. Petit's resignation took effect, the tribunal's Cambodian judges failed to persuade their international counterparts to block any new investigations.
Just before he left Cambodia, the usually tight-lipped Mr. Petit spoke candidly with Jared Ferrie, a Canadian writer based in Phnom Penh, about the challenges he faced.
On political interference
“It's obvious that some people in the government from the Prime Minister downward think they have a right to tell the courts what to do here. … It certainly speaks volumes about the work that remains to be done in this country …”
During a public meeting, “one older gentleman got up and asked me, ‘How is it possible that you want some more suspects when the government said there shouldn't be?' He was genuinely puzzled. As long as people believe this is a fair question, this country has a long way to go.”
What about fears that too many trials will rekindle the civil war?
“I think that's hogwash. Cambodians have paid such a high price for their peace and current stability that nobody's going to take to the bush for a few old geriatric mass murderers. It's not going to happen … To a certain extent, people who oppose that are probably still profiting one way or another from it, from impunity.
“It's always the red herring that's raised by politicians whenever accountability threatens the status quo. I think it's been proven time and time again – at least in terms of accountability for mass crimes – that on the contrary, accountability is one of the essential steps toward reconciliation and stability.
Does it matter if suspects die before their trials?
“That's one of the things that keeps me awake at night … Without these people, these events would not have happened. Their story holds the key for the Cambodian people to understand why it happened and hopefully learn from that. So I think it's fundamental that these remaining individuals face trial.”
Will other cases be like Duch's?
“It's going to be much different because, as far as I know, none of the other accused have admitted any kind of responsibility. …
“As far as I'm aware, only people kill people. A system itself is nothing without people that either create it, run it, or implement it.”
What motivates him
“One of the greatest things we have living in Canada is to be able to count on the rule of law … I've never wanted to be anything but a prosecutor. And being able to prosecute these types of individuals for these types of crimes and bringing some justice to the victims of the worst possible violations – I think there's no better deal.”
But there are limitations“My neighbour in Ottawa was a Cambodian family. Both were refugees, both made it through the Khmer Rouge, both lost members of their family. The lady was supportive, saying, ‘You're going to do your best; whatever happens it will be at least that.'
“The husband was furious with me for even taking the job: ‘Where were you and where was the UN when my family was getting killed? Where are you now with all the millions you're going to spend when my current family members are eating grass?'
“And both of these opinions are legitimate. Both of these feelings you have to respect. … A lot of people come to the court and go away disappointed. These courts generally speaking will prosecute people who never got their hands dirty, the architects or the high-level commanders, which is one of the things that I'm trying to achieve with these additional prosecutions. You can always find killers.”
On leaving Cambodia
“Of all the places I've dragged my family to, this has certainly been the best, and it's with great reluctance and great sadness that we are leaving.
“It's been a wonderful personal experience living here. My wife and kids have been very happy living here and unfortunately it has to end at this point.”
Friday, Sep. 04, 2009
The Globe and Mail (Canada)
Phnom Penh — This week Canadian lawyer Robert Petit's three-year stint as co-prosecutor for Cambodia's war-crimes tribunal officially came to an end. He cited “personal and family reasons” for his departure, but it's widely believed that political pressure is really to blame.
Co-sponsored by the United Nations and Cambodia, the tribunal has cost $150-million but so far just five aging Khmer Rouge leaders have been charged, with only one brought to trial.
Mr. Petit, a 48-year-old veteran of conflict remediation in Rwanda, Bosnia, East Timor and Sierra Leone, says he has solid cases against another six veterans of the regime.
Cambodia's prime minister, himself a former Khmer Rouge officer as are many of his political allies, has said he'd rather see the court fail than expand its caseload because another civil war could result. But on Wednesday, a day after Mr. Petit's resignation took effect, the tribunal's Cambodian judges failed to persuade their international counterparts to block any new investigations.
Just before he left Cambodia, the usually tight-lipped Mr. Petit spoke candidly with Jared Ferrie, a Canadian writer based in Phnom Penh, about the challenges he faced.
On political interference
“It's obvious that some people in the government from the Prime Minister downward think they have a right to tell the courts what to do here. … It certainly speaks volumes about the work that remains to be done in this country …”
During a public meeting, “one older gentleman got up and asked me, ‘How is it possible that you want some more suspects when the government said there shouldn't be?' He was genuinely puzzled. As long as people believe this is a fair question, this country has a long way to go.”
What about fears that too many trials will rekindle the civil war?
“I think that's hogwash. Cambodians have paid such a high price for their peace and current stability that nobody's going to take to the bush for a few old geriatric mass murderers. It's not going to happen … To a certain extent, people who oppose that are probably still profiting one way or another from it, from impunity.
“It's always the red herring that's raised by politicians whenever accountability threatens the status quo. I think it's been proven time and time again – at least in terms of accountability for mass crimes – that on the contrary, accountability is one of the essential steps toward reconciliation and stability.
Does it matter if suspects die before their trials?
“That's one of the things that keeps me awake at night … Without these people, these events would not have happened. Their story holds the key for the Cambodian people to understand why it happened and hopefully learn from that. So I think it's fundamental that these remaining individuals face trial.”
Will other cases be like Duch's?
“It's going to be much different because, as far as I know, none of the other accused have admitted any kind of responsibility. …
“As far as I'm aware, only people kill people. A system itself is nothing without people that either create it, run it, or implement it.”
What motivates him
“One of the greatest things we have living in Canada is to be able to count on the rule of law … I've never wanted to be anything but a prosecutor. And being able to prosecute these types of individuals for these types of crimes and bringing some justice to the victims of the worst possible violations – I think there's no better deal.”
But there are limitations“My neighbour in Ottawa was a Cambodian family. Both were refugees, both made it through the Khmer Rouge, both lost members of their family. The lady was supportive, saying, ‘You're going to do your best; whatever happens it will be at least that.'
“The husband was furious with me for even taking the job: ‘Where were you and where was the UN when my family was getting killed? Where are you now with all the millions you're going to spend when my current family members are eating grass?'
“And both of these opinions are legitimate. Both of these feelings you have to respect. … A lot of people come to the court and go away disappointed. These courts generally speaking will prosecute people who never got their hands dirty, the architects or the high-level commanders, which is one of the things that I'm trying to achieve with these additional prosecutions. You can always find killers.”
On leaving Cambodia
“Of all the places I've dragged my family to, this has certainly been the best, and it's with great reluctance and great sadness that we are leaving.
“It's been a wonderful personal experience living here. My wife and kids have been very happy living here and unfortunately it has to end at this point.”
Friday, August 21, 2009
UN nominates new co-prosecutor for ECCC
08/21/2009
VNA/VOVNews
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.
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.
Subscribe to:
Posts (Atom)
